DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 301/2017
D.No.__________________ Date: ________________
IN THE MATTER OF:
RANDHIR S/o SH. HAZARI LAL,
R/o G-856, JAHANGIR PURI, DELHI.… COMPLAINANT
Versus
M/s BHOLA AUTO DEALS,
S.H. 6/87, NEW MOTI NAGAR,
DELHI-110015. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 13.04.2017
Date of decision:08.02.2019
MS. USHA KHANNA, MEMBER
ORDER
1. The complainant has filed the present complaint against OP under Section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant is a consumer of OP in respect of the vehicle bearing registration no. DL-1RH-0298, Auto and the complainant got financed the vehicle from OP of Rs.1,00,000/- in the year-2013 and the complainant had to return it in 2 years of time and there was an installment of Rs.5,500/- for every month of 2 years. The
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complainant further alleged that the complainant was regularly paying the installments to OP except 5-6 installments which could not be deposited in time as the complainant was suffering from medical problems. However, later on the complainant deposited all the installments to OP. Thereafter depositing all installments the complainant approached to OP for NOC and other relevant documents relating with the vehicle and he came to shock when OP refused to give all the relevant papers to the complainant infact OP told the complainant that the complainant still has to pay Rs.80,000/- which is still pending and the complainant told OP that he has already deposited all the installments and now no dues is pending on his side but OP misbehaved with the complainant and also threatened to either pay the pending dues or face the dire consequences. The complainant further alleged that OP has been illegally demanding the dues from the complainant and the complainant accordingly alleged that there is deficiency in service and unfair trade practice on the part of OP.
2. On these allegations the complainant has filed the complaint praying for direction to OP to handover all the relevant papers of the vehicle bearing registration no. DL-1RH-0298 to the complainant as well as compensation of Rs.1,00,000/- for causing mental harassment, agony and torture and also sought Rs.5,000/- as cost of litigation.
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3. Earlier, Counsel for OP has appeared & filed vakalatnama on 11.08.2017 and has sought time to file written statement but despite giving several opportunities, OP failed to file its reply/written statement and none has appeared on behalf of OP & as such OP was proceeded ex-parte vide order dated 22.09.2017.
4. In order to prove his case the complainant filed his affidavit in evidence. The complainant has also placed on record copies of receipts dated 31.05.2013 of Rs.5,000/-, dated 31.08.2013 of Rs.6,000/-, dated 03.10.2013 of Rs.5,900/-, dated 20.11.2013 of Rs.6,000/-, dated 03.02.2014 of Rs.6,000/-, dated 30.04.2014 of Rs.5,500/-, receipt no. 388 dated 04.08.2014 of Rs.5,900/-, no. 520 dated 26.08.2014 of Rs.6,000/-, no. 840 dated 19.10.2014 of Rs.5,000/-, no. 1086 dated 27.11.2014 of Rs.5,000/-, no. 1382 dated 06.01.2015 of Rs.5,000/-, no. 1581 dated 06.02.2015 of Rs.5,500/-, no. 1912 dated 11.04.2015 of Rs.5,500/-, no. 2257 dated 24.06.2015 of Rs.5,500/-, no. 2604 dated 19.08.2015 of Rs.5,500/-, no. 2824 dated 04.10.2015 of Rs.6,000/-, no. 2896 dated 21.10.2015 of Rs.6,000/-, no. 2942 dated 28.10.2015 of Rs.11,000/-, no. 3331 dated 23.01.2016 of Rs.5,500/-, no. 045 dated 09.04.2016 of Rs.5,000/-, no. 252 dated 11.05.2016 of Rs.5,000/-, no. 414 dated 07.06.2016 of Rs.5,000/- & no. 912 dated 24.08.2016 of Rs. 5,000/- issued by OP & copy of receipt dated 15.07.2013 of Rs.6,000/-.The complainant also filed copy of
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TSR permit no. TL1RH/0298 in respect of TSR Vehicle Registration no.DL-1RH-0298, photocopy of Registration Certificate of the vehicle bearing registration no. DL-1RH-0298 in the name of the complainant and photocopy of visiting card of OP. Subsequently, the complainant also moved an application on 12.12.2017 thereby submitting that Form No.35 & full & final receipt is required from OP which OP has not given.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, it appears that the OP has no defence in his favour as OP has not appeared to file its written statement and to contest the case of the complainant. Accordingly, OP is held guilty of unfair trade practice and deficiency in service.
6. Accordingly, OP is directed as under:
i) To handover duly signed Form No.35 & full & final receipt of payment of the vehicle bearing registration no. DL-1RH-0298 to the complainant.
ii) To pay to the complainant an amount of Rs.6,000/- as compensation towards mental agony and harassment caused to the complainant.
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iii) To pay to the complainant an amount of Rs.4,000 towards cost of litigation.
7. The above amount shall be paid by OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 8th day of February, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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