Haryana

Ambala

CC/10/2021

L/NK Sahil Mulani - Complainant(s)

Versus

Auto World Honda Motor Cycle & Scooter India Pvt Ltd - Opp.Party(s)

Pardeep Batra

27 Sep 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                          Complaint case no.         :     10 of 2021

                                                          Date of Institution           :     07.01.2021

                                                          Date of decision    :     27.09.2022.

 L/NK Sahil Mulani No.15795554, 145 LTAAD, REG(SP) C/O 56-APO, Pin-926145 Ambala Cantt.                                                                                                                                                 

                         ……. Complainant

                                        Versus

Auto World, Honda Motor Cycle & Scooter India Pvt. Ltd. 116-B, Jawahar Lal Nehru Mark, Opposite Capital Cinema, Ambala Cantt (Haryana).

                                                                                  ….….Opposite Party

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member.            

Shri Vinod Kumar Sharma, Member.

 

Present:       Shri Pardeep Batra, Advocate, counsel for the complainant.

                   Shri Bhupinder Singh, Advocate, counsel for the OP.

         

Order:        Smt. Neena Sandhu, President.

1.                Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

(i) To pay Rs.1,00,000/- as compensation to the complainant

(ii) To supply the registration certificate of the Activa to the complainant or in alternate to pay the registration fee along with penalty amount to be deposited in the office of the registration authorities. 

2.             Brief facts of the case are that the complainant is serving in defence forces and is posted at Ambala Cantt. On 21.02.2020, he purchased Activa 5-G, vide booking No.VEHBK-HR-01001-1-1-1920-04514 having Chassis No.ME-4JF-50BMKD-0561, Engine No.JF-50-ED-1056194, from the OP through Army Canteen, on making full and final payment. The OP charged the expenses of registration certificate etc. and also obtained all necessary documents from the complainant for getting registration of the vehicle, within a period of 15 to 20 days. Thereafter, complainant visited the showroom of the OP after twenty days of the delivery of the vehicle but its Manager assured that he (complainant) will get registration certificate directly through postal service or courier. In the meantime lockdown was declared in the whole country on 22.03.2020 and the complainant went to Maharashtra for enjoying vacations. After the expiry of lockdown period the complainant came back to Ambala Cantt and visited the showroom of the OP and demanded the registration certificate of the vehicle but to no avail. The complainant approached the OP through every possible means in the matter but the OP failed to get the registration of the vehicle in question. Ultimately, in the month of November 2020, the OP told the complainant that due to inordinate delay the registration of the vehicle could not be done. Without registration certificate, the complainant is unable to ply the said vehicle on road. The complainant has filed a complaint to "CONSUMER SAMASYA" and deposited Rs.1150/- online as a registration fees, it was advised to the complainant to seek the remedy of District Consumer Redressal Commission Ambala. Hence, the complainant filed the present complaint.
3.           Upon notice, OP appeared and filed written version and raised preliminary objections with regard to not come with clean hands and suppressed the material facts etc. On merits, while admitting the factual matrix of the case with regard to sale of the vehicle in question to the complainant as per details given in the consumer complaint, it has been stated that the OP neither charged any amount for registration certificate nor any papers for registration of the vehicle were filled by the complainant nor any such assurance was ever given by the OP. The complainant took all the papers for registration of his vehicle and told the OP that since he is in Defence Service, he will manage the registration of his vehicle at his own level. The complainant after purchasing the vehicle went to Maharashtra and thereafter, he did not come to the office of the OP. This fact has been admitted by the complainant. There is no fault on the part of the OP in any manner. Rest of the averments of the complainant were denied by the OP and prayed for dismissal of the present complaint with costs.
4.           Complainant tendered his affidavit as Annexure CA alongwith documents as Annexure C-1 to C-8 and closed the evidence of the complainant. On the other hand, learned counsel for the OP tendered affidavit of Shri Saurav Gandhi, Prop. M/s Auto Worlds, 116-B, Jawaharlal Nehru Market, Ambala Cantt. as Annexure OP/A and closed the evidence on behalf of OP.
5.           We have heard the learned counsel for the parties and carefully gone through the case file.
6.           Learned counsel for the complainant submitted that by not getting the vehicle in question registered in the name of the complainant, despite the fact that charges in respect of the same were received by the OP, it was deficient in providing service. 
7.           On the contrary, the learned counsel for the OP submitted that since the complainant failed to place on record any document to prove that the OP was responsible for getting registration of the vehicle in question, in his favour, as such, bald assertions taken by him in that regard is not sustainable in the eyes of law and that it was the complainant who was negligent in getting his vehicle registered from the registering authority concerned.
8.           Since the purchase of the vehicle in question by the complainant from the OP is not in dispute, as such, the only question which falls for consideration is, as to whether, the OP was responsible for getting registration of the vehicle in question or not?  It may be stated here that not even a single document/evidence has been placed on record by the complainant to prove that he has paid any amount to the OP for getting registration of the vehicle in question. Even this much has not been proved by the complainant by placing on record any cogent and convincing evidence that the OP had agreed and was responsible for getting registration of the vehicle in question in favour of the complainant. Thus, in the absence of any evidence, the mere allegations levelled by the complainant to the effect that he had paid any amount to the OP for registration of the vehicle in question or that the OP was responsible in getting the registration done in his favour, are not sustainable in the eyes of law.  It is therefore held that the OP in no manner can be held to be deficient in providing service.
9.           For the reasons recorded above, it is held that since the complainant has failed to prove his case, as such, this complaint stands dismissed, with no order as to costs. Certified copies of the order be sent to the parties concerned as per rules.  File be annexed and consigned to the record room.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        

Announced on: 27.09.2022.

 

          (Vinod Kumar Sharma)  (Ruby Sharma)               (Neena Sandhu)

              Member                         Member                       President