BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Complt.  Case No :  395 of 2010

Date of Institution:    11.06.2010

Date of Decision  :    29.07.2010

Rajinder Kumar son of Sh.Raj Kumar, R/o H.No.3036, Sector 56, Chandgiarh.

……Complainant

V E R S U S

Chander Parkash Shukla son of late Sh.Shiv Mohan Shukla, R/o H.No.1956, Sector 21, Panchkula (Haryana).

.…..Opposite Party

CORAM:          SH.LAKSHMAN SHARMA                         PRESIDENT

                    SH.ASHOK RAJ BHANDARI            MEMBER

                    MRS.MADHU MUTNEJA                        MEMBER

PRESENT:     Complainant in person.

OP exparte.

PER MADHU MUTNEJA, MEMBER

                The instant complaint has been filed by Sh.Rajinder Kumar against the OP claiming deficiency in service by not transferring ownership of the car purchased from the OP.

1]             The facts in brief are as under:-

                The complainant had purchased a second hand Santro Car bearing Regd. No.PB-11-R-0390, Model 2000 from Sh.Chander Parkash Shukla son of Sh.Shiv Mohan Shukla, resident of House No.1956, Sector 21, Panchkula (Haryana) on 10.7.2006 for Rs.1,10,000/-.  The vehicle had been financed from G.E. Countrywide and at the time of purchase the complainant (Purchaser) had made full and final payment to the OP (Seller).  The OP had promised to handover all requisite necessary papers of the car to the complainant within a month from the date of sale but failed to do so.  He has neither provided the Bank NOC, nor the NOC from the R.T.O. to the complainant till date.  As a result, the car still stands in the name of OP.  The complainant has thus filed this complaint for redressal of his grievance, so that the car may be transferred in his name.  He has also claimed compensation of Rs.1.00 lakh from the OP since he has not been able to use the vehicle since July, 2006.

2]             After admission of the complaint, notice was sent to the OP.  POD was received back duly served.  However, on the date fixed, neither the OP nor any authorized person of the OP appeared.  Hence, OP was proceeded exparte on 13.7.2007. 

3]             We have heard the complainant and have also perused the evidence and documents placed on record by the complainant in support of his contentions.

4]             At the time of arguments, the complainant relied on the receipt and delivery letter issued by the OP to him.  As per the receipt and delivery letter, the full and final payment has been made towards the sale proceed of the vehicle in question, and the OP has delivered the physical possession of the car to the complainant. However, despite promise, the OP has not supplied the requisite documents needed for removing the hypothecation on the car, as well as for transferring the car from the name of Seller to the Purchaser.

5]             The car is in possession of the complainant but he has not been able to enjoy its usage since he is afraid of being challaned for driving a vehicle which does not stand in his name. 

6]             In view of the above, it is clear that there is deficiency in service on the part of OP.  It is now 4 years since the OP had to supply all necessary documents to the complainant so that the car could be transferred in the name of complainant.  This act of OP also amounts to unfair trade practice.  Therefore, this complaint is allowed with the following directions:-

i)         The OP is directed to supply all the necessary documents required for transfer of car to the complainant within 45 days of this order.

ii)        The OP is also directed to pay Rs.25,000/- to the complainant as compensation for causing  harassment as well as debarring him from using the car legally since July, 2006.  

                    The aforesaid directions be complied with by the OP within 45 days from the date of receipt of certified copy of this order, failing which the OP besides handing over of documents, will also be liable to pay compensation of Rs.25,000/- to the complainant, along with interest @18% per annum from the date of order till the date of its actual realization.

7]             Certified copies of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

29.07.2010                                                                     

(LAKSHMAN SHARMA)

PRESIDENT

                                       (ASHOK RAJ BHANDARI)

MEMBER

                                                             (MADHU MUTNEJA)

MEMBER

‘Om’