Karnataka

Kolar

CC/43/2019

Sri.R.Sukumar - Complainant(s)

Versus

The Proprietor,Srinivasa Motors - Opp.Party(s)

30 Jul 2019

ORDER

Date of Filing: 11/06/2019

Date of Order: 30/07/2019

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 30^th DAY OF JULY 2019

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

CONSUMER COMPLAINT NO. 43 OF 2019

Sri. R. Sukumar,

S/o. Ramaiah,

Aged About 48 years,

R/at: Indiranagara,

Hosur Main Road,

Malur.                                                                                      ….  COMPLAINANT.

(In-person)

 

- V/s -

The Proprietor, Ramegowda,

Dealer of TVS Motors,

Srinivasa Motors,

Balaji Theater Circle,

Malur Town – 563 130

(Exparte)                                                                           …. OPPOSITE PARTY.

-: ORDER:-

BY SRI K.N. LAKSHMINARAYANA, PRESIDENT

01.   The complainant has filed this complaint against the OP and prays to issue direction to the OP to return the original documents pertaining to his TVSN TORQ 125 two wheeler vehicle and compensation of Rs.50,000/- and allow the said complaint.

 

02.   The brief facts of the complainant case is that, on 27.09.2018 he purchased TVS N TORQ 125 two wheeler vehicle from the OP by paying down payment of Rs.39,000/- and thereafter he has paid the entire loan installment amount to the OP and the said finance has also issued NOC to him on 20.03.2018.  Thereafter the complainant approached the OP to issue original documents of the said vehicle, but the OP has failed to issue the same and all the effort made by the complainant are went in vain.  The complainant has produced documents to support his case and filed this complaint for the above said reliefs and prays to allow the complaint.

 

03.   Along with the complaint the complainant has produced 04 documents:-

(i) Copy of Form-35 issued by OP to the Registering Authority

(ii) Copy of Letter dated: 20.03.2019 issued by OP.

(iii) Copy of receipt dated: 29.11.2018

(iv) Copy of Driving License

 

04.   The OP did not appear before the Forum in spite of service of notice and he has been placed Exparte.

 

05.   The complainant has filed his affidavit evidence by way of examination-in-chief and we heard the arguments of the complainant.

 

06.   Now the points that do arise for our consideration are that:-

1. Whether the complainant has made out a case of deficiency in service against the OP?

 

2. Whether the complainant is entitled for the relief as prayed by him?

 

3. What order?

 

07.   Our findings on the above points are:-

POINT Nos.1 & 2:-  Are in the Negative

POINT No.3:-           As per the final order

for the following:-

REASONS

08.   Perused the complaint and evidence of the complainant and so also the documents produced by the complainant.  On 27.09.2018 the complainant has purchased TVS N TORQ 125 two wheeler vehicle by paying down-payment of Rs.39,000/- to the OP.  The complainant has produced receipt dated: 29.11.2018, on perusal of the said document it reveals that, the complainant has issued cheque for Rs.3,200/-, which is subject to realization.  The date of delivery of the vehicle was on 27.09.2018, but the complainant has not produced delivery note.

 

09.   The complainant has contended that, he has paid the entire installment of loan to the OP and the said OP has issued NOC to him on 20.03.2018, but to support the said fact the complainant has not produced any document to show that, he has paid the entire amount to OP and NOC was issued.  The complainant has also not produced any additional document in spite of taking time.  The complainant has produced the letter of OP issued to the Registering Authority dated: 20.03.2019, wherein which it reveals that, the complainant has paid the entire amount due to the OP and there is no due from the complainant.  But to substantiate the said fact the complainant has not produced “No Due Certificate” before the Forum though the complainant has stated that, OP has issued NOC to him on 20.03.2018.  Hence as discussed above there is no deficiency of service on the part of the OP and the question of issuing direction to the OP as prayed by the complainant does not arise.  The document produced by the complainant i.e., Form No.35 is to be produced before the Regional Authority.  Hence under these circumstances as discussed above, the complainant is not entitled for the relief as prayed by him and accordingly we answer Point Nos.1 & 2 are in the Negative.

 

 

 

 

POINT No.3:-

10.   In view of our findings on Point Nos.1 & 2 and the discussion made thereon, we proceed to pass the following:-

 

ORDER

01.   The complaint filed by the complainant is hereby dismissed. 

02.   Send a copy of this order to both parties free of cost.

 

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 30^th DAY OF JULY 2019)

 

 

 

LADY MEMBER                             PRESIDENT