M.THANIKACHALAM, J. - (1.) The opposite parties are the appellants.
(2.) Deficiency alleged as follows claiming compensation: In the auction conducted by the opposite parties on 19.09.2002, the complainant purchased the vehicle, bearing Registration No.TN-28-J-1950 a two wheeler for a sum of Rs.28,280/-. As per the sale, the first opposite party has to deliver the RC Book, possession receipt and transfer certificate, which they failed to deliver despite repeated requests. For want of RC Book, the complainant was unable to run the vehicle, thereby causing mental agony and suffering, for which, the opposite parties liable to pay a compensation of Rs.2 lakhs. In spite of legal notice, since deficiency was not rectified, the complainant is constrained to file the case, for compensation for non-delivery of the RC Book as well seeking a direction, to deliver the RC Book for the vehicle purchased in the auction.
(3.) The opposite parties, admitting the purchase of the vehicle by the complainant, as well as admitting their liability to deliver the RC Book and other connected documents, resisted the complaint, inter alia, contending that after the delivery of the vehicle to the complainant, they came to know about the difference in the Engine Number, as well as Chassis Number, from the numbers found in the original RC Book, which had occurred by the mistake committed by the Registering Authority of Transport, that after coming to know the defects, they have taken steps to cure the same, which cannot be termed as deficiency on the part of the opposite parties, but the same must be due to the Registration authority, for which, they cannot be held responsible, thereby praying for the dismissal of the complaint.;