Karnataka

Chitradurga

CC/262/2018

Sri G.Revanasiddappa, S/o Gangadharappa - Complainant(s)

Versus

The Proprietor, Prerana Tata Motors - Opp.Party(s)

Sri E.Shivakumar

01 Mar 2019

ORDER

COMPLAINT FILED ON:07/12/2018

DISPOSED      ON:15/03/2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

CC.NO:262/2018

 

DATED: 15^th MARCH 2019

PRESENT :-     SRI.T.N.SREENIVASAIAH :   PRESIDEN

T                                      B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI

BSc.,MBA., DHA.,                LADY MEMBER

 

……COMPLAINANT/S	Sri G. Revanasiddappa, S/o  Gangadharappa, Aged about 45 Years, Jaalikatte Grama, Kasaba Hobli,  Chitradurga Taluk.       (Rep by Sri.E. Shiva Kumar, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Proprietor, Prerana Tata Motors, Plot No.8, Antharasanahalli Industrial Area, 1st Main, Lingapura Grama, Kasaba Hobli, Tumkur Dist. 2. The Proprietor, Prerana Tata Motors, Industrial Area, Opp:Upadhya Hotel, N.H.4 Road, Chitradurga Town.   (ex-parte)

 

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P. Act, 1986 for the relief to direct the OPs to give RC Book, State Permit Tax Card and to pay Rs.2,10,000/- with interest at the rate of 24% p.a and to grant such other reliefs to the complainant.

2.      The brief facts of the case of the above complainant are that, the complainant has purchased the TATA Winger vehicle from the OPs on 07.09.2018 for an amount of Rs.9,30,000/- through DD and Rs.14,000/- towards registration charges and registered the same before RTO, Tumkur.  By that time, the OPs have assured the complainant that, the RC Book and the documents pertains to the vehicle will be sent through Post.  But, even after 3 months from the date of purchase of the vehicle, the OPs have not send the RC Book, Tax Card and State Permit.  The complainant approached the OPs several time, but the OPs postponed the matter on one or the other pretext and played a game in the life of complainant.  At the time of purchasing the vehicle, the OPs informed the complainant that, the seating capacity of the vehicle is 12 + 1, but, it was noticed by the complainant that, at the time of registration of the vehicle, the same was registered as 13 + 1.  The same has been questioned by the complainant, for that the OPs assured the set right the same.  But till today, the OPs have not given the documents of the vehicle.  The vehicle belongs to the complainant is a taxi, while transporting the passengers, the concerned Departments asked to show the documents pertains to the vehicle, but the complainant has not documents with him.  Due to non availability of the documents, the complainant kept the vehicle without running the same on the road and he was unable to repay the loan installments to the Bank.  The Bank authorities have demanded to repay the loan installments, which caused to mental agony and financial loss to the complainant.  The complainant was earning Rs.2,000/- per month from the said vehicle.  Out of the said amount, the complainant was paying the loan amount and also leading his family peacefully.  Due to the act of the OPs, the complainant is facing very hard days.  The complainant vehicle is kept idling for nearly 15 months and incurred loss of Rs.2,10,000/- because of the deficiency of service on the part of OPs.    The complainant has issued legal notice to the OPs on 17.11.2018, but the OPs failed to reply the same cause of action which is within the jurisdiction of this Forum and hence, prayed for allow the complaint.

3.      This Forum has issued notice to OPs, the same was served to the OPs, but remained absent and hence, placed ex-parte.

          4.      Complainant himself has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-8 were got marked and closed his side.

 

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

(1)  Whether the complainant proves that the OPs have committed deficiency of service in giving documents to him and entitled for the reliefs as prayed for in the above complaint?

              (3) What order?

         7.       Our findings on the above points are as follows:-

                    Point No.1:- Partly in Affirmative. 

Point No.2:- As per final order.

 

REASONS

8.      Point No.1:- It is the case of the complainant that, he has purchased the TATA Winger vehicle from the OPs on 07.09.2018 and paid an amount of Rs.9,30,000/- through DD and Rs.14,000/- towards registration charges and registered the same before RTO, Tumkur.  But the OP No.1 has not sent any documents to the complainant.  After lapse of 3 months from the date of purchase of the vehicle, the complainant approached the OP No.1 to furnish all the RTO documents of the above said vehicle.  But the OPs have drag on the matter on one or the other pretext without any reason.  As per the documents, the complainant has purchased the above said vehicle for commercial purpose for his livelihood and the entire family is depending on the earnings of the said vehicle.  The above said vehicle is 12 + 1 seating capacity but, the OPs have noted in the RC Book that, the vehicle is of 13 + 1 seating capacity.  After that, the complainant has issued legal notice to the OPs on 17.11.2018, the same has been served to the OP No.1 and 2, but they have not replied to the notice.  The contention of the complainant is that, the OP No.1 has not given the RTO documents i.e., RC Book, Tax Card, State Permit etc., till today.  Due to the non giving of the above said documents, the complainant has kept idle the above said vehicle for nearly three months 15 days, which caused the complainant to suffer financially and mentally to the tune of Rs.2,10,000/-, which shows the deficiency in service on the part of OPs, for non giving the above documents.  The OPs have collected RTO charges from the complainant, when the RTO charges received by the OPs, it is their duty to register the vehicle and after that, they have to send the concerned documents to the owner/complainant.  In this case, the OP No.1 has failed to do the same, but till today, the OPs have not given the documents of the vehicle.  Due to non availability of the documents, the complainant kept the vehicle without running the same on the road and suffered financial loss and facing very hard days because of the deficiency of service on the part of OPs.    Accordingly, this Point No.1 is held as partly affirmative to the complainant.   

9.     Point No.3:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is hereby partly allowed.

It is ordered that, the OP No.1 is hereby directed to pay a sum of Rs.1,57,500/- towards loss of income arising from the vehicle along with interest at the rate of 9% p.a from the date of purchasing the vehicle i.e., 07.09.2018 till realization.

Further the OP No.1 is hereby directed to handover the RC Book, State Permit, Tax Card and other essential documents to the complainant within 30 days from the date of this order.

It is further ordered that, the OP No.1 is hereby directed to pay Rs.10,000/- towards mental agony and Rs.5,000/- towards costs of this proceedings to the complainant.  

Complaint filed as against OP No.2 is hereby dismissed.

It is further ordered that, the OP No.1 is hereby directed to comply the above order within 30 days from the date of this order.

 (This order is made with the consent of Member after the correction of the draft on 15/03/2019 and it is pronounced in the open Court after our signatures)         

 

                                     

MEMBER                                                   PRESIDENT

 

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

-Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Sale Certificate
02	Ex-A-2:-	Certificate of Registration
03	Ex-A-3:-	Tax Invoice
04	Ex-A-4:-	Insurance copy
05	Ex-A-5:-	Seating Capacity list
06	Ex.A-6:-	Sketch
07	Ex.A-7:-	Legal Notice
08	Ex.A-8:-	Postal receipt and Acknowledgement

 

Documents marked on behalf of OPs:

-Nil-

 

MEMBER                                                   PRESIDENT

Rhr**