Sri. P. Satheesh Chandran Nair (President):

The complainant filed this complaint u/s.12 of the C.P. Act 1986.

2. The case of the complainant is as follows. The complainant purchased a Motor Bike by name and style ‘Passion Pro Motor Bike’ bearing registration No. KL-62-6668 from the opposite party as an exchange transfer of his ‘Hero Honda Motor Cycle’ bearing KL-03/M-963 and also paid an amount of Rs. 26,582/- as additional payment.  According to the complainant he paid a total consideration of Rs. 49,082/- to the opposite party for this transaction including the exchange value of his old bike.  It is contended that at the time of transfer of the Motor Bike bearing No. KL-03/M-963, the complainant had handed over all the necessary documents to transfer the ownership of the vehicle and insurance policy in the name of the new purchaser.  The opposite party also assured that he would inform the details of the transfer within 15 days to him.  It is contended that complainant who received a notice from Pathanamthitta Motor Accident Claims Tribunal (OPMV 643/17) making him as the 2^nd opposite party in the said case on 10/07/2017.  It is further contended that only on this day it is revealed that opposite party failed to transfer the name of ownership to the purchaser as assured by them.  It is also contended that the said case  related to his old Hero Honda Bike bearing reg. No. KL-03/M-963.  According to the complainant the opposite party committed deficiency in service in their dealing that the opposite party thereby the opposite party liable to the complainant.  Hence this case, for allowing a loss of Rs.4,00,000/-, compensation, cost, etc. etc.
3. This Forum entertained the complaint and issued notices to the opposite party for their appearance. Though the opposite party received notice from this Forum he failed to appear before this Forum hence this Forum declared exparty against opposite party.  The case is posted for exparty evidence and the complainant who is examined as PW1 in this case.  Through the PW1 Ext. A1 and A2 are also marked.  Ext. A1 is the copy of the R.C Book of Hero Honda Bike bearing registration No. KL-03/M-963 dated: 19/05/2005.  Ext. A2 is the copy of the vehicle sale bill dated: 14/05/2012.  Since the opposite party is declared exparty the evidence adduced by the complaint as PW1 is unchallengeable as far as this case is concerned.  After the closure of evidence we heard the complainant. 
4. On the basis of the evidence adduced by the complainant we framed the following issues:

1. Whether the complaint can be allowable?
2. Regarding relief and cost?

5. Point No1 &2 :- For the sake of convenience we would like to consider the Point No.1 and 2 together.  As discussed earlier PW1 he who filed a proof affidavit in lieu of his chief examination and it proves that on 14/05/2012  the complainant exchanged his Hero Honda Motor Cycle for an amount of                 Rs. 22,500/- to the opposite party and he paid an additional amount of                     Rs. 26,582/- to the opposite party for the purchase of the ‘Passion Pro Motor Bike’ bearing registration No.  KL-62-6668.  It is also deposed that the opposite party received the necessary records for the change of ownership and insurance policy in the name of the new purchaser and the opposite party further assured the intimation of the details of the transfer to the complainant within 15 days.  It is also deposed that the PW1 is the 2^nd opposite party in a Motor accident case before the Pathanamthitta Motor Accident Claim Tribunal in OPMV 643/17.  It is to be noted since the opposite party is exparty in this case the evidence adduced by the complainant is unchallengeable as discussed earlier.  Ext. A1 and A2 document shows that PW1 was in possession of Hero Honda Motor Cycle bearing Reg. No. KL-03/M-963 and Ext. A2 shows that he purchased new Passion Pro Motor Cycle for an amount of Rs. 49,082/-.  It is to be noted that when we are look into the Ext.A2 it is revealed that a Motor Cycle for an amount of Rs. 49,082/- is sold to the complainant. But at the same time when we relying the proof affidavit (chief examination) of the complainant it is to be understood that as an exchange offer he purchased the new Passion Motor Cycle from the complainant.  If so it is the duty of the opposite party to effect the transfer of the Hero Honda Bike of the complainant within 15 days of its transfer.  Anyhow when we are relying the complaint and proof affidavit of the PW1 it is to be attributed that the opposite party sold the new Motor Bike on the basis of an exchange offer and at the time of the transfer the opposite party assured the transfer of the ownership as well as the transfer of the insurance policy in the name of the new purchaser.  The issuance of notice with regard to OPMV 643/17 of Pathanamthitta Motor Claim Tribunal it is revealed that the name of the former Hero Honda Bike is still in the name of PW1.  At this stage in the absence of opposite parties evidence there is nothing to disbelieve the oral evidence as well as evidence on documents adduced by the complainant. Anyhow we are find that the complainant has failed to adduce any evidence to see that what kind of loss he sustained or going to be sustained as a result of the claim tribunal case.  The stage of the case or the relief claimed in that case are also not revealed before this Forum.  It is to be attributed that due to the deficiency in service of the opposite party in transferring the ownership of the Hero Honda Bike to the complainant it happened to involved him as the 2^nd opposite party in an accident claim discussed above.  Therefore we find that the complaint is allowable in part and Point No.1 and 2 are found accordingly. 

  6.  In the results, we pass following orders. 

(1)  The opposite party is here by directed to pay a compensation of

      Rs 1,00,000/- (Rupees One Lakhs only) and a cost of Rs. 3,000/- 

      (Rupees Three Thousand only) to the complainant with 10% interest

      from the date of receipt of this order onwards.

 Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 30^th day of November, 2017.

                                                                                              (Sd/-)

                                                                   P. Satheesh Chandran Nair,                                                                                                                                                                                                                                              

                                                                                         (President)

Smt. Sheela Jacob (Member)               :   (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1  :  V.P. Abdul Kareem   

Exhibits marked on the side of the complainant:

A1 : Copy of the R.C Book of Hero Honda Bike bearing registration No. KL-03/M-

       963 dated: 19/05/2005. 

A2 : Copy of the vehicle exchange bearing dated: 14/05/2012.

Witness examined on the side of the opposite parties: Nil.

Exhibits marked on the side of the opposite parties: Nil.

                                                                                               (By Order)

Copy to:- (1) V.P. Abdul Kareem,

                     Viruthikattil,

                     Pezhumpara, Vadasserikkara.

2. The Manager,

           Priyanka Motors, College Road,

           St. Stephen Building,

           Pathanamthitta.

3. The Stock File.