ASSTT. ENGINEER DISPOSAL, SUB DIVN, I, INDIRA GANDHI NAHAR PARIYOJANA, SURATGARH vs RADHEY SHAYAM JAIN

THIS appeal has been filed by the Assistant Engineer, Disposal, Indira Gandhi Nahar Pariyojana, Suratgarh and the Executive Engineer, Central Store of the said Project against the order of the District Forum, Sriganganagar dated 31.3.1992 awarding a sum of Rs. 1,000/- as compensation to the respondent and further an amount of Rs. 100/- which was paid by the complainant to the R.T.O as penalty and Rs. 300/- as costs.

FACTS leading to the filing of the complaint are that on 9.1.1992 the complainant-respondent filed a complaint before the District Forum, Sriganganagar alleging that 2 Jeeps were auctioned by the appellants on 16.7.91 and were purchased by the complainant-respondent in public aution. The number of the two Jeep were RJF 4522 and RJF 4523. After the auction, the appellants have given to the respondent the registration certificate of Jeep No. RJF 4523 but not that of Jeep No. RJF 4522. The respondent requested the appellant to give him the registration certificate of Jeep No. RJF 4522. But no heed was paid to his request. It was alleged that on account of the non-giving of the registration certificate of the said Jeep the respondent could not driven and sustained a loss of Rs. 250/- per day. He therefore claimed compensation @ Rs. 25/- per day and for the amount of damages. It appears that the notice of the complaint was issued by the District Forum to the appellants but they did not appear despite service of notice and ex-parte proceedings were taken against them. After perusing the documentary evidence produced by the complainant and the affidavit filed by him, the District Forum held that it was necessary for the appellants to give the registration certificate of Jeep No. RJF 4522 to the respondent. However they came to the conclusion since the Jeep had been purchased by the respondent for commercial use, the District Forum could not award compensation of Rs. 250/- per day in respect of the loss suffered by the respondent. The District Forum however awarded compensation of Rs. 1,000/- on account of the expenses which the complainant incurred in coming to Bikaner for obtaining the registration certificate. An amount of Rs. 100/- with respect to the penalty paid by the complainant to the R.T.O. office and Rs. 300/- as costs. Aggrieved by this order the Assistant Engineer and the Executive Engineer filed this appeal before the State Commission. There was appearance on behalf of the appellants before the State Commission on 17.11.92, 22.1.93, 23.4.93 and 24.8.93. However today the appellants or their Counsel did not appear. I have gone through the order of the District Forum and also the documentary evidence adduced by the parties. From the documents produced it is quite clear that the two Jeeps were purchased by the complainant by public auction and the appellants did not give to the complainant registration certificate of Jeep No. RJF 4522 on demand. The respondent had to incur the expenditure for coming to Bikaner in order to obtain the registration certificate from the appellants. The District Forum rightly awarded, the compensation to the respondent. Thnis appeal has no merit and it is hereby dismissed. Appeal dismissed.