Order No. 13   Dt. 12.07.2017

This complaint U/S. 12 of the Consumer Protection Act,1986 has been filed by the petitioner Swati Singh. According to the complainant she purchased a car Chevolet Beat from O.P. 1 Ayesha Motors at Malda for the purpose of travelling her husband Sudarshan Singha who happens to be a reputed homeopathic practitioner at Malda at the price of Rs.573232/- and the said vehicle was handed over to the complainant from the establishment of O.P. No.1 at Malda.   At the time of the said delivery of the vehicle the relevant document including insurance of the vehicle was not handed over to the complainant. Neither the O.P. No.1 register the car from the RTA. For want of documents and insurance policy the complainant could not ply the vehicle on road and the very purpose of purchasing the vehicle become frustrated. On repeated request the O.P. No.1 did not hand over the documents or took any initiative to got registration of the said vehicle. Then the complainant sent a legal notice through her Ld.Advocate on 22.08.2016 to O.P. Nos 1 to 3 in their proper addresses asking them to hand over the required documents and to make arrangement for registration of the vehicle within a fortnight. In spite of the said legal notice the opposite parties did not take any step. As a result, the complainant came before the Forum by a written complainant u/s 12 of C.P. Act, 1986 with a prayer to get back the purchase price of the vehicle on return along with interest @ 18% p.a. along with incidental relieves.

The opposite parties were sent notice asking them to appear and to file written version towards the written complaint. The opposite parties in spite of receiving notice did not contest the case and could not challenge the case of the petitioner.  At last the Forum placed the case for ex parte hearing.

The complainant Swati Singha submitted the affidavit-in-chief and the said affidavit-in-chief was duly tendered on oath. The relevant documents were furnished on the part of the complainant.

After consulting the money receipt and delivery challan it is transpired that the showroom price of the said vehicle was settled at Rs. 573232/-. The cash memo dt. 11.03.2015, 06.01.2015 and 28.11.2014 total Rs. 573000/- was realized by Ayesha Motors from the complainant till the date of delivery of the car.

It is transpired from the other documents produced by the complainants that the Ayesha Motors (O.P. No.1) has furnished a quotation to the complainant for cost of registration Rs.44559/- and Insurance Rs.14640/- but that amount for getting registration and insurance coverage of the vehicle was not paid by the complainant as there is no money receipt to this score on the part of the complainant.

Therefore, in our view we may observe that though the showroom price of the vehicle was duly met by the complainant but the cost of registration and insurance was not duly paid and for that reason the vehicle could not be registered and insured.

On the other hand the opposite parties also had the duty to get registration of the vehicle and to make arrangement for insurance of that vehicle so that the vehicle could not remain idle to ply. The complainant in their original petition mentioned that for not getting the relevant documents she could not register the vehicle before the RTA and in consequence she was bound to garage the vehicle for ever without using it.

It is curious enough that the complainant did not specifically mention which document was relevant for the insurance and registration. The delivery challan and cash memo was handed over to the complainant at the time of handing over the vehicle to the complainant.

However, the complainant has suffered for not using the vehicle according to their choice and purpose of purchasing of the vehicle become frustrated and the opposite parties jointly and severally liable to compensate the complainant for the loss suffered by her. On the other hand, the petitioner/ claimant also had the duty to make payment for insurance and registration cost of the vehicle.

So in our view, it is desirable to ask the opposite parties to handover the relevant documents immediately to the claimant and make arrangement immediately for insurance and registration of the vehicle within a month, otherwise the opposite parties will be compelled to get return of the vehicle from the complainant and pay her back the price money of the vehicle with interest @ 18% p.a. from the date of delivery of the vehicle (19.03.2015).

In the result, the case succeeds in part.

            Proper fee paid               

           Hence,                            ordered

that the Consumer Case No. 59 /2016 be and the same is hereby allowed in part as ex parte against O.P. Nos. 1 to 3.  

           O.P. Nos. 1 to 3 is hereby asked to make arrangement for proper registration and insurance of the vehicle (subject matter) of the case within a month within a month without further realization of insurance cost and registration cost from the complainant.

           If O.P. Nos. 1 to 3 fails to comply the order mentioned above within the stipulated period shall refund the price money of the vehicle Rs. 573000/- along with interest @ 18% p.a. from 19.03.2015 and the opposite parties are further asked to make payment to the complainant Rs. 20000/- for harassment and litigation cost within a month from the date of order failing which 6% p.a. as interest shall be carried on over Rs. 20000/-

           If the opposite parties fail to comply the order, the complainant will be at liberty to put the decree into execution. 

           Let a copy of this order be given to the petitioner free of cost and to O.P. Nos. 1 to 3 by registered post with A.D.