By. Smt. Bindu. R, President:
This complaint is filed Ramsheena. K, Kottakkal House, Kottarakunnu Post, Mothakara against Muhsin, Vazhayil House, Kattayad Post, Vellamunda as Opposite Party alleging deficiency of service and unfair trade practice from the side of the Opposite Party.
2. The Complainant states that the Complainant had purchased an Ape Passenger vehicle bearing Registration No.KL-18-F-2698 for Rs.65,000/- from the Opposite Party on 13.08.2022 on payment of an advance amount of Rs.20,000/-. The Complainant states that the Opposite Party had not handed over the records of the vehicle at the time of purchase and it was made to believe the Complainant that the vehicle had halting permit at Vellamunda 8/4 town. Later the Complainant found that the vehicle had not permit to drive at Vellamunda 8/4 town. According to the Complainant she is a widow having 3 children and for her livelihood, she had purchased the vehicle but the Opposite Party cheated the Complainant by selling a vehicle which had no permit to drive in town area, which amounts to deficiency of service and unfair trade practice from the side of the Opposite Party and hence the Complainant praying for issuing a direction to the Opposite Party to get the permit to ply the vehicle in 8/4 town or to repay the advance amount of Rs.20,000/- along with other reliefs.
3. Upon notice Opposite Party entered into appearance and filed their version contenting that both the Complainant and the Opposite Party are residing in the same place and they are known to each other. The Complainant saw the vehicle and talked with the Opposite Party many times and agreed an amount of Rs.65,000/- to purchase the vehicle. An agreement was entered into between the parties by receiving Rs.20,000/- as advance and the balance amount is to be paid on 23.08.2022 on receiving the original documents of the vehicle. According to the Opposite Party all the photocopies of the documents were handed over to the Complainant on 13.08.2022 itself. But the Complainant requested for the original documents before paying Rs.45,000/- which is the balance amount for the purchase of the vehicle for which Opposite Party was not ready. According to the Opposite Party, the fitness certificate of the vehicle will expire on 02.11.2022, the date of filing of the version which the Complainant alone will be responsible for the fine etc and prayed for dismissal of the complaint with cost of the Opposite Party.
4. Evidence in this case consists of the oral testimony of PW1 and Ext.A1 and A2 from the side of the Complainant and oral evidence of OPW1 from the side of Opposite Party. As per the Orders in I.A.541/2023, the documents produced by the Secretary, Vellamunda Grama Panchayath are marked as Ext.X1(Series).
5. Heard both sides and perused the records.
6. The following are the questions to be analysed in this case to derive into an inference of the facts.
- Whether there is any deficiency of service or unfair trade practice from the side of the Opposite Party.
- If proved, Compensation and costs for which the Complainant is entitled for.
7. The case of the Complainant is that on 13.08.2022, Ext.A1 agreement was entered into between the Complainant and Opposite Party regarding sale of Ape Passenger vehicle fixing the value at Rs.65,000/- out of which Rs.20,000/- was paid in advance by the Complainant which shows that the original of documents are not handed over on 13.08.2022. The agreement is that the same will be handed over to the Complainant only on payment of balance Rs.45,000/- to the Opposite Party. The case of the Complainant is that the Opposite Party had not handed over the original documents and the vehicle had no halting permit at 8/4 Vellamunda. Later it was revealed that no halting permit will be issued to anyone who is not a permanent resident of 8/4 Vellamunda. Admittedly the balance amount of Rs.45,000/- is not paid to the Opposite Party and hence according to Opposite Party he is not bound to hand over the original documents. During cross-examination, PW1 deposed that she had not applied for the permit since she is not in possession of the original documents with her. According to PW1, as per Ext.A1 agreement she is entitled for the original documents of the vehicle and with reference to the same Ext.A2 police complaint filed. During re-examination, PW1 deposed that she is ready to pay the balance amount of Rs.45,000/- if the Opposite Party is willing to hand over the documents. Opposite Party has stated that the copies of documents of the vehicle was handed over to the Complainant along with the vehicle at the time of receiving the advance of Rs.20,000/-. It was also agreed between parties that the original documents will be handed over on payment of balance of Rs.45,000/- on 23.08.2022 by the Complainant. Contrary to the agreement the Complainant requested for the original documents without paying the balance amount as agreed. According to Opposite Party at the time of purchase of the vehicle, no permit was needed to ply the vehicle at 8/4 Vellamunda. According to Opposite Party, after the sale of the vehicle local body called for applications for permit and was given till November 2022. The Complainant was at liberty to apply for permit since the vehicle was with her, and there is no deficiency of service on the part of the Opposite Party. The chief affidavit was filed by the father of the Opposite Party who was examined as OPW1 in the case. It is stated in the Chief affidavit that the transaction was between himself and the Complainant without the knowledge of the Opposite Party. During cross-examination he had admitted the agreement between the Complainant and the son of OPW1. According to him at the time of sale of the vehicle no halting permit was there to ply the vehicle and application for halting permit was called for only on 16.08.2022 and permits were issued only from 11.11.2022. According to OPW1, it was the Complainant herself to apply for halting permit which has not been done by the Complainant. In this case Ext.X1(series) is very relevant to come to a conclusion in the case. Ext.X1(series) shows that the application for permit in Vellamunda Panchayath 8/4 town was received from 16.08.2022 to 11.12.2023 and new permits were granted from 31.10.2022, which shows that no application for permit is received for the vehicle KL-18-F-2698.
8. Considering Ext.A1 which is the agreement relied on by the Complainant, the Opposite Party is bound to handover the documents only on receipt of the full sale amount which is not paid by the Complainant, without paying the amount the Complainant cannot claim the original documents also. Moreover, she was in possession of the vehicle and she had no case that the application filed by her is rejected or not accepted by the authorities.
9. Considering the entire aspects in detail, we find Point No.1 is not proved by the Complainant in her favour.
10. Since Point No.1 is found against the Complainant Point No.2 is not considered by the Commission.
Hence we find no merit in the complaint and Consumer Case is dismissed without costs.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 26th day of November 2024.
Date of Filing:- 24.08.2022.
PRESIDENT : Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant:-
PW1. Ramsheena. K. Business.
Witness for the Opposite Party:-
OPW1. V. Moidu. Nil.
Exhibits for the Complainant:
A1. Agreement. Dt:13.08.2022.
A2. Copy of police complaint. Dt:14.08.2022.
Exhibits for the Opposite Party:-
X1(Series). Documents produced by Secretary, Vellamunda Grama
Panchayath. (11 pages).
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
ASSISTANT REGISTRAR
CDRC, WAYANAD.
Kv/-
