Delhi

East Delhi

CC/213/2014

KISHORI LAL - Complainant(s)

Versus

CAPITALS CAES - Opp.Party(s)

26 Apr 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO.  213/14

 

Shri Kishori Lal Charya

S/o Late Shri Jeewan Dass

R/o 182, Engineer Estate

21, I.P. Extension, Delhi – 110 092                              …….Complainant

 

Vs.

 

M/s. Capital Cars Pvt. Ltd.

Plot No. 1, Patparganj Industrial Complex

(Near Mother Dairy), Delhi – 110 092                                ….Opponents

 

 

Date of Institution: 21.03.2014

Judgment Reserved on: 26.04.2017

Judgment Passed on: 28.04.2017

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

          This complaint has been filed by Shri Kishori Lal Charya against M/s. Capital Cars Pvt. Ltd. (OP) under the Consumer Protection Act, 1986. 

2.       The facts in brief are that the complainant purchased a certified car make of HONDA , 2010 of model ‘Honda Civic’ on 19.09.2012 vide registration no. DL 7C F 9395 from M/s. Capital Cars Pvt. Ltd.  He paid Rs. 10,02,700/- vide pre owned booking form and invoice                    no. CCPL/AT/12-13/118 dated 19.09.2012.  The car was delivered at his residence.  The amount of Rs. 10,02,700/- was paid towards the costs of car including Rs. 2,700/-, the cost of transfer of registration, road tax and comprehensive insurance which was valid up to 24.02.2013 vide Honda Assure with National Insurance Company vide policy               no. HNC/00026737 dated 31.01.2012.  It is sated that after 21 days of its purchase i.e. 10.10.2012, OP applied for transfer of registration and paid an amount of Rs. 516/- vide receipt no. SM80314 towards transfer fee which includes Rs. 100/- transfer fee and Rs. 416/- for smart card.  The smart card/registration card was delivered to the complainant on 19.10.2012 after 30 days of its purchase.  The insurance policy bearing no. HNC/00026737 carries an endorsement no. HNC/00026737/01 for 26.11.2012 to 24.02.2013 which was done on 26.11.2012 was delivered to the complainant on 30.11.2012 after 72 days of its purchase.  The endorsement was effective from 26.11.2012 to 24.02.2013 and not from 19.09.2012 to 24.02.2013 to avoid insurance claim. 

          It is further stated that the complainant met with an accident on 20.10.2012 at about 8 p.m. near New Delhi South Extension on Ring Road Fly Over due to sudden braking of the car in front of Honda Accord vide registration no. DL3C-BE-2190 driven by                         Shri Manoj Khanna, Advocate resulting in damage of both cars in front as well as the complainant.  At that juncture, the complainant had no option except to pay the aggressive demands of Shri Manoj Khanna of Rs. 20,000/- towards estimated damage to his car Honda Accord by way of cash Rs. 4,000/- and by way of cheque for Rs. 16,000/- making a total of Rs. 20,000/-.The vehicle was taken to Sita Services by paying towing charges of Rs. 2,000/- vide receipt no. 1342 dated 20.10.2012.

          The complainant on 23.10.212 met Shri B.K. Srivastava,            in-charge of workshop and Shri V.B.L. Pachauri, G.M. and explained them that the vehicle was purchased from showroom, which was having comprehensive insurance, the documents of which were pending with their office.  However, they did not take any cognizance which resulted in complainant paying an amount of Rs. 30,000/- in advance on 03.11.2012 with instruction to proceed with repair to an estimated cost of Rs. 2,57,209/-.  After making several visits to their workshop, the complainant was delivered the car on 02.12.2012 after 43 days.  He was forced to pay the repairing charges amounting to Rs. 2,24,758/- which was under protest and Rs. 30,000/- in advance making a total of        Rs. 2,54,758/-.  It has been stated that on account of negligent and deficient services of OP, the complainant has suffered immense physical and mental agony for which he has claimed an amount of     Rs. 5,50,000/- on account of mental agony and pain and Rs. 5,00,000/- as physical harassment, financial loss/strain, litigation charges Rs.15,500/- and Rs. 2,76,758/- as repair charges making a total of      Rs.13,42,258/-.  This amount he has claimed with interest @ 18%.

