Punjab

Ludhiana

CC/21/537

Jagat Ram - Complainant(s)

Versus

Kishori automobiles - Opp.Party(s)

Mohit Vashisht

27 Jan 2023

ORDER

  DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:537 dated03.12.2021.                                                Date of decision: 27.01.2023.

 

Jagat Ram S/o. Sh. Sadhu Ram, r/o. House No.2611, Near Purani Gaushala, Machhiwara Khas, District Ludhiana.                                                                                                                                                 .…Complainant

                                                Versus

Kishori Automobiles, Auth. Dealer Royal Enfield Motors, Opposite Twin City Motors, G.T. Road, Khanna-141401.

                                                                                       …..Opposite party

Complaint Under Section 35 of the Consumer Protection Act.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Jagat Ram with Sh. Mohit Vashisht,                                                     Advocate.

For OP                           :         Sh. Mandeep Singh, Advocate.

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                In brief, the facts of the complaint are that on 16.01.2018, the complainant purchased new Royal Enfield Bullet 350 CC for a sum of Rs.1,15,940/- from the opposite party and the vehicle was insured for a period of two years on the same date. After the purchase, the opposite party said that they will call the complainant after the registration certificate is prepared. The complainant stated that after waiting for 45 days when no intimation was received then he approached the opposite party but the opposite party lingered on the matter and asked for 45 more days. Thereafter, the complainant again approached the opposite party after 50 days but they again lingered on the matter. Thereafter, the complainant had visited the opposite party on number of times and requested them for issuance of RC but the opposite party had given the time of March 2020 for giving the RC but in March 2020 the lockdown was imposed due to outbreak of COVID-19. Then after normalization of the things, the complainant visited the opposite party in October 2020 but the opposite party again sought time and requested to wait for some more time. In the month of January2021, the complainant again visited the opposite party but they assured the complainant to provide the RC in April 2021 but in April 2021, the opposite party had taken the defence of second wave of Corona Virus. Since March 2021, the complainant had been repeatedly visited the opposite party and requested for RC but they failed to do so. The said act and conduct of the opposite party amounts to deficiency in service and unfair trade practice on its part due to which the complainant has suffered mentally and financially. The complainant has also sent a legal notice dated 19.10.2021 through registered post through his counsel Sh. Mohit Vashisht, Advocate but no reply has been received from the opposite party. Hence this complaint whereby the complainant has prayed for issuing direction to the opposite party to refund the amount of Rs.1,15,490/- and also providing RC to the complainant along with compensation of Rs.50,000/- and litigation expenses of Rs.25,000/-.

2.                Upon notice, the opposite party appeared and filed joint written statement by assailing the complaint on the ground of maintainability, the complainant has no locus standi to file the present complaint against it and the complainant is stopped by his act and conduct from filing the said complaint. The opposite party alleged that it is only due to lapse and delay on the part of the complainant that his registration certificate has been delayed for a longtime as he has not followed the rules as prevalent with the Registration Authorities and has not got affixed HSRP (High Security Registration Plate)  as directed to him by the employees of opposite party. It is a rule prevalent that unless and until the complainant or any other customer who has purchased any vehicle has to affix the HSRP plates and after the affixation of those plates, officials of HSRP office has to update the status at m.parivahan.gov.in and only thereafter, the procedure of registration certificate commence by the registering authorities. Thereafter, the process of issuing the registration certificate started which takes almost 30 to 40 days. The opposite party further alleged that in the present case, the complainant has not got affixed the HSRP plates till March 2021 and after number of communications and requests made by the employees of opposite party, the complainant fitted the HSRP on 21.03.2022 and immediately thereafter, the officials of HSRP department uploaded the status and the registration authorities have approved the registration certificate immediately on 22.03.2022. The complainant has received the registration certificate by speed post on 27.04.2022. However, it is only due to the lapse on the part of the complainant, the RC has been delivered late and there is no fault of the opposite party. Moreover, the original registration certificate of the vehicle has already been issued to the complainant on the date of purchase of vehicle and the road tax was also deposited at the very same time. There is no fault on the part of the opposite party in issuance of registration certificate as the same has to be started only after affixation of HSRP plates on the vehicle.

