Punjab

Fatehgarh Sahib

CC/107/2021

Surinder Kaur - Complainant(s)

Versus

Akal Autos & Other - Opp.Party(s)

Sh Mohit Vashishat

22 Jun 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL

                            COMMISSION

                      FATEHGARH SAHIB.

                                                             

Consumer  Complaint No.	:	CC/107 of 2021
Date of Institution	:	02.11.2021
Date of Decision	:	22.6.2023

 

Surinder Kaur w/o Bhan Singh R/o  House no.366,Ward no.10, Samrala, District Ludhiana,141114.

                                                                                                                    …………....Complainant

 

                                        Versus

1. Akal Autos , Rara Sahib Chowk, Main Road,Payal .
2. Hero Motor Agency near Khanna, Mandi Gobindgarh.

 

                                                                                                                                           …….......Opposite Parties

Complaint under Section 35 of Consumer Protection Act 2019

Quorum

Sh. S.K. Aggarwal, President

Ms. Shivani Bhargava, Member

Sh.Manjit Singh Bhinder, Member

 

Present:  Sh.Mohit Vashishat, counsel for complainant.

              Opposite parties Ex-Parte vide order dated 23.11.2022

 

 

   

The  complaint has been filed against the OPs (opposite parties)  under Section 35 of Consumer Protection Act-2019 alleging deficiency in service with the prayer for giving direction to  provide the papers of RC and Insurance, to pay  Rs.1,00,000/- on account of mental agony   and to pay Rs. Rs.10,000/- for litigation expenses .

1. Brief facts of complaint are  that the complainant’s son namely  Gurpreet Singh  purchased a  bike  HF DLX kick BS6 from OP1 on September 22 , 2020. As per the Policy , the vehicle has been insured on the same date for a period of two years. The complainant visited numerous times the OP1 for providing the RC and Insurance. But all went in vain.  Unfortunately on  October 3, 2020 , the son of the complainant namely Gurpreet Singh  was died. After his death ,  the employees of OPs1,2 harassed the complainant by visiting the home . The vehicle has been insured and if any claim  is due towards the complainant’s son then as per law , the insurance Company will be liable to  redress the same .  Even otherwise since the vehicle has been purchased , the OP1 has not provided any RC which is completely unlawful on the part of OPs.  Moreover till now neither papers related to RC nor Insurance papers has been provided to the complainant. Hence this complaint.
2. Notice of the complaint was given to the OPs through registered Post . OPs    did not come forward to contest the complaint and  were proceeded against Ex-Parte vide order  23.11.2021.
3. In support of her complaint  ,  Complainant  tendered in evidence her affidavit Ex.1, along with copies of documents i.e  Ex.C2 delivery receipt and closed her evidence.
4. Heard. Entire record has been perused.
5. From the perusal of the record , it  emerges out that complainant’ son Gurpreet Singh purchased a Motor  Cycle bearing Chasis no.MBLHAW144LHF   on 22.9.2020 vide Ex.C2.  Her son died in Oct. , 2020. Complainant alleged that OPs have not provided  RC and Insurance of said vehicle till date. The complainant filed her affidavit  in support of the averments made in the complaint as  Ex.C1. Ex-Parte evidence  adduced  by  the complainant in support of her complaint goes unrebutted & unopposed in the absence of OPs. It raised a reasonable presumption that OPs remained deficient in providing services to the complainant.
6. In the peculiar facts & circumstances of the complaint , the present complaint is  partly allowed. The OPs are severally and jointly directed as under:- 

[a] To provide the RC and insurance of said vehicle in the name of complainant , if any fees with respect to RC/insurance is payable the same shall be paid by the complainant.

[b] The OPs are also directed to pay a sum of Rs.10,000/- as compensation for harassment & litigation

Compliance of the order be made by the OPs no.1 and 2 within 30 days from the date of receipt of certified copy of this order. Failing which the complainant shall be entitled to recover the above said amount through legal process. The complaint could not be decided within the statutory period due to due to pandemic of Covid-19. Copy of this order be sent to the complainant and the OPs as per rules. File be consigned to record room.

Pronounced 22 June 2023

                                                 (S. K. Aggarwal)

                                                          President

                                                                    

    

                                                          (Shivani Bhargava)

                                                          Member

 

                                                      ( Manjit Singh Bhinder )

                                                                   Member