Punjab

Hoshiarpur

CC/15/8

Manorma Kalia - Complainant(s)

Versus

Hoshiarpur automobile - Opp.Party(s)

Sh. Sanjeev Bhardwaj

23 Feb 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM HOSHIARPUR

(3RD FLOOR, DISTRICT ADMINISTRATIVE COMPLEX, HOSHIARPUR)

C.C. No. 08/16.01.2015

Decided on : 23.02.2015

Manorma Kalia aged 54 years d/o Shambhu Nat Kalia c/o Kalia Nursing Home, Railway Road, Tehsil & Distt. Hoshiarpur.

Complainant

vs.

Hoshiarpur Automobiles Village Singriwala, Jalandhar Road, Hoshiarpur through its Prop.

Opposite party

Complaint u/s 12 of the Consumer Protection Act, 1986.

 

Quorum: Mrs.Vandna Chowdhary, Member.

              Mrs. Sushma Handoo,Member.

 

Present: Sh.Sanjiv Bhardwaj , counsel for the complainant.

             OP – exparte .

 

ORDER

PER SUSHMA HANDOO MEMBER

1. The complainant has filed the present complaint under Section 12 of the Consumer Protection Act,1986 against Hoshiarpur Automobiles through its Prop. (hereinafter referred to as OP, for short) praying for a direction to the OP to release the permanent registration certificate of the car, to return the amount of Rs 3,500/- and also to pay Rs 40,000/- as damages and Rs 15,000/- as litigation expenses.

2. Briefly stated, the case of the complainant is that she had booked one Maruti Salario Car from the OP on 19-03-2014 and paid Rs 10,000/- to the OP as booking charges. On 24-09-l4, the complainant purchased the said car and made total payment of Rs 5,22,023/-. The complainant also paid the registration charges of Rs 26,176/- . The complainant paid the entire payment on 25-09-14. It is further averred that the complainant paid Rs. 500/- as temporary registration charges and Rs 15,273/- as insurance charges. The OP also charged Rs 3,500/- as logistic charges. In the month of November 2014, the complainant approached the OP and requested it to handover the permanent registration certificate (RC) but the OP told him to come after one month. The complainant further requested it to return the amount of Rs 3,500/- charged as logistic charges but it flatly refused to return the same. After the lapse of one month, the complainant again approached the OP and requested to release the RC of her car and to return the amount of Rs 3,500/- but the OP refused to do so. It is further averred that the OP has already received the entire registration charges from the complainant on 26.9.2014 but is not providing the RC. Without RC , complainant is unable to ply the car which is lying in her garage . It is further averred that complainant being a gynecologist has to hire taxi to move anywhere. Due to non supply of RC by the OP, the complainant has spent Rs 10,000/- per month on the taxi charges. The complainant number of times requested the OP to handover the RC of the car and to return the amount of Rs 3,500/- but the OP flatly refused to accede the genuine request of the complainant which amounts to deficiency in service on the part of the OP. Hence the present complaint.

3. OP was served but it did not turn up so, it was proceeded against ex parte on 28.1.2015.

4. In exparte evidence, the complainant tendered affidavit Ex. C-1, copy of statement Mark C-2, copies of payment receipts Mark C-3 to Mark C-6, copy of statement Mark C-7, affidavit of Surjit Singh Ex.C-8, copies of receipts Mark C-9 to C-11 and closed the evidence.

5. We have heard learned counsel for the complainant and have very carefully gone through the affidavits and documents on the file.

6. Learned counsel for the complainant has argued on the lines of his pleadings by way of complaint and requested for the relief sought therein.

7. We have anxiously considered the contention of learned counsel for the complainant in the light of evidence on record and have found that the complainant has purchased Maruti Salario car from the OP on 19-03-2014 and paid Rs 10,000/- as booking charges vide receipt Mark C-3. On 24-09-20l4, the complainant purchased the said car and made total payment of Rs 5,22,023/-. Last payment was made on 26.9.2014 in which registration charges of Rs.26,176/- were also added. In the month of November 2014, the complainant approached the OP and requested it to handover the RC and to return the amount of Rs 3,500/- charged as logistic charges but it flatly refused to do so. It is further contended that the OP has already received the entire registration charges from the complainant on 26.9.2014 but is not providing the RC to him without which complainant is unable to ply the car and the same is lying parked in her garage . Averments in the complaint qua non supply of RC stand proved from the duly sworn affidavit of the complainant Ex.C-1 which has remained to be rebutted. However, in our opinion, the complainant is not entitled to logistic charges of Rs.3,500/- as she has already entered into the contract in this regard after having voluntarily making the payment of Rs.3,500/- to the OP without any protest. The complainant has placed on record affidavit of one Surjeet Singh, driver Ex.C-8 who has stated that complainant had hired his car for November, December, 2014 and January,2015 and placed on record three receipts of payment amounting to Rs.10,000/- each. However, complainant has failed to prove on record when and where she visited during that period by leading any evidence. Otherwise also, in the absence of any material to prove that she was actually prevented from plying the car for want of RC , she cannot be allowed amount which she has tried to prove to have paid to the aforesaid driver.

8. The OP was duly served but it did not care to contest the claim of the complainant and rebut the evidence led by her as aforesaid and as such it can be concluded without any hesitation that either the OP admits the claim of the complainant or it has nothing to say with regard to non issuance of RC to the complainant. In this way, the evidence led by the complainant to this effect goes unrebutted and unassailed and OP is found deficient in providing the service to the complainant . Therefore, the OP is liable to issue RC to the complainant immediately and also liable to pay appropriate compensation and litigation costs.

9. As a result of our above discussion, the complaint filed by complainant is partly accepted ex parte and the OP is directed to handover registration certificate (RC) of the car to the complainant immediately on receipt of copy of this order. The OP is also directed to pay Rs.5,000/- as compensation and litigation expenses within one month from receipt of such copy failing which OP shall be liable to pay interest @ 9% per annum on the aforesaid amount of Rs.5,000/- from the date of order till realization. Copy of the order be sent to the parties free of cost. File be consigned to the record.

Announced.

23.02.2015

 

(Mrs.Vandna Chowdhary) (Mrs. Sushma Handoo)

 Member                                 Member

SS