                    On merits, the opposite party reiterated the crux of averments made in the preliminary objections. The opposite party averred that as and when the complainant is called to enquire about the RC then the officials of opposite party have always asked about the affixation of HSRP plates but no proper response was given by the complainant. The opposite party has denied any deficiency in service on its part and in the end, has also prayed for dismissal of the complaint.

3.                In support of his claim, the complainant tendered his affidavit Ex. CA in which he reiterated the allegations and the claim of compensation as stated in the complaint. The complainant also tendered documents Ex. C1 is legal notice dated 19.10.2021, Ex. C2is the postal receipt, Ex. C3 is the invoice dated 16.01.2018 issued by the opposite party, Ex. C4 is the copy of insurance policy w.e.f. 16.01.2018 to 15.01.2020, Ex. C5 is the copy of registration certificate No.PB43-E-0634 with issue date 12.04.2022, Ex. C6 is the copy of registration certificate No.PB43-E-0634 with issue date 21.04.2022 and closed the evidence.

4.                On the other hand, counsel for opposite party tendered affidavit Ex. RA of Sh. Bachitar Singh, Service Manager along with documents Ex. R1 is the copy of authority letter dated 18.05.2022, Ex. R2 is the copy of provisional registration certificate dated 08.07.2021, Ex. R3 is the copy of disclaimer dated 08.07.2021, Ex. R4 is the copy of fee paid to Transport Department, Samrala SDM, Ex. R5 is the copy of tracking record of RC on India post, Ex. R6 is the HSRP status of uploading, Ex. R7 is the copy of application, Ex. R8 is the copy of HSRP entry  and closed the evidence.

5.                We have heard the arguments of the counsel for the parties and also gone through the complaint, affidavit and annexed documents and written reply along with affidavit and documents produced on record by both the parties.      

6.                Perusal of the documents shows that the complainant raised the grievance through this compliant and prayed for directions to the opposite party for refund of whole amount of motor bike along with interest, providing of registration certificate along with compensation and litigation expenses. As per affidavit Ex. CA tendered by the complainant Jagat Ram, the complainant had received the original registration certificate. It was also stated at bar by the complainant that now he presses for the claim with regard to compensation and litigation expenses. The complainant purchased the motor cycle in January 2018 and it took about more than four years when he was able to receive the original registration certificate. The opposite party on the other hand has tried to explain the delay but the reasons so assigned are self contradictory and untenable. Due to non-providing of certification of registration, the complainant has been deprived of utilization of the said vehicle and as such, he is entitled to a composite compensation and litigation expenses of Rs.10,000/-.

7.                As a result of above discussion, the complaint is partly allowed with an order that the opposite party shall pay a composite cost of Rs.10,000/- (Rupees Ten Thousand only) to the complainant within 30 days from the date of receipt of copy of order failing which the complainant shall be held entitled for interest @8% per annum from the date of filing of this complaint till actual payment. Copies of the order be supplied to the parties free of costs as per rules. File be indexed and consigned to record room.

8.                Due to huge pendency of cases, the complaint could not be decided within statutory period.

 

(Monika Bhagat)          (Jaswinder Singh)                      (Sanjeev Batra)                          Member                            Member                                       President         

Announced in Open Commission.

Dated:27.01.2023.

Gobind Ram.

Jagat Ram Vs Kishori Automobiles                       CC/21/537

Present:       Complainant sh. Jagat Ram with Sh. Mohit Vashisht, Advocate.

                   Sh. Mandeep Singh, Advocate for OP.

 

                   The complainant along with his counsel closed evidence after tendering affidavit Ex. CA along with documents Ex. C1 to Ex. C6. Learned counsel for the OP closed evidence after tendering affidavit Ex. RA along with documents Ex. R1 to Ex. R8.

                   Arguments heard. Vide separate detailed order of today, the complaint is partly allowed with an order that the opposite party shall pay a composite cost of Rs.10,000/- (Rupees Ten Thousand only) to the complainant within 30 days from the date of receipt of copy of order failing which the complainant shall be held entitled for interest @8% per annum from the date of filing of this complaint till actual payment. Copies of the order be supplied to the parties free of costs as per rules. File be indexed and consigned to record room.

 

(Monika Bhagat)          (Jaswinder Singh)                      (Sanjeev Batra)                       Member                     Member                                       President         

 

Announced in Open Commission.

Dated:27.01.2023.

Gobind Ram.