Chandigarh

DF-I

CC/485/2020

Manjula Wadhwa - Complainant(s)

Versus

Cars 24 - Opp.Party(s)

In Person

21 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/485/2020
Date of Institution	:	23.10.2020
Date of Decision	:	21/7/2023

 

Manjula Wadhwa w/o Rakesh Wadhwa C/o Nabard, Sector 34, Chandigarh 160022.

 

 

… Complainant

V E R S U S

 

1. CARs 24, 1^st floor Sector 66, Opp. Bestech Mall, SAS Nagar, through its Store Manager, SCO 312, FF, Sector 40-D, Chandigarh 160036.

 

2. Cars 24, Corporate Office, Unitech Cyber Park, Tower B, 10^th, Sector 39, Gurugram, Haryana 122003 through owners of the company Sh. Mehul Aggarwal and Sh. Vikram Chopra.

 

 

3. Royal car Bazar represented by Mr. Shiv Ratan Soni r/o Ward No.30, Hariram Ji Mandir Ke pass, Nokha, Bikaner, Rajasthan 334803.

.  … Opposite Parties

 

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR SURESH KUMAR SARDANA	MEMBER MEMBER

                       

ARGUED BY		Sh. Savinder Singh Gill, counsel for complainant.
		Sh. Dixit Garg, Counsel for OPs No.1&2.
		OP No.3 exparte.

Per SURESH KUMAR SARDANA, Member

     Briefly stated the complainant sold her old car to Car 24 for a sum of Rs.96, 640/-. It is alleged that the out of the total final deal amount  the  OPs while making payment deducted Rs.590/- towards late delivery charges by 1 day though there was no delay  in delivery of car. Thus the OPs No.1&2 wrongly deducted Rs.590/-. At the time of delivery of car to CARs24 Customer Protection Policy was given to the complainant as per which the transfer of ownership (RC) was to be done within a time period of 120-180 days from the date of sale of the car. It is alleged that despite the passage of more than 7 months and despite so many requests made by the complainant the Cars24 has not transferred the registration certificate in their own name or their buyer’s name on account of which the complainant always remain under fear. Alleging the aforesaid act of Opposite Parties deficiency in service and unfair trade practice on their part, this complaint has been filed

2. The Opposite Parties NO.1&2 in their reply admitted charging of Rs.590/- as late delivery charges.  It is averred that the answering OPs are a service facilitator and not the service provider where any vehicle sold through them is sold to a dealer/hannel partner who is registered with the answering OP.  It is averred that the vehicle sold by the complainant was sold to Royal Car Bazar represented by Mr. Shiv Rattan Soni  who enrolled with the answering OPs by signing a dealer enrollment form. The vehicle was handed over to the said dealer on 16.3.2020 by signing a vehicle Transaction Form who further sold the vehicle to an end buyer. As per sub clause (h)  of clause 10 of the para D of the dealer rule book the dealer is solely responsible for the transfer of any vehicle purchased by him through the OP party and sold to the end buyer.   The answering  OPs  requested many time to the dealer to transfer the RC but to no avail. It is denied that there is any deficiency on the part of the answering OPs. All other allegations made in the complaint has been  denied being wrong.
3. OP No.3 did not turn up despite due service, hence vide order dated 10.04.2023 it was proceeded against exparte
4. Rejoinder was filed and averments made in the consumer complaint were reiterated
5. Contesting parties led evidence by way of affidavits and documents.
6. We have heard the learned counsel for the contesting parties and gone through the record of the case.
7. The main grievance of the complainant is that after selling the vehicle to OPs No.1&2, the RC of complainant vehicle was not transferred in the name of Buyer and also an amount of Rs.590/- have been un-authorizedly deducted by Ops No.1&2 from the payment due to her.
8. On perusal of documents it is observed that the OP No.1,2 and 3 are responsible for getting the RC transferred in the name of buyer after purchasing
   the vehicle from the complainant but the same has not been done inspite of complainant taking up the matter repeatedly with OPs No.1&2 to whom the vehicle was handed over and the complainant received the payment from them. The complainant was made to run from pillar to post and finally dragged into unnecessary litigation before this Commission for redressal of her grievance. Moreover,  it is also observed that Ops No.l&2 have also illegally deducted Rs.590/- from the payment due to the complainant.
9. Also it is observed that the OP No.3 despite being duly served, failed to appear or come forward to contradict the allegations set out in the present complaint despite being duly served, which raised a reasonable presumption that the it has failed to render due service to the complainant and have nothing to contradict meaning thereby that they it admits the claim of the complainant
10. Hence, the OPs No. 1 to 3 are indulged in unfair trade practice and are deficient in providing service to the complainant.
11.   In view of the above discussion, the present consumer complaint partly succeeds and the same is accordingly partly allowed. OPs are directed as under:-

1. to get the ownership (RC) transferred of the vehicle  in question in the name of  buyer within 45 days from the date of receipt of copy of this order.
2. To refund Rs.590/- to the complainant.
3. to pay Rs.15,000/- to the complainant as compensation for causing mental agony and harassment to him;
4. to pay Rs.12,000/- to the complainant as costs of litigation.

12.      This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No (ii)&(iii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(i)and (iv) above.
13.      Certified copies of this order be sent to the parties free of charge. The file be consigned

			sd/- [Pawanjit Singh]
			President
			sd/-
			[Surjeet Kaur] Member   sd/-
21/7/2023			[Suresh Kumar Sardana]
mp			Member