Haryana

Kurukshetra

CC/200/2019

Ramesh Kumar - Complainant(s)

Versus

Arsh Automobile - Opp.Party(s)

Jai Pal Singh

24 Jan 2020

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

 

Consumer Complaint No.200 of 2019.

Date of instt.:24.05.2019.           

  Date of Decision:24.01.2020.

 

Ramesh Kumar s/o Shri Maya Ram, r/o village Sunderpur, Tehsil Thanesar, District Kurukshetra.

                                                                ……….Complainant.                                                Versus                    

 

1. M/s Arsh Automobile, KDB Road, near New Anaj Mandi, Kurukshetra through its Manager/Partner/Proprietor.
2. Honda Motorcycle & Scooter India Pvt. Ltd., Commercial Complex-II, Sector 49-50, Golf Course Extension Road, Gurugram (Haryana)-122018, through its Managing Director.

..………Opposite parties.

 

Complaint under Section 12 of the Consumer Protection Act.

 

Before       Smt. Neelam Kashyap, President.    

                   Ms. Neelam, Member.       

                   Shri Issam Singh Sagwal, Member.                                             

Present:     Shri Jaipal Singh, Advocate, counsel for the complainant.

Opposite Parties ex-parte.

 

ORDER

                                                                         

                    This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Ramesh Kumar against M/s Arsh Automobile and other, the opposite parties.

2.             The brief facts of the complaint are that the complainant has purchased one Scooter Activa 5G (Standard) having Engine No.JF50E87243006 and Frame No.ME4JF50AAK8242944 from the OP No.1 on 12.4.2019 and paid a sum of Rs.16,000/- in cash and remaining amount of Rs.50,000/- was got financed from IndusInd Bank. The said vehicle was delivered by the OP No.1 vide Delivery Challan No.17046 dated 12.4.2019 and except this delivery Challan, no document was supplied to the complainant. That the OPs have received the copies of Adhaar Card, PAN Card, Bank Passbook and 2 Passport size photographs and 4 original cheques as well as the amount of Rs.66,000/- through him in the presence of his friend namely Sanjeev Kumar in respect of said vehicle stating that:-

S.No.	Nature of amount	Amount
1	Vehicle Price	54,070/-
2	Registration Charges	4,250/-
3	Insurance Charges (full insurance for 5 years)	5,000/-
4	Accessories	2,680/-
	Total amount	60,000/-

 

                That at the time of delivery of said vehicle, the OP No.1 has not supplied any type of bill, insurance cover note, temporary number and other documents/receipts. The accessories i.e. mirror set, first aid kit, white colour helmet have also not supplied to him. The OP No.1 had installed the inferior quality of accessories i.e. guard kit, seat cover, basket, mat floor etc. on the said vehicle. The OP No.1 had even not deposited the documents with the Registering Authority, Government of Haryana for registration of said vehicle so far. That the delivery Challan was valid only for 30 days i.e. upto 11.5.2019 and thereafter, the vehicle cannot be driven on the road without registration number and registration certificate. Late fee is being levied on the complainant for registration of the vehicle. Even the insurance policy has also not been supplied by the Op No.1 to him and without which it is very difficult for him to ply the vehicle on the road. The OP No.1 had already charged the amount for the accessories amount for full insurance policy for 5 years, registration charges etc. from him, but they have not provided the services to him. It is pertinent to mention here that previously also, the OPs have committed such type of deficiency in services and cheated him when he purchased similar vehicle from the OP No.1 on 012.10.2014 and then he has got served legal notice to the OPs on 22.12.2014 and then the OP No.1 has felt sorry and assured to deal in fair manner and requested not to take any legal action against them, but the above said facts prove that the OP No.1 has not mend its behavior. The said act of the OPs amounts to deficiency in services. Hence, this complaint.

3.             Upon notice, initially, the OPs appeared through counsel and on 07.11.2019, when the case was fixed for filing written statement by the OPs, on that date, none appeared on their behalf and as such, they opted to be proceeded against ex-parte vide order dated 07.11.2019.

4.             The learned counsel for the complainant tendered affidavits Ex.CW1/A, Ex.CW1/B alongwith documents Ex.C1 to Ex.C7.

