Delhi

North East

CC/19/2017

Smt. KRISHNA KASHYAP - Complainant(s)

Versus

CONCORDS MOTORS - Opp.Party(s)

25 Jan 2019

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 19/17

 

In the matter of:

 

	Smt. Krishan Kashyup W/o Shri Vijay Kashyup R/o  House No. G-1/61, Gali No.4 Fifth Pusta, Sonia Vihar, Karawal Nagar Delhi-110094.	Complainant
	Versus
	Concorde Motors Passengers Car Dealer HCMR Complex, Main Wazirabad Road, Gokulpuri, Delhi-110094.	Opposite Party

 

DATE OF INSTITUTION:      JUDGMENT RESERVED ON:               DATE OF DECISION      :

12.01.2017 25.01.2019 25.01.2019

 

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

 

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. Facts in brief in the present complaint are that the complainant had purchased an Indigo ECS GLS BS IV car manufactured by TATA motor from OP as a commercial vehicle bearing registration no DL1ZA1652 on 18.03.2016 for a total sale consideration of  Rs. 4,46,277/-. The complainant made a payment of Rs. 103353/- to the OP and for the remaining amount had taken vehicle loan from TATA Motor Finance Ltd (TMFL). The complainant had taken the subject vehicle for his husband to be plied as Taxi. However, the OP despite having received consideration for the said vehicle has neither provided the Registration Certificate (RC)  nor the CNG certificate for the said vehicle due to non availability of which, the said car was declined by hiring agencies to be plied on the road. Despite several visits to OP showroom by the complainant and her husband asking for the RC and CNG certificate, the OP failed to provide the same and instead misbehaved with the complainant’s husband against which conduct the complainant has lodged a police complaint with PS Jyoti Nagar, New Delhi on 05.01.2017 vide Diary no 31B. However, since no action or progress was made in the said matter, the complainant could not ply the said Taxi and had to face financial loss of Rs. 2,000/- per day and cumulative loss of Rs. 4,00,000/- till the filing of the present complaint before us and is also aggrieved that the official of TMFL are also threatening to repossess the vehicle due to EMI default. Therefore vide the present complaint, the complainant has prayed for issuance direction to the OP to provide RC and CNG certificate and to compensate the complainant to the tune of Rs 4,00,000/- towards damages for loss of income.

Complainant has attached copy of retail invoice dated 18.03.2016 issued by OP towards cost of the subject vehicle, copy of debit note no 1516-03079 dated 18.03.2016 for Rs. 46,203/-, copy of receipt no 1617-000191 dated 08.04.2016 for Rs 8,300/- acknowledge by OP, insurance certificate for the said vehicle issued by New India Assurance Company Ltd,covering letter dated 08.04.2016 from OP to complainant acknowledging purchase of the subject vehicle by the complainant, copy of All India Tourist Permit (Tourist Taxi Delux) issued by Buradi ITO, GNCTD, fitness certificate by and registration certificate issued by transport department Buradi GNCTD.

2. Notice was issued to the OP on 20.01.2017 and despite service effected on 30.01.2017 none appeared on behalf of OP and was therefore proceeded against ex-parte vide order dated 28.03.2017.
3. Ex-parte evidence by way of affidavit was filed by complainant on 07.07.2017 reiterating his grievance and in addition to the relief prayed for in the complaint, claimed additional relief from the OP by way of Rs. 50,000/- toward mental agony and Rs. 10,000/- toward the cost of litigation . The complainant exhibited copy of retail invoice, summary of payment made to the OP to the tune of Rs.1,03,353/-, debit note no. ending 03079 and permit and certificates issued by transport department, Buradi GNCTD with respect to the subject vehicle along with copy of insurance certificate, copy of police complaint, copy of receipts dated 16.03.2016 30.03.2016 and 08.04.2016 issued by OP in favour of complainant acknowledging payment towards to purchase the subject vehicle.
4. Written arguments were filed by the complainant in which the complainant while acknowledging purchase of a commercial vehicle from OP on down payment of Rs. 1,03,353/- argued that OP was duty bound to provide the RC and CNG certificate to the complainant within one month of purchase of the vehicle but failed to do so due to which reason the said Taxi could not generate any income to the complainant causing him loss of Rs.6,00,000/- and the complainant is facing extreme difficulty in paying the EMIs by borrowing from other people and prayed for appropriate relief as sought.
5. We have heard the arguments forwarded by the counsel for the complainant and have perused the documentary evidence placed on record before us.

A specific question was put to the complainant in the light of averment made by him in his complaint that the subject vehicle was a CNG commercial vehicle and tourist permit for taxi and fitness certificate for tourist taxi issued by transport department Buradi GNCTD that for what purpose was the subject vehicle purchased. The complainant replied that the purpose of purchasing the said taxi was for commercial use to ply the same as OLA/ UBER taxi.

6. We had directed the complainant to satisfy the forum on the issue of maintainability of the complaint for being admissible under Section 2 (1) (d) of CPA.

The word ‘consumer’ is the fulcrum of the Consumer Protection Act (the Act) and is defined in Section 2 (1)(d) of the Act meaning any person who

buys and goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other that the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose

The Hon’ble National Commission in the judgment of Hajarimal Moonat Vs Kumar Iron Works 1997 (1) CPR 18 had observed that to arrive at a conclusion whether a purchase is for a commercial purpose, it has be decided whether the purchase of goods by the complainant was intended for commercial purpose or whether it was only for the purpose of carrying on a small business in which he was engaged for the purpose of eking out his livelihood by way of self employment. The Hon’ble Supreme Court in the landmark Judgment of Cheema Engineering Services Vs Rajan Singh 1997 (1) CPR 30 (SC) had observed that the word ‘self employment’ is not defined and is a matter of evidence which connotes all together a different concept namely he alone uses the machinery purchased for the purpose of manufacturer by employing himself in working out or producing the goods for earning his livelihood. In the present case, however,  not only did the complainant himself admit that he had purchased the said vehicle in question for “commercial purpose” but also documents filed by him of evidentiary value also strengthen and reinforce the factum of the said vehicle being a commercial vehicle/ tourist taxi. The Hon’ble National Commission in Western India State Motors Vs Sobhag Mal Meena 1991 (1) CPJ 44 (NC) held that the purchase of vehicle for being used as a taxi is a purchase made for commercial purpose and the purchaser is not a consumer within the meaning of Consumer Protection Act.

7. We therefore, are of the considered opinion that the present complaint does not fall within the ambit of the consumer complaint and the complainant is not a consumer within the meaning of Section 2 (1) (d) (i) of CPA more specifically enforced by the 2003 amendment in the CPA excluding commercial transaction.
8. We therefore, dismiss the present complaint as non maintainable with no order as to costs. 
9. Let a copy of this order be sent to the complainant free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
10.  File be consigned to record room.
11.  Announced on 25.01.2019 

 

(N.K. Sharma)      President

(Sonica Mehrotra)  Member