K S MURUGAIYAN Vs. S R SELVARAJ

JUDGEMENT

(1.) the complainant's case is follows : The complainant purchased a Matador van from the 1st opposite party on 22.5.1998 for a sum of Rs.44,000/-. The complainant received only the R. C. book. He did not receive the other documents such as loan clearance certificate, insurance, name transfer form and also did not receive the spare parts and the stepny, jakky, etc. According to the agreement, he has to hand over the same and receive the balance of Rs.8,000/- on 10.6.1998. But the 1st opposite party failed to hand over the other documents or the spare parts, jakky as undertaken by him. The complainant also understood that the 1st opposite party was trying to encash the cheque given by him. The 1st opposite party left Thanjavur without informing the complainant about his whereabouts. Later, learning about his address, the complainant sent notice calling upon the opposite party to receive the balance of Rs.8,000/- and hand over all the documents. Thereafter, through the Consumer Protection Council he approached and receive the documents. But, as the documents were not renewed within the period, the complainant could not ply the van. On account of the act of the opposite party the complainant has lost the use of the van and also lost a sum of Rs.10,000/- per month which he would have earned easily by plying the van. Further, he has been put to lot of mental strain and agony. Therefore, the complainant has made a claim in a sum of Rs.1,96,000/- apart from a sum of Rs.1,00,000/- as compensation.

(2.) The opposite parties contended that the complainant is not a consumer. The complainant wants to enforce an agreement. The remedy is available only before the Civil Forum. The van is being used by the complainant for the purpose of private school run by him. Hence, the complaint is not maintainable. The complainant ought to have taken steps to obtain the signature of the opposite party in transfer order form. The complainant has not paid the sum of Rs.8,000/-. There is no deficiency in service.

(3.) The Lower Forum dismissed the complaint. Aggrieved by the same, the present appeal is filed.