Haryana

Ambala

CC/26/2022

Kashmir Singh - Complainant(s)

Versus

Honda Motor Cycle & Scooter India Pvt Ltd - Opp.Party(s)

Santosh Kumar

23 Apr 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	26 of 2022
Date of Institution	:	03.02.2022
Date of decision	:	23.04.2024

 

Kashmir Singh son of Sh. Som Nath, aged about 38 years, R/o Bazigar Mohalla, near Sewa Samiti School, Ambala Cantt.

……. Complainant

                                                Versus

1. Honda Motor Cycle & Scooter India Pvt. Ltd. C/o Commercial Complex II, Sector 49-50, Golf Course Extension Road, Gurugram, Haryana-122018 through its authorized representative.
2. Auto World, Authorized dealer of Honda Motor Cycle & Scooter India Pvt. Ltd C/o 116-B, Jawahar Lal Nehru Marg, Ambala Cantt. through its Proprietor.

….….  Opposite Parties

Before:        Smt. Neena Sandhu, President.

                      Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:-     Shri Gopal K. Sode, Advocate, counsel for the complainant.

                   Shri B.S. Garg, Advocate, counsel for the OPs.

 

Order:        Smt. Neena Sandhu, President.

                    Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To get corrected the registration of the Activa as valid carriage from the Registering Authority (MV) Ambala.
2. To refund the amount of Rs.2500/- paid by the complainant for repair of the vehicle in question
3. To pay compensation to the tune of Rs.4 lacs  as compensation for mental agony and harassment
4. To pay Rs.11,000/- as cost of Litigation.
382.  

Grant any other relief which this Hon’ble Commission may deems fit.

 

