DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 30^th day of January 2020

Present: Sri.V.P.Anantha Narayanan, Member(President I/c)  

               : Smt.Vidya.A, Member                                                       Date of Filing: 20/09/2019

CC No.228/2019

Nithin Augustine.K,

S/o.K.C.Babu,

Kallarackal House,                                                                  -           Complainant

Aradhana Nagar,

Mannarkkad - 678 582.

(By Party in Person only)

V/s

Biju,

Manager,

AM wings Honda,                                                                  -Opposite party

Noorani, Palakkad.

O R D E R

By Smt.Vidya.A, Member

Brief facts of the complaint  

            The complainant booked a Honda Dio Scooter from the opposite party’s shop on 12/06/2019 by paying an amount of Rs.20,000/-.  The total cost of the vehicle was Rs.69,000/-.  As per the direction of the opposite party he paid the balance amount of Rs.49,000/- on 13/06/2019.  The complainant obtained temporary registration from the Sub Regional Transport Office, Mannarkkad on the same day.  The opposite party informed the complainant that the vehicle will be delivered immediately after getting the temporary registration.  On the basis of that assurance, the complainant went to the opposite party’s shop for taking delivery of the vehicle.  But there, the vehicle was found without fixing the extra fittings offered by the opposite party and the papers for registration of the vehicle were also not found ready.  So the complainant went back without taking delivery of the scooter.  Eventhough the opposite party promised to make necessary arrangements to do the above mentioned, no action was taken from their part to fulfill their duty.  After that they were not even ready to respond to the complainant’s call.  So he lodged a complaint before the police station on 19/08/2019 and as per their direction, the opposite party delivered scooter on that day itself.

            But the scooter was delivered without the security number plate.  As per the notification of the Central Government No.SO-6052(E) dated 06/12/2018, all the vehicles registered after 01/04/2019 should have high security number plate and that should be fixed by the dealer at the time of delivery of the vehicle free of cost.  The complainant contacted the opposite party so many times and requested for the same.  But the opposite party made him believe that the security number plate had to come from Honda Company and it will be delivered to him immediately after receiving it from the company.  From July 2019 onwards, the opposite party is giving the same assurance and till now he had not complied with it.  The complainant again lodged a complaint before the police station on 26/08/2019 and there also the opposite party gave assurance that the number plate will be fixed on the next day itself.

            But the opposite party did not act according to their promise and there is deficiency of service on their part for which they had to compensate the complainant.  Hence this complaint was filed for giving direction to the opposite party for affixing the number plate and for giving an amount of Rs.10,000/- as compensation and Rs.5,000/- as cost of litigation.

Complaint admitted and notice served to the opposite party.  Even after accepting the notice, the opposite party did not appear before the Forum, so his name called; absent and he was set ex-parte.

From the side of the complainant, chief affidavit filed.  Exts.A1 and A2 were marked.

            The complainant filed letter authorizing his father Mr.K.C.Babu to represent his case before the Forum.

The main issues arising for consideration are.

1. Whether there is any deficiency of service on the part of the opposite party?
2. If so, what is the relief as to cost/compensation?

Issues 1&2

Heard.

We perused the chief affidavit and documents produced from the side of the complainant.  From Ext.A1, the two receipts issued by the opposite party, it is clear that the complainant had paid an amount of Rs.69,000/- to the opposite party towards the cost of the vehicle.  Ext.A2 is the notification issued by the Ministry of Road Transport and Highways, Government of India Notification No.S.O.6052(E) dated 06/12/2018 which stipulates that a vehicle manufacturer shall comply with the following procedure in regard to High Security Registration Plates(HSRP) for a new vehicle to be sold on or after 1^st April 2019 namely:-

1. The type approved High Security Registration Plates including the third registration mark, shall be supplied by the vehicle manufacturers to their dealers, who shall place a mark of registration on such plates and affix them on the automobiles. 
2. A manufacturer of the motor vehicles shall ensure that the requisite infrastructure required for placing the mark of registration on the security licence plates and printing the third registration plate are available with their dealers.
3. The cost of high security registration plate and its affixture on the vehicle after placing the mark of registration shall be included in the price of the new vehicle and no additional cost shall be charged from the vehicle purchaser by the dealer for the same.

Here in this case, according to the complainant, even after his repeated request the dealer did not provide the high security number plate as required by the Central Government Notification No.S.O.6052(E) dated 06/12/2018.  Further at the time of hearing it was submitted that eventhough the vehicle is registered the complainant is not in a position to use the vehicle till now because of the acts of the opposite party.  The deficiency in service of the opposite party caused inconvenience to the complainant and as a result he suffered mental agony. Nothing is there to discredit the contentions raised by the complainant.

As the opposite party remained ex-parte, the evidence adduced by the complainant stands unchallenged.  In the result, the complaint is allowed. 

We direct the opposite party to provide the number plate for the complainant’s vehicle free of cost and to pay Rs.2,000/-(Rupees Two thousand only) as compensation for the mental agony and inconvenience suffered by him and an amount of Rs.1,000/-(Rupees One thousand only) as cost of litigation.

  Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization.  

Pronounced in the open court on this the 30^th day of January 2020.      

                                                                                                                                Sd/-

                                            V.P.Anantha Narayanan                    

                                                Member(President I/c)  

                                                                                             Sd/-       

                                                                                                     Vidya.A

                                Member

Appendix

Exhibits marked on the side of complainant

Ext.A1– Photo copy of receipt issued by opposite party to the complainant.

Ext.A2 – Copy of Govt. order(Notification No.SO-6052(E) dated 06/12/2018)

Exhibits marked on the side of Opposite parties

NIL

Witness examined on the side of complainant

NIL

Witness examined on the side of opposite parties

NIL

Cost : 1,000/-