BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 134 of 2023.
Date of Institution : 14.03.2023
Date of Decision : 08.02.2024
Mainu Deen (aged about 60 years) son of Shri Abdul Rehman, resident of Chak Kharan Singh Wala @ Doomwali, Tehsil Sangat, District Bathinda (Punjab), N/A residing at Alikan Road, Near Gurudwara Mandi Dabwali, District Sirsa.
……Complainant.
Versus.
Garg Motors, Opposite Civil Hospital, Mandi Dabwali, Tehsil Dabwali, District Sirsa, Pin- 125104, through its Authorized Signatory.
..…Opposite party.
Complaint under Section 35 of the Consumer Protection Act, 2019.
BEFORE: SH. PADAM SINGH THAKUR ………………PRESIDENT
MRS.SUKHDEEP KAUR………………………MEMBER.
SH. OM PARKASH TUTEJA …………………MEMBER
Present: Sh. Parveen Ahmad, Advocate for the 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 as OP).
2. The case of the complainant, in brief, is that complainant purchased one Mahindra Bolero NEO N10 (R) PRL white for an amount of Rs.10,98,913/- from op vide invoice dated 07.07.2022 and complainant paid some amount in cash and remaining amount was financed from AU Small Finance Bank, Dabwali. The op also obtained Rs.35,000/- for its accessories and Rs.1,00,000/- for registration of the vehicle. That at the time of delivery of said vehicle, the op assured him to get prepared registration certificate from the concerned Registration Authority and also assured the complainant to provide second key of the vehicle and also its accessory. The op also assured that bills of the vehicle will also be delivered to him complete in all respect within a short period. That complainant believed on the assurance of op and took the delivery of said vehicle. It is further averred that however later on about six months period expired but no registration certificate, second key of vehicle, accessory and complete bill have been given to the complainant by the company. That complainant approached and requested the op many times to give the said documents and accessory but op has been lingering on the matter with one pretext or the other and has not paid any heed to the requests of complainant, however, as per knowledge of complainant the Registration Authority Bathinda has allotted the number PB-03BK/9786 to the aforesaid vehicle but till date the op has not given the same to the complainant and after waiting for a long period of six months the complainant has taken accessory from outside. It is further averred that ultimately complainant got issued a legal notice to the op on 10.02.2023 but to no effect and due to act and conduct of the op, the complainant is facing mental tension, agony and harassment and op has caused deficiency in service and unfair trade practice towards the complainant. Hence, this complaint.
3. Notice of the complainant was issued to the op through registered cover which was delivered to the op but none appeared on behalf of op and as such op was proceeded against exparte.
4. The complainant in exparte evidence has tendered his affidavit Ex. CW1/A and documents i.e. copy of invoice Ex.C1, copy of legal notice Ex.C2 and postal receipt Ex.C3.
5. We have heard learned counsel for complainant and have gone through the case file.
6. The complainant in order to prove his complaint has furnished his affidavit Ex. CW1/A in which he has reiterated all the contents of his complaint. He has also placed on file copy of invoice dated 07.07.2022 vide which the vehicle in question was purchased by complainant for an amount of Rs.10,98,913/-from op. According to the complainant, at the time of purchase of vehicle the op also obtained Rs.35,000/- for accessories of the vehicle and Rs.1,00,000/- for registration of the vehicle and the op assured him to get prepared registration certificate and also assured to provide second key of the vehicle, its accessories as well as bills but has failed to provide anything despite his several requests and visits and as such he had to purchase the accessories of the vehicle from outside. The pleadings as well as evidence of complainant remained unchallenged and unrebutted as op despite notice failed to appear and opted to be proceeded against exparte and as such it is proved on record that op has caused unnecessary harassment and deficiency in service towards the complainant.
7. In view of our above discussion, we allow the present complaint and direct the opposite party to make refund of the amount of Rs.35,000/- charged from complainant on account of providing accessories of the vehicle and also to provide registration certificate of the vehicle in question, second key and complete bills of the vehicle to the complainant within a period of 45 days from the date of receipt of copy of this order, failing which complainant will be entitled to receive the above said amount of Rs.35,000/- alongwith interest @6% per annum from the date of this order till actual realization. We also direct the op to further pay a sum of Rs.10,000/- as compensation for harassment and litigation expenses to the complainant within above said stipulated period. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced. Member Member President Dt. 08.02.2024. District Consumer Disputes
Redressal Commission, Sirsa
