1. Shahid Javed has filed the complaint contending that he, on 26-01-10 purchased motorcycle Honda CD-70 after making payment of Rs.44,500/- and obtained some documents and receipt. At that time respondent promised to give after some days the original transfer letter and genuine key etc., but respondent has not provided the above said items uptill now. Whereas the complainant is unable to get the motorcycle transferred in him name. It was prayed that respondent may be directed to hand over to the complainant original transfer deed, genuine key, report of rescue 15 etc., of the motorcycle in question to the complainant.
2. Respondent did not appeare inspite of due service, therefore, they were proceeded exparte.
3. Complainant appeared as PW1, Muhammad Asif Ali as PW2 and Muhammad Yousaf as PW3 in the exparte evidence and all PWs repeated the contention as mentioned in the plaint. He produced on record a sale receipt.
4. I have gone through the record and heard the arguments.
5. It is claimed that complainant purchased motorcycle in question form the respondent No.1&2. It is no where mentioned either in the complaint or in the statement of PW1, that respondent No.1 Sallah-o-Din or respondent No.2 Shafiq Chugtai from whom the motorcycle in question was purchased by the complainant are the real owners of the motorcycle or they are attorney empowered by the real owner to sale the motorcycle in question. Complainant has not explained in the plaint as to which kind of papers he has obtained from the respondents. From the contents of the complaint and statement of the complainant, it is not ascertainable as to who is the real owner of motorcycle in question and as to whether he has authorized respondent No.1&2 for the sale of his motorcycle. Such real owner has not been impleaded as a party by the complainant for the reason best known to him. Sale receipt exhibit "PA" does not show that who has issued the same. On the lift side of the same there is a signature of one Muhammad Yousaf as a witness whereas at the right side name of Jamshad Ali is mentioned who has obtained possession of motorcycle in question.
6. From the plaint as well as evidence it is not clear who is the owner of the motorcycle in question and as to whether the said owner has sold this motorcycle to the complainant. The Consumer forum has no jurisdiction to pass any such direction even to the real owner to fulfill his promise of handing over the document of ownership although to the real purchaser. The complainant should have approached the Civil Court and sought the declaration or should file suit for declaration what so ever. The plaint is therefore returned. File be consigned to record room after its due completion.