This C.C. is coming on before us for hearing; in the presence of Sri. Mandadapu Srinivasa Rao, Advocate for complainant; notice of opposite party refused; upon perusing the material papers on record; upon hearing and having stood over for consideration, this Forum passed the following:-

O R D E R

(Per Smt.V.Vijaya Rekha, Member)

This complaint is filed under section 12(1) of the Consumer Protection Act, 1986. 

2.       The brief facts as mentioned in the complaint are that the complainant had purchased Power Track Tractor – 439 on 07-01-2013 from the opposite party by obtaining finance for an amount of Rs.4,65,000/- from the SBI.  The opposite party delivered the vehicle with temporary registration vide its No.AP-20-TY-TR-2563, valid for one month.  Thereafter, the complainant approached many times for original documents to produce before RTA for allotment of permanent registration certificate but the opposite party did not return the documents and stated that the documents were misplaced and assured that the same were hand over to him when traced out.  Due to which, the tractor could not ply on the road and kept idle in her house.  The complainant also alleged that the opposite party demanded additional amount from the complainant instead of issuance of original documents vexed with the same, the complainant issued legal notice on 20-06-2013.  The opposite party failed to give any response even after service of notice on 25-06-2013.  Therefore, filed the present complaint by praying to direct the opposite party to return the original certificates and to pay Rs.1,00,000/- towards damages.  

3.       In support of her case, the complaint filed affidavit and also filed Exhibits A1 to A4.

4.       Notice of opposite party refused, since then, the opposite party did not turn up to represent the matter till it was posted for orders.

5.       In view of above circumstances, now the point that arose for consideration is,

Whether the complainant is entitled to the relief as prayed for?

Point:-        

According to the averments of complaint and material on record, it is clear that the complainant had purchased a Tractor from the opposite party on 07-01-2013 by obtaining loan for Rs.4,65,000/- on hypothecation.  But the opposite party did not hand over the original documents even after completion of stipulated period of temporary registration, due to which, the Tractor was kept idle and the complainant suffered a lot.  Even after issuance of legal notice there is no response from the opposite party and after having waited for 1 year, filed the complaint for redressal.  To prove her case, placed exhibits A1 to A4.  Exhibit A2 is the temporary registration certificate, valid for 1 month from 08-01-2013 to 06-02-2013,  thereafter, the vehicle was not registered due to non supply of original documents, evidenced under Exhibit A1, definitely it causes much inconvenience to the complainant.  The opposite party neither returned the original documents after receipt of legal notice nor responded even after filing of complaint before this Forum.  Moreover, the opposite party refused to receive notice, issued by this Forum.  In view of above circumstances this Forum feels that the attitude of opposite party is amounts to unfair trade practice and deficiency of service.  Therefore, directed the opposite party to return the original documents to avoid inconvenience to the complainant as it is the bounden duty of the seller of the Tractor and as such the point is answered accordingly in favour of the complainant.

6.       In the result, the complaint is allowed in part, directing the opposite party to return the original documents of Power Track Tractor-439 of Escort’s company immediately after receipt of this order.  Further directed to pay Rs.1,000/- towards costs.   

           Typed to dictation, corrected and pronounced by us in the open forum, on this the  24^th day of August, 2015.

                                                  FAC President               Member      

                                           District Consumer Forum, Khammam

APPENDIX OF EVIDENCE

WITNESSES EXAMINED:-

For Complainant                                                       For Opposite party  

       None                                                                             None

DOCUMENTS MARKED:-

For Complainant                                                       For Opposite party

FAC President               Member

     District Consumer Forum, Khammam