Tamil Nadu

South Chennai

CC/374/2006

S.Vatchala - Complainant(s)

Versus

Crescent Auto Reparis & Services - Opp.Party(s)

D.Kannan

01 Dec 2017

ORDER

                                                                        Date of Filing :   05.07.2006

                                                                        Date of Order :   01.12.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

 

C.C.NO.374/2006

FRIDAY THIS 1^st DAY OF DECEMBER 2017

Mrs. S. Vatchala,

W/o. P.Sundaraparipoonanan,

Old No.5, New No.13/A3, Sai Nikethan,

Circular Road, United India Colony,

Kodambakkam, Chennai 24.                  Complainant

 

                                        ..Vs..

 

1.  The General Manager,

Crescent Auto Repairs & Services

India Pvt. Ltd.,

NO.9, Cenotph Road,

Chennai 600 018.

 

2. Assistant General Manager,

Sales, C.a.R.S.India,

87, Arcot Road,

Saligramam,

Chennai 600 093.                                   Opposite parties.

 

Counsel for Complainant           :   M/s.D.Kannan & others         

Counsel for opposite parties      :   M/s. Nidhin & another  

ORDER

THIRU. M. MONY, PRESIDENT

 

This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.1,00,000/- as compensation for deficiency in service and mental agony and to pay cost of the complaint.

1. The averment of the complaint in brief are as follows:

         The complainant submit that  she purchased a four wheeler namely Maruti ALTO LXI 2006  from the opposite parties on 21.10.2005 availing Hypothecation loan from Andhra bank.   The complainant paid the entire purchase amount of Rs.3,37,911   The 2^nd  opposite party after receiving the full amount registered the vehicle at RTO, Chennai West and obtained original registration on 24.10.2005.  On verification of the R.c. book the complainant’s name entered wrongly as S.Vechala instead of S.Vatchala to correct the name in the R.c. book, the complainant handed over the R.c. book to the 1^st opposite party in December 2005 for due rectification.   The opposite parties after receiving the R.c. book from the complainant informed  by letter dated 15.12.2005 that the original  R.c. book was misplaced and the opposite parties taking steps for  trace out the R.C. book.  Thereafter the opposite parties by letter dated  13.1.2006 regretted for the non trace ability of the R.c. book and informed to the Andhra Bank about the misplacement of original R.c. book.  Since the opposite party has not returned the R.C. book after due correction.   As such the act of  the opposite parties amounts to deficiency in service which caused mental agony and hardship to the complainant.  Hence this complaint is filed.

2.    The brief averments in the Written Version filed by the opposite parties are  as follows:

      The opposite parties deny each and every allegations except those that are specifically admitted herein.   The opposite parties submit that admittedly the complainant purchased the car on 21.10.2005 after full payment by Hypothecating the car with Anadra bank.   Due registration certificate also handed over to the complainant.   The said R.C book was returned to the opposite parties for correcting the name of the complainant.    However the complainant did not return the R.C. book and therefore the opposite parties sent their field staff Mr. K.Bharani to collect the said R.c. book form the complainant.    The said K. Bharani on his way to RTO Office on 15.12.005 had lost his bag and the said R.C. book of the complainant which was kept in the bag was also lost.   Due complaint has given to the concerned police and  registered the case.   Thereafter the police gave not traceable report.  Hence the opposite parties requested the complainant to sell the car as cost price without R.C book.  But the complainant without any response.   Hence there is no deficiency in service on the part of the opposite party and the complaint is liable to be dismissed.

3.     In order to prove the averments of the complaint, the complainant has filed proof affidavit as her evidence and documents Ex.A1 to Ex.A10 marked.  Proof affidavit of opposite parties filed and Ex.B1 marked on the side of the  opposite parties.

4.   The points for the consideration is: 

Whether the complainant is entitled to a sum of Rs.1,00,000  towards compensation for deficiency in service and mental agony with cost as prayed for ?

 

5.  ON POINT:

         Both parties field their respective written arguments.  The complainant has not turned up to advance any oral arguments for long time. Admittedly the complainant purchased a four wheeler namely Maruti ALTO LXI 2006  from the opposite parties on 21.10.2005 availing Hypothecation loan from Andhra bank.   The complainant paid the entire purchase amount of Rs.3,37,911/- on the same day.  The 2^nd  opposite party after receiving the full amount registered the vehicle at RTO, Chennai West and obtained original registration on 24.10.2005.  On verification of the R.c. book the complainant’s name entered wrongly as S.Vechala instead of S.Vatchala.  To correct the name in the R.c. book, the complainant handed over the R.c. book to the 1^st opposite party om December 2005.    The opposite parties after receiving the R.c. book from the complainant informed  by letter dated 15.12.2005 that the original  R.c. book was misplaced and the opposite parties is taking steps for the trace out the R.C. book.  Thereafter the opposite parties by letter dated  13.1.2006 regretted for the non trace ability of the R.c. book and informed to the Andhra Bank about the misplacement of original R.c. book.  Since the opposite party has not returned the R.C. book after due correction.  The complainant was constrained to issue legal notice to the opposite parties on 16.2.2006 and pay compensation for their deficiency in service.    

6.     The learned counsel for the opposite parties contended that admittedly the complainant purchased the car on 21.10.2005 after full payment by Hypothecating the car with Anadra bank.   Due registration certificate also handed over to the complainant.   It is also admitted that the said R.C. book was returned to the complainant.   It is also admitted that the said R.C book was returned to the opposite parties for correcting the name of the complainant.    However the complainant did not return the R.C. book and therefore the opposite parties sent their field staff Mr. K.Bharani to collect the said R.c. book form the complainant.    The said K. Bharani on his way to RTO Office on 15.12.005 had lost his bag and the said R.C. book of the complainant which was kept in the bag was also lost.   Due complaint has given to the concerned police and  registered the case as per ExB1.   Thereafter the police gave note traceable report.  Hence the opposite parties requested the complainant to sell the car as cost price without R.C book.  But the complainant without any response  to the offer and filed this case claiming compensation of Rs.1,00,000/- /- is highly and exorbitant.  Considering the facts and circumstances of the case this forum is of the considered view that the  opposite parties 1 to 2  are jointly and severally liable to obtain a duplicate R.C. book from the RTO on co-operation of the complainant within three months and shall pay compensation of Rs.15,000/- towards mental agony with cost of Rs.5,000/- and the point is answered accordingly.

In the result the complaint is allowed in part.  The opposite parties 1 & 2  are jointly and severally liable to obtain a duplicate R.C. book from the RTO on co-operation of the complainant within three months and shall pay compensation of Rs.15,000/- (Rupees Fifteen thousand only) towards mental agony with cost of Rs.5,000/-  (Rupees Five thousand only) to the complainant.

 

The aboveamounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.

            Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 1^st day  of  December  2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1  22.10.2005         - Copy of Customer payment receipt.

Ex.A2  24.10.2005         - Copy of registration certificate.

Ex.A3  29.11.2005         - Copy of Insurance policy certificate.

Ex.A4  15.12.2005         - Copy of letter from the 2^nd opp. party.

Ex.A5  11.1.2006  - Copy of complainant letter to the 2^nd opp. party.

Ex.A6  13.1.2006  - Copy of reply letter.

Ex.A7  30.1.2006  - Copy of letter from the opp. party.

Ex.A - 16.2.2006  - Copy of lawyer notice.

Ex.A9  23.2.2006  - Copy of reply notice.

Ex.A10               - Copy of Ack. Card.

 

Opposite parties’ side document     

Ex.B1  29.12.2005         - Copy of Police complaint.

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.