M.THANIKACHALAM J. - (1.) Aggrieved by the order of the District Forum in O.P.215/2005 on the file of the District Consumer Disputes Redressal Forum, Coimbatore, wherein, a direction has been given to the opposite party to pay a sum of Rs.10,000/- as compensation with cost, an appeal is preferred by the opposite party.
(2.) The respondent/complainant, by availing a loan from M/s.Centurion Bank, purchased a two wheeler from the opposite party on 24.09.2003, paying a total sum of Rs.40,725/-. The opposite party, in addition to the above said amount, assuring to pay Road Tax, Insurance Amount, had collected a sum of Rs.4000/-and thereafter, the vehicle was registered, giving Registration No.TN-39-X-2758. The financier insisted the documents, relating to the vehicle, including the insurance and despite repeated requests and approaching in person, the opposite party failed to give the insurance policy, though 19 months had lapsed, thereby making it impossible for the complainant, to renew the policy in time. The conduct of the opposite party should be construed, not only as negligent, but also construed as deficiency, which caused mental agony, for which, the complainant is entitled to a sum of Rs.25,000/- as compensation.
(3.) The opposite party admitting the purchase of the vehicle from them by the complainant, would contend that though they are responsible to register the vehicle and to obtain registered certificate, they never assured that they will pay the insurance amount, and never approached before 19.5.2005 also, claiming policy, that the claim is barred by limitation, that despite there is no duty cast upon, duplicate copy of the policy was obtained and handed over and therefore, the opposite party had not committed any deficiency, they are not liable to pay any compensation.;