BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.

                                                Consumer Complaint no. 617 of 2022                                                               

                                                Date of Institution:          07.10.2022

                                                Date of Decision   :     05.05.2023

Kartar Singh, aged 48 years son of Shri Harphool Singh, resident of House No.232, Barnala Road, Aggarwal Colony, Sirsa, District Sirsa.

                     ……Complainant.

                                      Versus

Deep Automobiles Pvt. Ltd., Branch Mansa Road, Bathinda (Punjab) – 151001, through its authorized person.

                                                                                  ...…Opposite party.

  Complaint under Section 35 of the Consumer Protection Act,  2019.

BEFORE:  SH.PADAM SINGH THAKUR ……………PRESIDENT

MRS. SUKHDEEP KAUR…………………MEMBER      

Present:       Sh. Varinder Kamboj, Advocate for complainant.

Opposite party already exparte.

ORDER

                   The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as op) with the averments that complainant having desire to purchase a Car of Honda company for the conveyance of himself and his family approached to the op and purchased Honda City Car for amount of Rs.10,90,401/-. The complainant submitted documents for the registration of the vehicle to op no.1 and all the requisite amount for the registration of the vehicle was paid by complainant to the op no.1. At that time op asked the complainant to wait for period of one month and assured him that they will get the vehicle of complainant registered with the Registration Authority, Sirsa. It is further averred that but thereafter he came to know that due to deficiency on the part of officials of the op they have got registered the vehicle of complainant with commercial number with office code as HR/57 while at the time of submitting the documents, it was clearly stated to them to get registered the vehicle with RTA Sirsa as private vehicle i.e. with the office code as HR/24. That complainant is roaming through the doors of the op time and again but they always lingered on the matter with one pretext or the other and are harassing and humiliating the complainant with one pretext or the other. It is further averred that due to above said act of the op, the complainant is facing harassment and hurdle in plying the vehicle on road without the registration number of the vehicle and due to non registration, the vehicle is lying as a waste machinery in the house and now due to late registration, the late fee will also be charged by the registration authority and complainant is entitled to recover the same from op. That inspite of spending huge amount of Rs.10,90,401/- the very purpose of purchasing the vehicle is not served to the complainant and as such complainant is entitled to compensation from the op. Hence, this complaint seeking direction to the op to get registered the vehicle of complainant with RTA Sirsa and also to pay all the requisite amount for registration of the vehicle and vehicle of complainant has to be registered as owner of Sr. No.1 and not as second owner and also seeking direction to the op to pay an amount of Rs.2,00,000/- for causing financial loss and harassment besides litigation expenses.

2.       On notice, initially opposite party appeared through authorized representative and Manager and sought adjournments for filing written statement but on 31.01.2023 when the case was fixed for filing written statement on behalf of op, none appeared on its behalf and as such op was proceeded against exparte.

3.       The complainant in exparte evidence has tendered his affidavit Ex. PW1/A, affidavit of Sh. Kamalpreet son of Kartar Singh Ex. PW2/A and documents Ex.P1 to Ex.P8.

4.       We have heard learned counsel for the complainant and have gone through the case file carefully.

5.       The complainant in order to prove his complaint has furnished his affidavit Ex.PW1/A in which he has reiterated all the contents of his complaint. From the copy of invoice Ex.P5, it is proved on record that on 01.06.2022 complainant purchased the Car in question from the op for a sum of Rs.10,90,401/-. According to the complainant, as the complainant is resident of Sirsa and purchased the car in question from op for his personal use and not for any purpose including any commercial activity, so his vehicle was to be registered with the Registering Authority, Sirsa with office code as HR/24 and code HR/57 is for the vehicles which are used for commercial purposes. Learned counsel for complainant contended that the officials of the op got mentioned the office code HR 57 in the registration documents of the car of the complainant and due to such act and conduct of the op, the complainant is facing great hardships, harassment and mental agony as vehicle is lying useless at the house of the complainant despite spending of huge amount due to late registration of the vehicle. The complainant has placed on record copy of temporary certificate of registration as Ex.P6 issued by the op in which it is mentioned that vehicle shall be permanently registered with RTA Sirsa, Haryana with office Code- HR/57. So, it is proved on record that it is deficiency in service on the part of op because the vehicle of the complainant was to be registered with Code HR/24 as vehicle in question was purchased by complainant for his personal use and office Code HR/57 is for commercial vehicles. The op despite appearance has failed to rebut the pleadings of the complainant and ultimately opted to be proceeded against exparte. The op is liable to issue fresh sale documents of the vehicle to the complainant including temporary certificate of registration with Series HR/24 instead of HR57. However, complainant will have to bear the registration charges of the vehicle as no receipt of any amount in respect of registration charges paid to the op has been placed on record.

6.       In view of our above discussion, we allow the present complaint and direct the opposite party to issue fresh sale documents to the complainant with Series HR/24 for registration of the vehicle of the complainant with the Registration Authority, Sirsa. We also direct the op to pay a sum of Rs.20,000/- as compensation for harassment to the complainant for the delay in proper registration of the vehicle and also to pay further sum of Rs.5000/- as litigation expenses to the complainant. The op is liable to comply with this order within a period of 30 days from the date of receipt of copy of this order as already delay has been caused by the op for proper registration of the vehicle of the complainant, failing which complainant will be at liberty to initiate proceedings under Section 71/72 of the Consumer Protection Act, 2019 against the op. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.    

Announced:                                       Member                President

Dt. 05.05.2023.                                                   District Consumer Disputes

                                                                            Redressal Commission, Sirsa.

JK