3.       In reply of M/s. Capital Cars Pvt. Ltd. (OP), they have stated that there was no deficiency in services on the part of OP; it was not a consumer dispute; it was not the duty of OP to get the insurance policy transferred as has been alleged which was also evident from the pre owned car booking form that the amount of Rs. 2,700/- was paid as service charges for RTO formalities which did not include amount towards the insurance transfer or insurance payment; the column for insurance on the said form was blank clearly implying that no amount was paid for insurance and the pre owned car booking form has been annexed by the complainant himself.  They have also made reference to Section 157 of the Motor Vehicle Act, 1988 and Rule 144 of the Central Motor Vehicles Rules, 1989 showing that it was always the duty of transferee (complainant) to get the insurance transferred in his name. 

They have further reiterated that insurance of the car was transferred by the insurance company only after the inspection of the car was carried out by the insurance company.  The complainant never got his car inspected for transferring the insurance after purchase on 19.09.2012.  The complainant got it inspected on 26.11.2012 after repeated requests and reminders of OP.  They have denied other facts.  In nut shell, their case has been that OP has no role to play in getting the insurance policy transferred.  it was the duty of the complainant to get the insurance policy transferred.     

4.       The complainant has filed rejoinder to the WS of OP, wherein he has controverted the pleas taken in the WS and reasserted his pleas.

5.       In support of its case, the complainant has examined himself on affidavit.  He has narrated the facts, which have been stated in the complaint.  He has also got exhibited documents such as copy of invoice dated 19.09.2012 (Ex.CW1/1), copy of pre owned car booking form dated 19.09.2012 (Ex.CW1/2), copy of agreement to sale dated 19.09.2012 (Ex.CW1/3), coy of insurance dated 31.01.2012 (Ex.CW1/4), copy of receipt issued by Transport department (Ex.CW1/5), copy of insurance policy in the name of complainant dated 26.11.2012 (Ex.CW1/6), copy of payment receipt of Rs. 20,000/- dated 20.10.2012 (Ex.CW1/7), copy of Sita Towing Services dated 20.10.2012 for Rs. 2,000/- (Ex.CW1/8), copy of advance payment of Rs. 30,000/- dated 03.11.2012 (Ex.CW1/9), copy of final payment receipt dated 30.11.2012 (Ex.CW1/10), copy of e-mail sent by the complainant to Honda Motor Company Ltd. (Ex.CW1/11), copy of driving license of complaint (Ex.CW1/12), copy of RC of the vehicle DL-7CF 9395 (Ex.CW1/13) and copy of no claim bonus certificate of New India Insurance Co. (Ex.CW1/14).

          In defence, M/s. Capital Cars Pvt. Ltd. (OP) has examined       Shri Kamal Manchanda, Company Secretary of OP, who has deposed on affidavit.  He has also narrated the facts, which have been stated in their WS.  He has also got exhibited documents such as Board Resolution (Ex.RW1/1).  They have also examined Shri Jitendra Kumar Nanda, Whole Time Director of OP.  He has also narrated the facts, which have been stated in their WS and have got exhibited documents such as Board Resolution (Ex.RW1/1).  

6.       We have heard Ld. Counsel for parties and have perused the material placed on record.  The only argument which has been advanced on behalf of the complainant has been that M/s. Capital Cars Pvt. Ltd. (OP) have not got transferred the insurance policy having paid Rs. 2,700/- towards insurance charges, it amounts to deficiency in services. 

On the other hand, Ld. Counsel for M/s. Capital Cars Pvt. Ltd. (OP) have argued that it was not their duty to get the insurance policy transferred, but the policy was to be got transferred by the transferee (complainant) himself.  They have further argued that the amount of   Rs. 2,700/- which was said to have been paid by the complainant towards insurance charges was not paid towards insurance charges, but it was paid for RTO formalities. 