5.             We have heard the learned counsel for the complainant and have perused the case file carefully.

6.             The learned counsel for the complainant has reiterated all the averments mentioned in the complaint. He argued that the complainant purchased one Scooter Activa from the OP No.1 on 12.04.2019 and paid a sum of Rs.16,000/- in cash and remaining amount of Rs.50,000/- was got financed from IndusInd Bank vide Delivery Challan No.17046 dated 12.4.2019 and except this delivery Challan, the OP No.1 has not supplied any type of bill, insurance cover note, temporary number and other documents/receipts. The accessories i.e. mirror set, first aid kit, white colour helmet have also not supplied to him. Moreover, the OP No.1 had installed the inferior quality of accessories i.e. guard kit, seat cover, basket, mat floor etc. on the said vehicle. The delivery Challan was valid only for 30 days i.e. upto 11.5.2019 and thereafter, the vehicle cannot be driven on the road without registration number and registration certificate. Late fee is being levied on the complainant for registration of the vehicle. Even the insurance policy has also not been supplied by the OP No.1 to him and without which it is very difficult for him to ply the vehicle on the road. He further argued that previously also, the OP No.1 has committed such type of deficiency in services and harassed him when he purchased similar vehicle from the OP No.1. The said act of the OP No.1 amounts to great deficiency in services.

7.             Admittedly, the complainant purchased the Scooter Activa in question from the OP No.1 vide delivery Challan No.17046 dated 12.04.2019 Ex.C-1. However, it is pertinent to mention here that in his evidence, the complainant has filed his fresh affidavit dated 23.01.2020 as Ex.CW-1/B. From the perusal of contents of said affidavit, it is clear that now the grievance of the complainant is that the OP No.1 was legally bound to provide the RC of the vehicle within 30 days and the complete bills of the vehicle, the insurance as well as accessories to him on the same day of the purchasing the said vehicle, but he provided the same after 60 days from the purchase of vehicle in question. However, the OP No.1 resolved the grievance of the complainant, after filing of the present complaint by the complainant, therefore, the OP No.1 is deficient in providing the services to the complainant.

8.             The complainant further contended that previously also, the OPs have committed such type of deficiency in services and harassed him when he purchased similar vehicle from the OP No.1 on 012.10.2014, then the complainant has got served legal notice to the OPs on 22.12.2014 Ex.C-2 and then the OP No.1 has felt sorry and assured to deal in fair manner, but he did not so.

                So, from the above contentions, it is clear that the OP No.1 has harassed the complainant in year 2014 and thereafter he has not mended its behavior and repeated the same now again. Moreover, in the present complaint, initially, both the OPs appeared through counsel and availed several opportunities to file the written statement, but did not file the same and on 07.11.2019, when the case was fixed for filing written statement by the OPs, on that date, none of the OPs appeared before this Forum and as such, they were opted to be proceeded against ex-parte on that date. So, from the above, it is apparent that the act & conduct of the OP No.1 was not good from the very beginning and as such, the OP No.1 committed an act of unfair trade practice and is deficient in providing the services to the complainant time and again. As such, certainly the complainant is entitled to get compensation on account of mental agony and physical harassment suffered by him twice. Since there are no specific allegations against the OP No.2 and even it has no role to play in the dispute in question, therefore, complaint qua OP No.2 is liable to be dismissed.

9.             In view of the aforesaid discussion, we hereby dismiss the present complaint against the OP No.2 and allow the same partly against the OP No.1. We direct the OP No.1 to pay Rs.50,000/- as compensation on account of mental agony and physical harassment suffered by the complainant twice alongwith Rs.5,000/- as litigation expenses, to the complainant. The OP No.1 is further directed to comply with the aforesaid directions within the period of 15 days positively from the date of preparation of certified copy of this order, failing which, the awarded amount shall carry interest @ 9% per annum from the date of order till actual payment and the complainant will be at liberty to initiate proceedings under Section 25/27 of the Act against the OP No.1. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the record-room, after due compliance.

Announced in open Forum:

Dt.:24.1.2020. 

                                                                        (Neelam Kashyap)

                                                                        President.

(Neelam)           (Issam Singh Sagwal)     

                Member             Member