2.             Brief facts of the case are that the complainant is a physically disabled person and having 100% permanent disability for which he has a certificate issued by CMO, Ambala City. He wanted to purchase the Activa for him therefore, he approached OP No.2 and furnished his disability certificate and showed his desire to purchase the Activa made for physically challenged persons. The executive of the OP No.2 told complainant that the OPs would provide the Activa especially made for physically handicapped persons like complainant. As such he purchased Modified Activa model 6G DLX bearing Engine No. JA91EW1450692, Chassis No.ME4JF91HMW450592 on 23.08.2021 from  OP No.2 after paying cash of payment of Rs.79,109 (Ex Showroom Price, Insurance, R.C.) and modify charges of Activa to the tune of Rs.15,000/-. The said vehicle was got insured with Shriram General Insurance Co. Ltd. vide Policy No.102017/31/22/003817 dated 23.08.2021. At the time of selling said Activa,  OP No.2 told the complainant that the R.C. of said vehicle be collected after month. Unfortunately on 20.10.2021 the said Activa met with an Accident. The complainant approached  OP No.2 for the repairing of said Activa and  OP No.2 repaired the said Activa on receipt of Rs. 2500/-. The complainant applied for the insurance claim through the OPs but due to non availability of the Registration Certificate the executive of the Insurance Company  informed the complainant that "You have to wait for claim till the Registration Certificate be received from the Registration Authority". On 26.10.2021 the complainant received the Registration Certificate from the Registration Authority i.e. Registration No. HR85E3607 and sent the same to the Insurance Company but the insurance company repudiated the claim of complainant vide letter dated 30.10.2021 with remarks that "the accident had allegedly taken place on 20.10..2021 on scrutiny of the vehicle snaps it is found that the policy issued for Motorized two wheeler package policy whereas, the vehicle is modified for physically challenged persons and the vehicle should be registered at R.T.O. as in valid carriage and the vehicle is using without any endorsement. At the material time of accident in fact, it has been consistently used without any endorsement which is in serious violation of policy condition pertaining to limitation as to use" After rejection of claim, the complainant approached OP No.2 for correcting the registration certificate of Activa and to provide valid carriage Registration Certificate but OP No.2 did not pay any heed, Legal notice dated 29.11.2021 served upon the OPs also did not yield any result.  The complainant is a differently abled person. He earns his bread and butter by doing work as a typist in the Tehsil, Ambala Cantt. He toiled very hard to purchase the said Activa and he has sentiments associated with the said Acitva. Now, he is in dilemma and in a great fear to drive the Activa because, if he drives it, he may be fined by the police. Hence, the present complaint.
3.           Upon notice, OPs appeared and filed written version and raised preliminary objections with regard to not come with clean hands, time barred and bad for non-joinder etc.  On merits, it has been stated that the complainant never furnished his disability certificate to OP No.2. He had purchased general Activa from OP No.2 and got it insured from Shri Ram General Insurance Company. OP No.2 is not selling any modified Activa for physically handicapped persons nor has it received Rs.15,000/-  from the complainant for modification of the said Activa. The Activa of the complainant met with an accident and OP No.2 has repaired for which the complainant can get insurance claim from the insurance company and OP No.2 has nothing to do in the matter. OP No.2 never asked the complainant to collect RC. RC of the vehicle after registration is sent to the purchaser of the vehicle, by the Registering Authority, at his home through courier. OP No.2 has no relation, if the claim of the complainant has been rejected by insurance company. Rest of the averments of the complainant were denied by the OPs and prayed for dismissal of the present complaint with costs.
4.           Learned counsel for the complainant tendered affidavit of complainant as Annexure CW1/A alongwith documents Annexure C-1 to C-8 and closed the evidence on behalf of complainant. On the other hand, learned counsel for OPs tendered affidavit of Saurav Gandhi, Prop. of OP No.2-M/s Auto Worlds, 116-B, Jawaharlal Nehru Market, Ambala Cantt. as Annexure OP/A alongwith documents as Annexure OP/1 to OP/5 and closed the evidence on behalf of OPs.
5.           We have heard the learned counsel for the parties and have also carefully gone through the case file.
6.           Learned counsel for the complainant submitted that by  not  getting the vehicle in question registered as valid carrier from the Registering Authority concerned, the OPs have indulged into unfair trade practice and are also deficient in providing service, which has also caused financial loss to the complainant as his claim of repairs of the said vehicle stood rejected by the insurance company on the ground that the registration certificate has no endorsement on it regarding modification of the said vehicle.
7.           Learned counsel for OPs while reiterating their objections raised in  the written version submitted that OP No.2 is not selling any modified Activa for physically handicapped persons nor has it received any amount from the complainant to do so.  He further submitted that OP No.2 has repaired the accidental Activa of the complainant and for this the complainant can get insurance claim from the insurance company and OP No.2 has nothing to do in the matter. He further submitted that OP No.2 never asked the complainant to collect RC and the RC of the vehicle after registration is sent to the purchaser of the vehicle, by the Registering Authority, at his home through courier.
8.           It may be stated here that though the complainant in his complaint has specifically pleaded that the OPs assured him that they would provide him modified Activa for him as he is physically handicapped and as such was sold a modified Activa in question by OP No.2, yet, not even a single evidence in this regard has been placed on record by the complainant. In their written version the OPs have specifically denied that any such promise was even made to the complainant in that regard. Under these circumstances, the onus was upon the complainant to prove his case that the OPs had sold him modified Activa but he failed to do so. Furthermore, it is the own case of the complainant that he has got RC in respect of the general Activa from the Registering Authority on 26.10.2021. Thus, in the absence of any evidence with the complainant, to the effect that OP No.2 has sold him the modified Activa or that the OPs have ever committed to get the registration certificate endorsed as modified vehicle, no fault can be thrust upon the OPs in the matter. It is therefore held that if the claim of the complainant has been rejected by the insurance company on the ground that the endorsement qua the reasons that modified vehicle has not been got on the RC in question, the OPs cannot be held responsible for that. Even otherwise, the Hon’ble Supreme Court in the case titled as Regional Transport Officer vs K. Jayachandra Etc. on 9 January, 2019 Equivalent citations: AIR 2019 SUPREME COURT 362,  has held that the amended section 52(1) has specified the extent to which vehicle cannot be altered and that a reading of the provisions makes it clear that no vehicle can be altered in a manner where particulars in the certificate of registration are at variance with those “originally specified by the manufacturer”. Thus, if the complainant has got his vehicle modified, without any permission from the competent authorities, he cannot claim anything from the OPs, by way of this complaint.
9.           In view of peculiar facts and circumstances of this case, it is held that the complainant has failed to prove any deficiency in service or unfair trade practice on the part of the OPs. Resultantly, this complaint stands dismissed with no order as cost. Certified copies of the order be sent to the parties concerned as per rules.  File be annexed and consigned to the record room.

Announced:- 23.04.2024

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President