JUDGEMENT
P.RAMAKRISHNAM RAJU,MEMBER -
(1.) THE unsuccessful complainant in
C.D. No. 805/99 on the file of District Forum, Nellore is the appellant.
(2.) THE complainant being a Principal and Correspondent of an Educational Society at Nellore purchased Omni bus bearing Registration
No. AP -13/TR 1286 in June, 1997 from the first respondent through the
second respondent and paid Rs. 60,000/ - out of sale consideration of Rs.
85,000/ -. As the documents were not delivered, this complaint was filed.
(3.) THE District Forum felt that since the complainant did not pay the balance of Rs. 25,000/ - the opposite parties are not bound to deliver
the documents. It accordingly dismissed the complaint. Hence the appeal.
Ex. A -1 is the letter executed by the first respondent authorising the second respondent to sell the vehicle and the latter
issued Ex. A -2 letter stating that he sold the vehicle to the complainant
for Rs. 85,000/ - and received a sum of Rs. 60,000/ - and that he will hand
over the records whenever necessary. Exs. A -3 and A -4 are the notice
issued by the complainant and reply thereon. From this material it is
clear that it is the complainant that failed to pay the balance of Rs.
25,000/ - and therefore the District Forum rightly felt that there is no deficiency in service on the part of the opposite parties in not
delivering the records. Hence we do not find any ground to interfere with
the order of the District Forum.
The appeal, therefore, fails and is accordingly dismissed.
Appeal dismissed. ;
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