THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR
Consumer Complaint No. 27-15
Date of Institution : 8.1.2015
Date of Decision : 5.05.2015
Prithvi Raj Sharma son of Sh. Girdhari Lal resident of House No. 4, Gali No.5, Prem Nagar, Batala Road, Amritsar
...Complainants
Vs.
The General Manager, Kosmo Hyundai, Ahuja Automobiles, Batala Road,Amritsar
Shri Tapan Beri Sales Head/Manager Kosmo Hyundai, Ahuja Automobiles, Batala Road, Amritsar
....Opp.parties
Complaint under section 12/13 of the Consumer Protection Act, 1986
Present : For the complainants : Sh. Varinder Pal Sharma,Adv.
For the opposite parties : Ex-parte
Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member &
Sh.Anoop Sharma,Member
Order dictated by :-
Bhupinder Singh, President
1 Present complaint has been filed by Sh. Prithvi Raj Sharma under the provisions of the Consumer Protection Act alleging therein that he purchased a car i-10 Magna from the opposite parties on 18.8.2014 at the price of Rs. 4,20,558/-. According to the complainant at the time of delivery of vehicle, the opposite party issued a temporary registration No. PB-02-BK-TEMP-1596 to the complainant which was valid from 18.8.2014 to 17.9.2014. Complainant has alleged that at the time of delivery of vehicle to the complainant, opposite parties commited that permanent registration certificate would be issued to the complainant within one month. But till today the same has not been issued . Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite parties to issue permanent certificate of registration in respect of the abovesaid vehicle. Compensation of Rs. 50000/- alongwith litigation expenses were also demanded.
2. Opposite parties did not appear despite service, as such it was proceeded against ex-parte vide order dated 4.2.2015.
3. In ex-parte evidence complainant tendered his affidavit Ex.C-1, copy of legal notice Ex.C-2, postal receipts Ex.C-3, copy of retail invoice Ex.C-4, copy of temporary registration Ex.C-5.
4. We have carefully gone through the averment of the complainant, arguments advanced by the ld.counsel for the complainant and have appreciated the evidence produced on record by the complainant with the valuable assistance of the ld.counsel for the complainant.
5. From the record i.e.averment of the complainant and the evidence produced on record by the complainant, it stands fully proved on record that the complainant got booked one i-10 Magna car with the opposite party as per order booking form Ex.C-6 on 16.8.2014 in which the opposite party has mentioned the Ex-Showroom price of the vehicle as Rs. 4,20,558/- with undertaking of comprehensive insurance of the vehicle shall be free of cost and road tax as well as registration charges shall also be free of cost and they received Rs. 4000/- from the complainant as booking amount. Consequently the complainant got i-10 Hyundai car from the opposite party on 18.8.2014 on payment of price of Rs. 4,20,558/- as per invoice dated 18.8.2014 Ex.C-4. The opposite party issued temporary registration of the vehicle to the complainant Ex.C-5 bearing Temporary Registration No. PB-02-BK-1596 which was valid for one month i.e. from 18.8.2014 to 17.9.2014 only . It was the duty of the opposite party to get the registration certificate of the vehicle of the complainant, issued from the Registering Authority i.e. DTO Amritsar on payment of road tax and other registration charges. All these documents have been duly proved by the complainant through his affidavit Ex.C-1. But the opposite party did not get the registration certificate of the vehicle of the complainant from the registering authority. The complainant also served legal notice to the opposite party dated 21.11.2014 Ex.C-2 through registered cover , postal receipt of which is Ex.C-3. But even then the opposite party neither submitted any reply to the notice nor handed over the RC of the vehicle in question to the complainant.
6. The evidence produced on record by the complainant remained unrebutted and unchallenged as none appeared on behalf of the opposite party to contest the claim of the complainant nor any person on behalf of the opposite party dared to file affidavit to rebut the claim of the complainant.
7. Consequently we allow the complaint ex-parte with cost and the opposite party No.1 is directed to get the vehicle of the complainant registered from the registering authority by making payment of road tax as well as other registration charges and hand over the RC of the vehicle to the complainant within one month from the date of receipt of the copy of this order. Opposite party No.1 is also directed to pay litigation expenses Rs. 1000/- to the complainant. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
5.05.2015 ( Bhupinder Singh )
President
( Kulwant Kaur Bajwa) (Anoop Sharma)
/R/ Member Member
