By. Sri. Jose. V. Thannikode, President:-
The complaint is filed under section 12 of the Consumer Protection Act against the opposite parties to get the loss, cost and compensation due to the deficiency of service by the opposite parties.
2. Brief of the complaint:- The complainant purchased KL 11 P 9822 No goods autorickshaw from 1st opposite party with the consent of 2nd opposite party in the year 2002 and after clearing all the dues, on 30.05.2013 sold the vehicle to the 1st and 2nd opposite party for Rs.26,300/- and bought 2013 model Mahindra Alpha Plus Good Autorickshaw from 1st opposite party and using the vehicle till date. All the above dealings were known to 2nd opposite party also. The above said KL 11 P 9822 No goods autorickshaw was sol to some one in Malappuram District by the 1st and 2nd opposite parties and the said vehicle is seized by the Edvanna Police in Cr No.261/2013 for unauthorizely transporting sand and kept in the custody of Edavanna Police Station. Even though all the documents including sale letter were given to 1st and 2nd opposite parties, they were not transferred the said vehicle from the name of the complainant to the new owner and not remitted the road tax for the vehicle and because, the authorities have taken the Revenue Recovery proceedings against the complainant. Since no other option the complainant remitted Rs.1,457/- as tax arrears before the Pulpally Village Officer, on 22.09.2014 and paid Rs.1,100/- before the Sub Regional Transport Officer, Sulthan Bathery as tax arrears up to 20.06.2015 and further stated that due to the deficiency of service and unfair trade practice of opposite parties the complainant caused great financial loss, mental agony and hardships and hence prayed before the Forum to direct the opposite parties to pay Rs.10,000/- as expenses and loss caused to the complainant and to pay Rs.15,000/- as compensation.
3. Notice were served to opposite parties on 31.01.2015 and opposite parties entered appearance through counsel and filed vakalath and sought time for version. Since they were not filed version till 15.05.2015 they were set ex-parte and proceeded with the case.
4. The complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1 to A5 is marked. Ext.A1 is the vehicle sale agreement, which shows that the complainant sold the vehicle bearing No. KL 11 P 9822 to 2nd opposite party on 30.05.2015 for Rs.26,300/- and the buyer undertakes all the future liabilities from 30.05.2013. Ext.A2 is the certificate issued by the Sub Inspector of Police, Edavanna Police Station, which shows that the above vehicle seized by the police in Cr No.261/2013 under section 12 R/W 20 of KRBP Act and kept under police custody. Ext.A3 is the Tax Receipt for Rs.1,457/- remitted by the complainant for the above said vehicle in B-92/MVT/14-15 before the Pulpally village and Ext.A4 is the Tax token for tax paid before the Sub Regional Transport officer, Sulthan Batery on 25.11.2014. Ext.A5 is the copy of Registration Certificate of the vehicle KL 11 P 9822 in the name of complainant.
5. Since the opposite parties were ex-parte, on perusing the complaint and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and Cost.
6. Point No.1:- Since all the allegation are proved by the complainant with complaint, affidavit along with documents and not defended by the opposite parties, the Forum is of the opinion that complainant can be believed in toto and the Point No.1 is found accordingly.
7. Point No.2:- Since the Point No.1 is found in favour of complainant, the 1st and 2nd opposite parties are jointly and severally liable to pay all the expenses incurred by the complainant and liable to pay compensation for the hardships and damages with cost of the proceedings.
In the result, the complaint is partly allowed and the 1st and 2nd opposite parties are jointly and severally directed to pay Rs.2,557/- (1457+1100) the tax arrears which is paid by the complainant and also directed to pay Rs.3,000/- (Rupees Three Thousand) as compensation and Rs.2,000/- (Rupees Two Thousand) as cost of the proceedings. The opposite parties are directed to comply the Order within 30 days from the date of receipt of this Order, failing which the complainant is entitled for an interest @ 15% per annum.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 29th day of May 2015.
Date of Filing:22.01.2015. PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Suresh(affidavit). Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Vehicle Sale Agreement.
A2. Certificate. Dt:01.10.2014.
A3. Copy of Tax Receipt.
A4. Tax Toxen.
A5. Copy of Registration Certificate.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
