IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday, the 30th day of January, 2016
Filed on 07..09..2015
Present
1) Smt. Elizabeth George (President)
2) Sri. Antony Xavier (Member)
3) Smt. Jasmine D (Member)
in
CC/No.263/2015
Between
Complainant:- Opposite party:-
Sri. Balakrishnan.S. Sri. Sharafudeen
Suresh Bhavanam Valikandathil Veedu
Choolatheruvu P.O. Eruva P.O., Pathiyoor Grama
Muthukulam North Panchayath, Alappuzha
Alappuzha – 690 506
O R D E R
SRI. ANTONY XAVIER (MEMBER)
The complainant’s case in short is as follows:-
The complainant had sold out his Auto Rickshaw bearingNo.KLA/E-261 on 14th July 2010 to the opposite party for an amount of Rs.15,000/-. At the time of so selling the said vehicle, the complainant had executed sufficient documents enabling the opposite party to transfer the vehicle to the opposite party’s name. Notwithstanding all these, the opposite party till date never made it a point to transfer the registration to the opposite party’s name. The complainant who is a daily wage earner a number of occasions risking his earning went to the opposite party to get him transfer the vehicle to the opposite party’s name. The complainant had to sustain a loss of Rs.8,000/- by paying tax against the material vehicle even after the same was sold out to the opposite party. On being aggrieved on this the complainant approached this Forum for compensation and relief.
2. Notwithstanding the notice being served the opposite party did not turn up to challenge the complainant’s case. Resultantly, the opposite party was set ex-parte.
3. The complainant’s evidence consists of the testimony of the complainant and the documents Exts.A1 to A4 were marked.
4. Holding the complainant’s contentions in view, the questions that crop up for consideration are:-
1) Whether the complainant sold out the vehicle to the opposite party?
2) Whether the complainant is entitled to get relief?
5. We perused the complaint and other materials brought on record by the complainant. The complainant’s specific case is that the complainant had sold out his vehicle to the opposite party. The complainant had executed all the documents that enable the opposite party to transfer the vehicle into opposite party’s favour. Yet, the opposite party, despite the complainant’s repeated requests held the vehicle in the complainant’s name which caused the complainant to remit taxes against the vehicle sold out to the opposite party. Bearing all these aspects in mind we went through the Exhibits marked by the complainant. The Exhibits A1 to A4 unmistakably evince the complainant’s case convincingly. As we have already observed the opposite party was reluctant to turn up before this Forum or contend the complainant’s probable case which has been more furthered by the proof affidavit and Exts.A1 toA4 documents. We have no hesitation to hold that the complainant’s case stands well substantiated. We need hardly say, the complainant is entitled to relief.
In the wakedrop of what have been elaborated supra, the opposite party is directed to transfer the material vehicle in the name of the opposite party within 2 weeks. The opposite party is further directed to pay an amount of Rs.1000/- (Rupees one thousand only) as compensation and Rs.1000/- (Rupees one thousand only) as cost to the complainant. The opposite party shall comply with the order of this Forum within 30 days from the date of receipt of this order.-
Pronounced in Open Forum on this the 30th day of January, 2016.
Sd/- Sri. Antony Xavier (Member)
Sd/- Smt. Elizabeth George (President)
Sd/- Smt. Jasmine D (Member)
APPENDIX
Evidence of the Complainant:
Ext. A1 - True copy of the certificate of registration
Ext.A2 - Memo dated 1.8.2015
Ext.A3 - Copy of sale agreement of the vehicle
Ext.A4 - Demand notice under section 7
Evidence of the opposite party:- Nil.
//True copy//
By Order
Senior Superintendent
To
Complainant/Opposite party/SF
Typed by: pr/-
Compared by:-
