DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA.

Complaint No. CC/14/329 of 03/12/2014

Decided on 19/05/2015

Sarabjit Goraya aged about 45 years wife of Sh. Randeep Singh resident of Vill. Attewali, Tehsil and Distt. Fatehgarh Sahib. ….Complainant.

Versus

Hemant Goyal Motors Pvt. Ltd., Opp. S. S. T. Nagar, Rajpura road, Patiala through its Authorized Signatory.

….Opposite party.

Complaint under Sections 11 to 14 of the

Consumer Protection Act.

QUORUM

Sh. D. R. Arora, President Smt. Neelam Gupta, Member

Smt. Sonia Bansal, Member

Present:

For Complainant : Sh. B. S. Kahlon Advocate

For Opposite party : Sh. Gulshan Kumar, HR Manager/

Auth. representative of OP.

ORDER

NEELAM GUPTA, MEMBER:

1. The complainant purchased one Indigo Manza car bearing chassis no.MAT613040 CL06996, Engine no.101A20000232174 from Op on 22/06/2012 and at the same time the complainant sold his old Tavera Car to OP and adjusted the price of the said old car with the sale price of the new purchased car. At the time of the said purchase, the complainant also paid Rs.29500/- for the R.C. of the vehicle. It is averred that after receiving the amount of Rs.29500/-, OP gave assurance to the complainant that it will hand over the R.C. of the new purchased car to the complainant within one month. Thereafter, the complainant requested OP time and again to deliver the RC of the above said vehicle to the complainant but OP did not listen to the genuine request of the complainant rather it kept on putting off the matter under one pretext or the other, which amounted to deficiency of service on the its part.

2. On 22/05/2014, the complainant served a legal notice upon OP but to no use. The complainant underwent a lot of harassment at the hands of OP. Ultimately he approached this forum u/s 12 of the Consumer Protection Act 1986 ( for short the Act).

3. On notice, OP appeared through Sh. Gulshan Kumar, HR Manager / authorized representative and filed its reply to the complaint. After admitting that the complainant purchased one Indigo Manza Car from the OP on 22/06/2012, it is averred that the amount of Rs.29500/- deposited by the complainant was received by OP as booking amount and not as R.C. Charges which is very much clear from the contents of the receipt thereof. OP has produced the statement of account on record along with written statement, whereby a cash payment was made on 22/06/2012 and the rest of the amount was received till 04/07/2012 and thereafter an amount of Rs.99,120/- was refunded as excess amount by way of SBI cheque no.45395, but the complainant failed to disclose this fact in his complaint. After denying all other allegations going against the op, it was prayed to dismiss the complaint.

4. In support of his complaint, the complainant produced in evidence Ex.CA, his sworn affidavit, Ex.CB sworn affidavit of Dr. Dinesh Singh along with documents Ex.C-1 to Ex.C-5 and his counsel closed the evidence. On the other hand, counsel for OP tendered in evidence Ex.OPA, the sworn affidavit of Sh. Gulshan Kumar, HR Manager along with the document Ex.OP-1 and closed the evidence.

5. Parties filed written arguments. We have gone through the same, heard the counsel for the complainant and Mr. Gulshan Kumar, HR Manager of the OP and gone through the evidence on record.

6. Ex.C-1 is the copy of receipt whereby the complainant deposited a sum of Rs. Five lac with OP vide cheque no.476725 dt. 26/6/2012. Ex.C-2 is the copy of the receipt whereby, the complainant deposited an amount of Rs.29,500/- on 22/06/2012 with OP and it is specifically written in the receipt that this amount was deposited by the complainant on account of booking for Indigo Manza Aura, ABS, I/ Silver through Exe. Vishal. Ex.C-3 is the copy of the Certificate cum policy schedule of the vehicle issued by National Insurance Company Ltd. whereas OP has placed on record Ex.OP-1, copy of the Statement of account vide which a cash payment was made by the complainant on 22/06/2012 and the rest of the amount was received till 04/07/2012 and thereafter, an amount of Rs.99,120/- was refunded as excess payment by way of SBI Cheque no.045395. The receipt dt.22/06/2012 for Rs.29500/- which the complainant is claiming towards the payment of RC Charges pertains to the booking for Indigo Manza Car and the same is clearly written on the receipt. As such, it would appear that the complainant never deposited any amount with OP for getting the vehicle registered.

7. Moreover, as per Ex.OP-1, which is the statement of account, complainant never deposited any amount with OP for the registration of the vehicle. The complainant approached this Forum in the month of December 2014, i.e. almost 2 and half years after purchasing the vehicle. One really fails to understand as to why he remained silent for two and a half years. This fact would also go to belie the plea of the complainant.

8. In view of the aforesaid discussion, it would appear that the complaint of the complainant is without any basis and the same is dismissed accordingly.

Pronounced

Dated: 19/05/2015.

Sonia Bansal D. R. Arora Neelam Gupta

Member President Member