INDIAN FARMERS FERTILIZER CO-OPERATIVE LTD Vs. JITENDRA KUMAR

JUDGEMENT

(1.) THIS appeal has been preferred against judgment dated 22.12.2009 passed by the District Forum, Jaipur Ilnd by which the District Forum has accepted the complaint of the respondent and has ordered the appellants to refund Rs. 96,720 and 12% p.a. interest from 24.7.2006 and Rs.20,000 as compensation for mental agony, has also awarded Rs.2,000 as costs.

(2.) IN this matter the respondent's father Ashok Kumar bought a Gypsy No. RJ 13C 4653 in auction sale from the appellants on 24.7.2006. When the buyer applied for registration of this vehicle to the registration authority, Sriganganagar where this vehicle had originally been registered, the said authority raised a demand of Rs.2,41,288 as tax and penality due against this vehicle. The father of the respondent requested the appellants to give him the tax clearance certificate and get the vehicle registered in his name but they failed to do so.

(3.) THE appellants have challanged the judgment of the learned District Forum on the ground that there was no privity of contract between the appellants and the respondent. They have submitted that respondent has not submitted any succession certificate. They have also argued that this dispute is between the Transport Authority, Sriganganagar and they are the necessary party.