Order dictated by:
Sh.S.S.Panesar,President.
- Rajni Mahajan complainant has filed the present complaint under section 12 & 13 of the Consumer Protection Act on the allegations that complainant has purchased one EON Era + Bsiv Star Dust car from opposite party No.1 vide Invoice No. H424872908 dated 27.4.2016 having Chassis No. MALA251ALGM452035,Engine No. G3HAFM407528 for a valuable consideration of Rs. 3,71,648/- including VAT/LST 13.20% registration cover charges etc. Opposite party assured the complainant that they on their own get the registration cover of the vehicle issued and will hand over the same to the complainant within 30 days. But the opposite party has failed to the registration cover issued or hand over the same to the complainant despite repeated requests and demands made in this regard. The complainant visited the opposite party many a times, but to no avail. The complainant has sought for the following reliefs vide instant complaint :-
(a) Opposite party be directed to get issued and hand over the registration cover of the vehicle to the complainant ;
(b) Compensation to the tune of Rs. 1,00,000/- may also be awarded to the complainant.
(c ) Opposite party be also directed to ay litigation expenses to the tune of Rs. 20000/- to the complainant.
Hence, this complaint.
2. Opposite party did not opt to put in appearance despite service of notice, as such it was ordered to be proceeded against ex-parte.
3. In her bid to prove the case complainant tendered into ex-parte evidence her duly sworn affidavit Ex.C-1, copy of receipt dated 27.4.2016 Ex,C-2, copy of retail invoice dated 27.4.2016 Ex.C-3, copy of delivery challan dated 13.8.2016 Ex.C-4, copy of Aadhar card Ex.C-5 and closed her ex-parte evidence. Complainant also tendered into additional evidence copy of registration details Ex.C-6 and closed her additional evidence.
4. We have heard the complainant and have carefully gone through the record on the filed.
5. Complainant has filed the instant complaint on the basis of the fact that at the time of purchasing the vehicle EON Era + Bsiv Star Dust from opposite party vide Invoice No. H424872908 dated 27.4.2016 for a valuable consideration of Rs. 3,71,648/- including VAT/LST 13.20% registration cover charges etc., it was assured by the opposite party to the complainant that the opposite party on its own shall get issued registration cover of the vehicle and will hand over the same to the complainant within 30 days . But, however, the opposite party has failed to supply the registration certificate to the complainant despite making numerous efforts by the complainant. The complainant has made into witness box as her own witness and filed duly sworn affidavit Ex.C-1 in support of the allegations made in the complaint. The complainant has also produced copy of invoice Ex.C-6 to impress upon this court that an amount of Rs. 27,105/- was paid by the complainant towards registration charges to the opposite party besides the sale price of the vehicle. But even then the opposite party has failed to supply the registration certificate of the vehicle in dispute to the complainant. The evidence adduced by the complainant has gone unrebutted on record as the opposite party, despite due service did not opt to appear and contest the present complaint. As a matter of fact by non appearance, after due service, opposite party impliedly admitted the claim of the complainant as set out in the complaint. As such we hold that opposite party was deficient in service when it failed to provide registration certificate to the complainant within 30 days of the receipt of the sale amount as well as registration charges from the complainant. Consequently, we direct the opposite party to supply the registration certificate (duly issued from District Transport Officer, Amritsar) to the complainant within 30 days of the receipt of copy of this order. For deficiency in service, opposite party is directed to pay an amount of Rs. 3000/- (Rs. Three Thousand only) as compensation besides Rs. 2000/- (Rs. Two thousand only) as litigation expenses to the complainant and the complaint stands allowed ex-parte. If the compliance of the order is not made within stipulated period, the awarded amount shall carry interest @ 6% p.a. from the date of filing of the complaint until full and final recovery and the complainant shall also be entitled to get the order executed through the indulgence of this Forum. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
Dated: 2.11.2016.
