DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

BATHINDA

C.C. No. 322 of 02-12-2019

Decided on : 30-09-2021

Shiv Lal, aged about 55 years, S/o Sohan Lal R/o H. No. 183 Near Vishkarma Gurudwara Sahib, Bhagta, Tehsil Phul, District Bathinda.

.......Complainant

Versus

1. Honda Agency Pvt. Ltd., Mehraj, through Saleman Mehraj Honda

2. Bathinda Automobiles Pvt. Guru Kashi Marg, Near New Bus Stand, Bathinda, through authorised Signatory

   .......Opposite parties

Complaint under Section 12 of the Consumer Protection Act, 1986

QUORUM

Kanwar Sandeep Singh, President.

Smt. Sukhwinder Kaur, Member.

Sh. Shivdev Singh, Member.

Present

For the complainant : Sh. J N Sharma, Advocate.

For opposite parties : Exparte.

ORDER

Kanwar Sandeep Singh, President

1. The complainant Shiv Lal (here-in-after referred to as complainant) has filed this complaint U/s 12 of Consumer Protection Act, 1986 (Now C.P. Act, 2019, here-in-after referred to as 'Act') before this Forum (Now Commission) against M/s Honda Agency Pvt. Ltd., Mehraj & another, (here-in-after referred to as opposite parties).

2. In brief, the case of the complainant is that he purchased one Honda Activa vide Invoice No. PB04000318V2782 dated 15-11-2018 bearing Temp. Registration No. PB-03AG-8402, chassis No. ME4JF50BG17077002, Engine No. JF50E78077043, Colour PA white, from opposite party No. 1 delivered by opposite party No. 2. The payment of R.C. & insurance of the vehicle was paid by complainant separately as per demand as the same was to be handed over to complainant by opposite party No. 1 by registering the same with concerned registration authority within one month and the insurance of the vehicle with concerned Insurance company.

3. It is alleged that opposite parties No. 1 did not hand over R.C. & Insurance of the vehicle within stipulated period of one month. The complainant visited the office of the opposite parties many times and requested them to handover R.C. and Insurance of the vehicle, but the opposite parties did not give any response and ultimately on 1-10-2019, opposite parties refused to handover original documents of the vehicle. The complainant alleged that he requested the opposite parties to handover the original documents, so that he himself can get prepared RC and get insured the vehicle, but to no effect.

4. The complainant further alleged that all the original documents pertaining to the said vehicle are still in possession of the opposite parties due to which he cannot ply the vehicle on road. The complainant also got served legal notice on 11-10-2019 through his counsel, upon the opposite parties to handover registration certificate and insurance of the vehicle but no response to the said notice was received by him. Due to adamant attitude, act and conduct of the opposite parties, complainant has suffered mental tension, agony and loss of physical health.

5. On this backdrop of facts, complainant has filed this complaint with the prayer for directions to the opposite parties to supply original R.C. and pay compensation to the tune of Rs. 20,000/- to complainant.

6. Registered A.D. Notice of complaint was sent to the opposite parties. None appeared on their behalf, as such, exparte proceedings were taken against them.

7. The complainant led exparte evidence.

8. In support of his version, complainant tendered into evidence his affidavit dated 2-12-2019 (Ex. C-1), photocopy of Invoice (Ex. C-2), photocopy of legal notice and postal receipts (Ex. C-3 to 5).

9. We have heard learned counsel for complainant and gone through the file carefully.

10. In nutshell, the case of the complainant is that he purchased Activa Honda vide Invoice No. PB04000318V2782 dated 15-11-2018 (Ex. C-2) bearing Temp. Registration No. PB-03AG-8402 Colour PA white, from opposite party No. 1 delivered by opposite party No. 2. The grudge of the complainant is that at the time of purchase of vehicle in question, as per demand of the opposite parties, he paid charges for R.C. and insurance of the vehicle and opposite parties assured him to deliver the said original documents to him, but till date R.C. and insurance of the vehicle in question has not been handed over to him. The version of the complainant is that he made repeated requests to the opposite parties to handover him the original documents, so that he can himself arrange R.C. and insurance, but the opposite parties are not handing over the original documents to him.

11. To prove his case, complainant has placed on file Invoice dated 15-11-2018 vide which the vehicle in question was purchased. According to this document, an amount of Rs. 55,619/- was paid in cash to the opposite parties, out of which Rs. 43,452.13 is the basic price and after including 14% IGST and 14% CGST, net price/cost of the vehicle in question comes to 55,619/- for which invoice was issued and amount was paid in cash by complainant being the cost of vehicle. In addition to this invoice, complainant has placed on file copy of legal notice, got served upon the opposite parties, and its postal receipts. No other document is placed on file by complainant to prove that he paid any extra amount for R.C. and Insurance or any commitment was made by opposite parties to provide R.C and insurance of the vehicle in question. In such circumstances, it cannot be said there is any deficiency in service or unfair trade practice on the part of the opposite parties.

12. Resultantly, this complaint fails and is hereby dismissed with no order as to costs.

13. The complaint could not be decided within the statutory period due to heavy pendency of cases.

14. Copy of order be sent to the parties concerned free of cost and file be consigned to the record.

    Announced:-

    30-09-2021 (Kanwar Sandeep Singh)

    President

     

    (Shivdev Singh) (Sukhwinder Kaur)

    Member Member