Date of Filing:17.10.2007<br /> Date of Order: 14.01.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> Dated: 14TH DAY OF JANUARY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> COMPLAINT NO: 2114 OF 2007 <br /> <br /> M. Murugan,<br /> S/o Late Muthuvel,<br /> R/at No.44, II Cross, <br /> Netaji Road, K.P. Agrahara,<br /> Bangalore-560023. Complainant<br /> <br /> V/S<br /> 1. The Manager,<br /> Triton TVS,<br /> No.2, Lakshmaiah Block, <br /> Ganganagar North,<br /> Opposite to Hebbal Vaternary College,<br /> Bangalore-560011. <br /> <br /> 2. M.M. MUrugan, <br /> The Branch Manager,<br /> ICICI Bank, No.3/1, <br /> Bangalore Branch,<br /> Commissionarate Road,<br /> Mayhall opposite road,<br /> Bangalore-560025. Opposite Parties<br /> <br /> <br /> ORDER<br /> <br /> This complaint is filed by the complainant to issue proper registration number, insurance number, with compensation and costs.<br /> The complainant states that, he intended to purchase a two wheeler vehicle had approached the opposite party No.1 show room in turn he agreed to deliver the vehicle after oral and mutual negotiations. The complainant further states that, one Mr. Krishna the agent of opposite party No.1 show room intervened in the mutual negotiations and told him that he will arrange a loan. The complainant agreed the same since he was shortage of money. As per the negotiations with opposite party No.1 collected a sum of Rs.6,500/- by cash and delivered the cash receipt bearing No.4916 dated 22/5/2006 towards advance for the vehicle and assured to arrange vehicle loan for the balance amount from the opposite party No.1. Accordingly, the agent of the opposite party No.1 and 2 arranged for the loan and sanctioned a sum of Rs.38,000/-. The opposite party No.1 collected a cheque for Rs.3,500/- towards expenses for getting registration of vehicle with RTO and also for insurance purpose. Later opposite party informed orally that the registration is over and the registration number is KA-04 EQ-4216. The opposite party No.1 has also told that he has insured the vehicle with insurance company. The complainant further states that, the opposite party No.1 and 2 never gave RC book and other documents as per hypothecation and negotiations made with the opposite party No.2. The opposite party No.1 has given only the insured policy certificate cum policy schedule. The contact with the opposite party No.1 and 2 there is no fruitful result. Therefore, he applied for extract of reports from the RTO for confirming the registration number and in the last week of March-2007 the RTO issued extract. The opposite party No.2 Bank issued bank statement of account with regard to EMI’s and in that statement vehicle number of complainant is KA-04 EQ-7233. He enquired with the opposite party No.1 and 2 they told that the numbers given is one and the same. By not believing the version of the opposite parties, he applied for extract by opposite parties, the extract report shows that the numbers allotted to some other parties. KA-04 EQ-4216 is in favour of S.Parthasarathy and KA-04 EQ-7233 is in favour of Murugan. The act of the opposite parties shows deficiency of service. Hence, the complaint. <br /> <br /> <br /> 2. Notice was issued to opposite party by registered post. Notice was served. In spite of service of notice, opposite parties have not appeared before this Forum and they placed exparte. Arguments of complainant heard in person. <br /> <br /> 3. The point for consideration is:-<br /> Whether there is a deficiency of service on the <br /> part of the opposite party?<br /> <br /> REASONS<br /> 4. Perused the complaint, documents and affidavit evidence. The complainant had purchased two-wheeler from the opposite party No.1. He had also taken vehicle loan from the opposite party No.2 and the complainant submitted that he is depositing the EMI regularly. It is the case of the complainant that the RTO has not assigned registration number to his two wheeler. There is a confuse of name Murugan. One vehicle has been in the name of Murugan Devinagar and another is registered in the name of S. Parthasarathy. The ICICI Bank shown vehicle number KA-04 EQ-7233 in the statement. But the complainant submitted that the said vehicle is registered in the name of one Murugan Devinagar and not in his name. Therefore, there is some confusion in allotment of register number to the vehicle of the complainant. It is the duty of opposite party No.1 dealer to get the vehicle registered in RTO Office and to pass on RC Book and insurance policy to the complainant. Therefore, the opposite party No.1 shall be directed to get proper registration number to the vehicle of the complainant. After proper registration in the office of RTO the connected documents shall be handed over to complainant. So that, there will not be any confusion in future in respect of loan by the complainant to the opposite party No.2. The case made out by the complainant has gone unchallenged. The opposite parties have not appeared and contested the matter. Therefore, the case of the complainant shall have to be accepted and opposite party No.1 shall be directed to rectify the mistake and to see that proper registration number is given to the two wheeler of the complainant. So that he may not face any problem. In the result, we proceed to pass the following:-<br /> ORDER<br /> <br /> 5. The complaint is allowed. The opposite party No.1 is directed to get the vehicle of the complainant registered with the concerned RTO and to see that proper registration number is given to the vehicle of the complainant. <br /> 6. The complainant is entitled to Rs. 1,000/- towards costs of the present proceedings.<br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 8. Pronounced in the Open Forum on this 14TH DAY OF JANUARY 2008.<br /> Order accordingly,<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br />