To appreciate the arguments of Ld. Counsel for the parties, a look has to be made to pre owned car booking  form dated 19.09.2012 (Ex.CW1/2) which shows against the column “Service charges for RTO formalities – Rs. 2,700/-“.  Further, agreement for sale of dated 19.09.2012 (Ex.cW1/3) also shows this amount of Rs. 2,700/- under the column “RTO transfer and service charges”.  In both these exhibits (CW1/2 and CW1/3), the column “Insurance” have been left as blank.  Copy of insurance dated 31.01.2012 (Ex.CW/14) shows the vehicle insured in the name of M/s. Capital Cars Pvt. Ltd. (OP) for a period from 25.02.2012 to 24.02.2013.  Copy of insurance policy in the name of the complainant dated 26.11.2012 (Ex.CW1/6) shows endorsement dated 26.11.2012 and the period of endorsement 26.11.2012 to 24.02.2013. 

Thus, from these documents, it comes out that M/s. Capital Cars Pvt. Ltd. (OP) have taken the amount of Rs. 2,700/- towards service charges for RTO formalities.  When they have taken this amount towards RTO formalities, the plea of the complainant that he has given this amount towards transfer of insurance policy does not hold good.  Even otherwise also it is the responsibility of the transferee (complainant) to get the insurance transferred. When the complainant himself have not taken any steps to inform the insurance company of having the vehicle purchased and transfer of the insurance in his name within the stipulated period, his plea that he has paid Rs. 2,700/- for having the insurance poicy transferred in his name cannot be said to be deficiency on the part of M/s. Capital Cars Pvt. Ltd. (OP).  

          However, before parting with it would not be out of place to mention that though there has been no deficiency on the part of OP, but the fact that they have got the vehicle repaired for an accident which was not reported by the complainant and the policy having been operational for the period from 25.02.2012 to 24.02.2013 in the name of M/s. Capital Cars Pvt. Ltd. (OP), which was got endorsed on 26.11.2012 having the period of endorsement 26.11.2012 to 24.02.2013 and the vehicle alleged to have met with an accident on 20.10.2012 at about     8 p.m. near New Delhi South Extension on Ring Road Fly Over, the accident occurred during the validity of the insurance policy.  The insurance was in the name of M/s. Capital Cars Pvt. Ltd. (OP) and the endorsement was made on 26.11.2012 for the endorsement period 26.11.2012 to 24.02.2013 in the name of the complainant, the fact remains that the vehicle remained insured for the accidental period i.e. 20.10.2012 for which M/s. Capital Cars Pvt. Ltd. did not file claim with the National Insurance Company as they have sold the vehicle.    

The complainant have not reported the accident as no FIR has been placed on record, but the fact that National Insurance Company have tied up with Honda Assure for mere irregularity of having not made the endorsement at the earliest, the complainant should not suffer.  Though, we are conscious of the fact that Consumer Forum cannot issue directions, but in order to shorten the litigation, it is ordered that M/s. Capital Cars Pvt. Ltd. (OP) shall file the claim with the National Insurance Company who may process the claim in the absence of FIR, if permissible.  The complainant shall co-operate with M/s. Capital Cars Pvt. Ltd. (OP) in all respects in getting the claim processed.  The amount of claim, if received by M/s. Capital Cars Pvt. Ltd., be refunded to the complainant.  Though National Insurance Company is not a party to the present complaint, it may process and dispose of the claim within a period of 45 days from the date of receipt of the claim as per law. 

          In view of the above, we are of the opinion that there has been no deficiency on the part of M/s. Capital Cars Pvt. Ltd. (OP), however, we give the above directions to the complainant Shri Kishori Lal and       M/s. Capital Cars Pvt. Ltd. (OP).

          Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

(HARPREET KAUR CHARYA)                              (SUKHDEV SINGH)

        Member                                                     President