JAYAPRAKASH V., S/O. NARAYANAN NAIR Vs. THE REGISTERING AUTHORITY, OFFICE OF THE REGIONAL TRANSPORT OFFICER,

JUDGEMENT

(1.) IN response to a paper notification inviting tenders for purchase of a vehicle, issued by the 4th respondent -M/s. Tata Finance Limited - -the petitioner had submitted his tender for purchase of a Tata Sumo vehicle for a sum of Rs. 1,61,000/ -. It had been accepted and the vehicle had been allotted to the petitioner. But delivery was not given to him, since the registration number allotted to the vehicle as KL -11/G.3767 had been declared as obtained by forgery, by the Chief Judicial Magistrate Court, Kozhikode. The application filed by the petitioner for registration of the vehicle in his favour, cancelling the original registration, was refused by the Motor Vehicles Inspector, Ottappalam for non -compliance of Rule 47 of the Central Motor Vehicles Rules, 1989. The application should have accompanied by an application for registration in Form No. 20, sale certificate in Form No. 21, valid insurance certificate, road worthiness certificate in Form No. 22 and a number of documents. The Sale Certificate produced by the petitioner showed the sale in favour of Sri. V.P. Abdul Azeez, S/o. Imbichi Mohammed, Kunnoth House, Villiappally.P.O., Vadakara. The Chassis number of the vehicle is, 385 013 KSQ 945671 and Engine number of, 483 DL 41 KSQ 8120137. The application was rejected by the Motor Vehicle Inspector, Ottappalam on the following reasons:

(2.) SRI . V.P. Abdul Azeez, showing his address as Vattamparakkal House, Chooramvayal.P.O., Kunnamangalam had approached the 4th respondent for getting hire purchase facility for purchase of one Tata Sum Delux vehicle and he had remitted the initial amount. The dealer of the vehicle is M/s. Sakthi Automobiles. A proforma invoice had been issued by the dealer in favour of M/s. Tata Finance on 26 -11 -1997. The dealer delivered the vehicle to Mr. Abdul Azeez. The invoice showed Tata Finance as the purchaser and Sr. Azeez as the hirer. A temporary registration certificate was given to Mr. Azeez by the registering authority. Thereafter, evidently Sri. Azeez had played foul and apparently using forged printed invoice he had got the vehicle registered in his address shown as Kunnoth House, Villiappally, Vadagara without entering the name of the hire purchaser. He obtained a registration for the vehicle from the Regional Transport Authority, Vadakara and got the vehicle registered as KL -11/G.3767.

(3.) IT appears that the crime registered ultimately was referred on the ground of mistake of facts and the proceedings had come to a close before the Chief Judicial Magistrate. We are not expected to go to such details, though a day light robbery has gone unnoticed. Thereafter, on 27 -09 -2001, on an application filed by M/s. Tata Finance, the Chief Judicial Magistrate had permitted the Tata Finance to sell the vehicle in question. It was on the above basis that the paper notification had come and the petitioner became remitted the money towards purchase price.