Delhi

East Delhi

CC/600/2016

RAJ KUMAR - Complainant(s)

Versus

GOODMAN DEAL - Opp.Party(s)

05 Dec 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO.  600/16

Shri Raj Kumar

S/o Shri Raguraj

F-97, West Jyoti Nagar

Delhi                                                                           ….Complainant

Vs.

Good Man Auto Deal

756/198, Satnam Road

Jheel, Delhi – 110 051                                                     …Opponents

 

Date of Institution: 09.11.2016

Judgement Reserved on : 05.12.2017

Judgement Passed on: 05.12.2017

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

JUDGEMENT

          This complaint has been filed by Shri Raj Kumar against      M/s. Good Man Auto Deal (OP) under Section 12 of the Consumer Protection Act, 1986. 

2.       The facts in brief are that complainant Raj Kumar took auto loan from M/s. Good Man Auto Deal (OP) for a sum of Rs. 40,000/- against the vehicle no., DL-1RL-2140.  It was payable in 12 months in the installment of Rs. 4,000/- per month.  The complainant paid the loan and made a request to M/s. Good Man Auto Deal (OP) for issuance of NOC.  However, the same has not been given by them.  Thus, he has stated that the act of OP was unfair, illegal and amounts to deficiency in service.  Hence, he has prayed for direction to OP for issuance of NOC alongwith compensation of Rs. 70,000/- on account of harassment, mental agony and pain as well as Rs. 25,000/- as the cost of litigation.

3.       Notice of the complaint was given to OP which was served; however, they did not put the appearance.  Hence, they have been proceeded ex-parte.

4.       In support of its complaint, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the contents of the complaint.

5.       We have gone through the evidence and other documents and have perused the material placed on record as the complainant did not appear to argue.  From the documents placed on record, it is noticed that the complainant have paid an amount of Rs. 48,000/- to OP.  When OP have chosen not to appear, the testimony of the complainant has to be accepted as the same remains unrebutted evidence.  When the complainant have paid a total amount of Rs. 48,000/- and OP have failed to issue the NOC, certainly there has been deficiency on the part of OP.  By not issuing the NOC, the complainant have suffered mental pain and agony. 

          In view of the above, we order that M/s. Good Man Auto Deal (OP) shall issue NOC in respect of vehicle no. DL-1RL-2140, to the complainant.  We further direct that complainant be paid an amount of Rs. 10,000/- towards compensation on account of mental pain and suffering.  This includes the cost of litigation.    

          The order be complied within a period of 30 days, if not complied, the amount of compensation of Rs. 10,000/- shall carry 9% interest from the date of order.

          Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member 

           

     

      (SUKHDEV SINGH)

             President