Delhi

East Delhi

CC/77/2014

SUNNY - Complainant(s)

Versus

GRORAV MOTORS - Opp.Party(s)

07 Feb 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT OF NCT OF DELHI

                     CONVENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92

CC. No.77/14:

In the matter of:
Sh. Sunny Dua

S/o. Shri Inder Pal Dua

R/o- 10/50, Block-10,

Geeta Colony

Delhi – 110 031                                 

Complainant

Vs

Shri. Gaurav Grover (Owner/Proprietor)

Grover Motors,C-18/238, Shop No.8A,

Main Guru Nank Road,

Laxmi Nagar,

Delhi – 110 092

            Opposite Party         

                                                                                                                                               

                                                                                        Date of Admission-07/02/2014

                                                                                  Date of Order       -16/07/2015 SUBHASH GUPTA, MEMBER:

 

            The Complainant has filed the present complaint u/s 12 of The Consumer Protection Act, 1986 against the Respondent hereinafter to be referred as OP. The Complainant has alleged in the present complaint that he purchased one second hand  'Chevrolet Optra' Car bearing Registration No.DL3CAE1451 from OP which was earlier owned by M/s. Thomson Buisness Information India Pvt. Ltd. having their office at Janpath, New Delhi. The said car was purchased for a total consideration of Rs.1,80,000/ out of which Rs. 1,30,000/ was paid in cash and the remaining Rs. 50,000/ by way of a bearer cheque.  No dispute with regard to payment has been averred in the complaint.  The Complainant has alleged in the complaint that despite assurance by the OP he has not received the Registration Certificate of the said vehicle in his name due to which he cannot drive it on the road.  It is also alleged that a complaint was also filed with the police which is under investigation. The Complainant has claimed for directions to the OP to handover the Registration Certificate of the vehicle in question, compensation of Rs.2,00,000/ on account of mental agony and harassment, Rs.20,000/ as expenses incurred on maintenance of the car, Rs.5,000/ towards expenses incurred on insurance and Rs. 5,100/ towards cost of legal notice.

            Notice was served on the OP who though present on 27/03/2014 and 02/05/2014 chose not to file any reply to this complaint.

            We have gone through the complaint and documents filed alongwith the complaint. The documents placed on the file are Declaration of Sale of said Vehicle, Payment Receipt, Copy of Registration Certificate and other necessary documents required for the transfer of the said vehicle. An insurance policy dated 22/11/2011 issued in the name of the earlier owner has also been placed on file. The Complainant has also filed an insurance policy issued in his name by Reliance General Insurance Co. Ltd. valid from 24/01/2013 to 23/01/2014.  From the facts and documents placed on file the only issue involved is whether the OP was liable to get the Registration of the said vehicle transferred in the name of the Complainant.  There is not a single document on file which binds the OP to perform this obligation. The Cash Receipt do not create any privity of contract with the OP to get the vehicle transferred in his name.  Even otherwise all the transfer related documents were delivered to the complainant.  In fact he before filing of the present complaint on 07/02/2014 the vehicle was transferred in his name otherwise the insurance policy issued by Reliance w.e.f.  24/1/2013 to 23/01/2014 would not have been in existence, which he himself has filed alongwith complaint.

            In view of the above discussion, the present complaint is devoid of any merits and is frivolous and vexatious and, therefore, deserves to be dismissed and it is accordingly dismissed with punitive cost of Rs.5000/- to the complainant which he shall deposit in the CDRF Consumer Legal Aid Account within 45 days from the date of this order and its receipt of deposit shall be filed on record. In case the complainant fails to comply with the order it shall be recovered from him through the process of law. 

The copy of the order be sent to the parties as per rules.

 

(SUBHASH GUPTA)                   (POONAM MALHOTRA)                                        (N.A.ZAIDI)                                                                                                                                                                                                                                                             MEMBER                                     MEMBER                                         PRESIDENT