DEPUTY REGIONAL TRANSPORT OFFICER Vs. YESHWANT

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dated 9.7.2007 passed by the District JudgeII, Akola in Regular Civil Appeal No. 431 of 2000 whereby appeal of the present respondent was allowed and judgment & decree passed by the trial Court dismissing the suit was set aside.

(2.) Plaintiff (present respondent) filed RCS No. 829 of 1997 before the Civil Judge, SD, Akola claiming following reliefs :

(3.) Plaintiff was desirous to purchase MiniDoor threewheeler of Bajaj make and he approached District Industries Centre, Akola for loan on 11.2.1997. DIC recommended grant of loan to the tune of Rs. 1,44,875/ in favour of plaintiff. Vehicle was delivered to the plaintiff through Dealer Khandelwal Automobiles, Akola on 28.10.1997. Plaintiff then on 29.10.1997 approached Regional Transport Office. However, appellant/ defendant no. 1 refused to register the vehicle as a transport vehicle on the ground that plaintiff had approached after expiry of 180 days. According to plaintiff, he was not at all responsible for delay. He put the blame on District Industries Centre for delay. Even his fresh application was not accepted by the Regional Transport Office. He alleged that for want of registration of vehicle as a transport vehicle, he could not ply the vehicle for business purposes; vehicle was stationary and was even dashed by one truck due to which he sustained damages. He was required to pay instalment of Rs. 110/ per day and he loss income of Rs. 200/ per day from the vehicle. Plaintiff thus filed suit claiming the reliefs as stated above.