Punjab

Faridkot

CC/16/103

Tajpreet Singh - Complainant(s)

Versus

D.T.O - Opp.Party(s)

G.S. Chauhan

06 Feb 2017

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

Complaint No. :       103

Date of Institution:  21.04.2016

Date of Decision :    06.02.2017

Tajpreet Singh aged about 19 years s/o Paramjit Singh r/o Muktsar Road, Sadiq, District Faridkot.

...Complainant

Versus

1. District Transport Officer, Faridkot.
2. Managing Director, Baba Motors, Moga Road, Ferozepur,
3. Managing Director, Maruti Suzuki India Ltd, J Nelson Mandela Road, Vasant Kunj, New Delhi-110070.

                               ......Ops

 

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum:     Sh Ajit Aggarwal, President,

Smt Parampal Kaur, Member,

Sh P Singla, Member.

 

Present:      Sh G S Chauhan, Ld Counsel for complainant,    

                  OPs Exparte.

 (Ajit Aggarwal, President)

                              Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against Ops seeking directions to OPs to issue Registration Certificate for car purchased by complainant and to pay Rs.50,000/- as compensation for mental agony and harassment besides Rs.11,000/-as litigation expenses to complainant.

2                                     Briefly stated, the case of the complainant is that he purchased a new Alto K-10 Maruti car bearing chasis no.152751 from OP-2 vide bill dated 3.05.2015 and paid Rs.1,80,000/-to OP-2 in cash as HDFC Bank sanctioned the loan of Rs.2 lacs for his vehicle. OP-2 received whole expenses on account of registration certificate, VAT, Insurance and other expenses at the time of receiving Rs.1,80,000/-from complainant OPs assured complainant that registration certificate for his vehicle would be issued from Faridkot and at that time OP-2 gave registration no.PB-04V-4422 to complainant through online purchasing system and all formalities were fulfilled by OPs, but till the completion of one year, Ops have not issued registration certificate to complainant and in the absence of registration certificate, it is difficult for complainant to drive the vehicle on road. Complainant made many requests to Ops to issue him registration certificate, but they keep lingering on the matter on one pretext or the other and all this amounts to deficiency in service and trade mal practice on the part of Ops and has caused great harassment and mental agony to complainant for which he has prayed for compensation and litigation expenses besides main relief. Hence, the present complaint.

3                                                            The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 28.04.2016, complaint was admitted and notice was ordered to be issued to the opposite party.

4                                              Notice containing copy of complaint and relevant documents was served to OP-1 through Process Server and was duly got served, but nobody appeared in the Forum on behalf of Op-1 on date fixed either in person or through counsel to defend the case and then after long waiting till 4.00 pm, Op-1 was proceeded against exparte vide order dated 3.06.2016. Registered notice was also issued to OP-2 and 3 alongwith relevant documents, but acknowledgment did not receive back, it might have been lost in transit and as none appeared in the Forum on behalf of OP-2 and OP-3 either in person or through counsel on date

fixed, therefore, OP-2 and OP-3 were also proceeded against exparte vide order dated 15.06.2016.

5                                        Parties were given proper opportunities to prove their respective case. The complainant tendered in evidence his affidavit Ex.C-1 and documents Ex C-2 to C-15 and then, closed the evidence.

6                                     As there is no rebuttal from OPs side, therefore, we have heard the arguments advanced by learned counsel for the complainant and have very carefully gone through the affidavits and documents placed on the file.

7                                  The Ld Counsel for complainant argued that complainant  purchased a new Alto K-10 Maruti car from OP-2 vide bill dated 3.05.2015 and paid Rs.1,80,000/-to OP-2 in cash as HDFC Bank sanctioned the loan of Rs.2 lacs for his vehicle. OP-2 received whole expenses on account of registration certificate, VAT, Insurance and other expenses at the time of receiving Rs.1,80,000/-from complainant OP-2 assured complainant that registration certificate for his vehicle would be issued from Faridkot and at that time OP-2 gave registration no.PB-04V-4422 to complainant through online purchasing system and all formalities were fulfilled by OPs, but till the completion of one year, Ops have not issued registration certificate to complainant and in the absence of registration certificate, it is difficult for complainant to drive the vehicle on road. Repeated requests made by complainant to release RC bore no fruit and all this amounts to deficiency in service and trade mal practice on the part of Ops and has caused great harassment and mental agony to complainant. He has prayed for accepting the complaint alongwith compensation and litigation expenses besides main relief.

8                             From the careful perusal of record and evidence placed on file by complainant, it is observed that case of complainant is that he purchased a new car from OP-2 and paid all expenses for registration certificate, vat etc, and Ops also issued him temporary registration no.PB-04V-4422 to complainant through online purchasing system and all formalities were fulfilled by OPs, but till now, Ops have not issued registration certificate to him. Main contention of complainant is that due to non issuance of registration certificate by OPs, it is very difficult for him to drive the vehicle on road and even despite repeated requests by complainant, OPs have not issued him registration certificate. All this amounts to deficiency in service and complainant has prayed for redressal of his grievance alongwith compensation.

9                     To prove his case, the complainant produced copy of online application for registration of motor vehicle as Ex C-6 and receipts regarding online payment of registration fee and other charges as Ex C-11 to 14, which was deposited by him with OP-1 through OP-2 on 20.07.2015. These receipts etc duly mention the registration number  allotted to the vehicle  of the complainant as PB04 V 4422. As such, the complainant has deposited the entire requisite fee and charges for registration of his vehicle and OPs allotted the registration number to his vehicle but despite this, till today they have not issued the registration certificate regarding the vehicle of complainant, which amounts to deficiency in service and trade mal practice on their part. Hence, the complaint in hand is hereby allowed against OP-1 and OP-2.  Both OP-1 and OP-2 are directed to release the registration certificate of the vehicle of complainant to him and OP-2 is further directed to pay Rs.5000/-as compensation for harassment and mental agony suffered by complainant and Rs.2000/-on account of litigation expenses incurred by him. However, complaint against OP-3 stands hereby dismissed.        Compliance of this order be made within one month of receipt of the copy of the order, failing which complainant shall be liable to proceed under Section 25 and 27 of the Consumer Protection Act. Copy of order be supplied to parties free of costs as per law. File be consigned to record room.

 Announced in open Forum:

  Dated: 6.02.2017                    

Member                  President                                          (P Singla)                    (Ajit Aggarwal)