Judgment:
P. Ramakrishnam Raju, Member:
1. The unsuccessful complainant in C.D. No. 805/99 on the file of District Forum, Nellore is the appellant.
2. The complainant being a Principal and Correspondent of an Educational Society at Nellore purchased Omni bus bearing Registration No. AP-13/TR 1286 in June, 1997 from the first respondent through the second respondent and paid Rs. 60,000/- out of sale consideration of Rs. 85,000/-. As the documents were not delivered, this complaint was filed.
3. The District Forum felt that since the complainant did not pay the balance of Rs. 25,000/- the opposite parties are not bound to deliver the documents. It accordingly dismissed the complaint. Hence the appeal.
4. Ex. A-1 is the letter executed by the first respondent authorising the second respondent to sell the vehicle and the latter issued Ex. A-2 letter stating that he sold the vehicle to the complainant for Rs. 85,000/- and received a sum of Rs. 60,000/- and that he will hand over the records whenever necessary. Exs. A-3 and A-4 are the notice issued by the complainant and reply thereon. From this material it is clear that it is the complainant that failed to pay the balance of Rs. 25,000/- and therefore the District Forum rightly felt that there is no deficiency in service on the part of the opposite parties in not delivering the records. Hence we do not find any ground to interfere with the order of the District Forum.
The appeal, therefore, fails and is accordingly dismissed.
Appeal dismissed.