2. Notice of the complaint was given to the OP, who filed reply and contested the complaint by taking preliminary objections that the complaint filed by the complainant is false, frivolous and vexatious and is liable to be dismissed. It is further averred that the complainant has concealed the true and material facts from this Commission while filing the complaint. The present complaint has been filed by the complainant with a malafide intention to extract money from the OP. It is further averred that the complainant has given an incomplete address and a wrong mobile number while applying online on the website, the address of the complainant is also incomplete which caused the answering OP to not affix the number plate. The OP, on two occasions had tried to contact the complainant, but on both the occasions, it was declined as number incorrect. On merits, it is admitted that the complainant applied for high security number plate for his bike, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.
3. Rejoinder to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied the allegations raised in the written statement.
4. In order to prove their respective versions, both the parties have produced on the file their respective evidence.
5. We have heard the learned counsel for the respective parties and have also gone through the case file very minutely.
6. It is proved and admitted fact that the complainant applied for high security number plate for his bike and paid Rs.291.46, which is evident from Ex.C-2 i.e. Customer Invoice Copy. The complainant has alleged that after providing all the details to the OP, the OP failed to fit the same. The complainant sent email dated 19.01.2021 to the OP, in which the complainant gave his two contact numbers. In reply to this email, the OP demanded his invoice and the complainant sent the same to the OP, which is evident from Ex.C-3. Then again on 21.11.2020 the complainant sent an email to the OP, but to no effect, which is evident from Ex.C-4. Further, again on 26.12.2020, the complainant sent an email Ex.C-5, but all in vain and lastly the complainant filed the present complaint.
7. The contention of the OP is that while applying online high security number plate, the complainant gave incorrect mobile number and incomplete address and it had become difficult for the field team to the contact the complainant and reach his address for fitting the same. The OP on two occasions had tried to contact the complainant, but on both the occasions, it was declined as number incorrect. Copy of the system generated call record is Ex.R-1.
8. After considering the overall circumstances and the documents produced on record by the complainant, it is clear that the complainant gave his two phone numbers to the OP vide email Ex.C-3. In Ex.C-5 and Ex.C-6, the OP accepted his apologies for the delay and inconvenience. The OP has alleged in his written statement that the address is incomplete and the contact number of the complainant is wrong. If the OP had faced this type of problem, he should have demanded the complete address and correct contact number of the complainant through email or any other way. Even otherwise, as per Ex.C-3, contact number was given by the complaint 9815807364 whereas as per Ex.R-1 the call was made on 9815897364. Dialing wrong number is not the fault of the complainant. Correct given number was never dialed by OPs. This clearly shows the deficiency in service and unfair trade practice on the part of the OPs. Thus, the complainant is entitled for the relief.
9. In view of the above detailed discussion, the complaint of the complainant is partly allowed and the OP is directed to fit the security number plate on the bike of the complainant, if not done so far and OP is directed to pay Rs.5000/- as compensation to the complainant for causing mental tension and harassment. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
10. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Dr. Harveen Bhardwaj
27.10.2022 Member President
