BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No. 307 of 2015
Date of Institution: 14.5.2015
Date of Decision: 10.5.2016
Pardeep Singh S/o S. Gurcharan Singh R/o Vill. Bhorcchi Rajput, H.No. 26, Amritsar
Complainant
Versus
- Kosmo Hyundai, Ahuja Auto Mobiles, Batala Road, Amritsar through its Managing Director
- TATA AIG General Insurance Company Ltd having its branch office Burj Punjab Building, 3rd Floor, District Shopping Complex, Ranjit Avenue, Amritsar Near Bank of India
Opposite Parties
Complaint under Consumer Protection Act, 1986
Present: For the Complainants : Sh.Rajwinder Singh,Adv.
For the Opposite Party No.1 : Sh.S.M.Vermani,Advocate
For Opposite party No.2 : Sh.Updip Singh,Advocate
Coram
Sh.S.S.Panesar, President
Ms.Kulwant Kaur Bajwa, Member
Sh.Anoop Sharma,Member
Order dictated by:
Sh.S.S. Panesar, President.
1. Pardeep Singh has brought the instant complaint under the Consumer Protection Act, 1986 on the allegations that the complainant purchased one Hyundai I 20 model No. Sportz 1.4 DLS BSIV Coral white car on 19.7.2014 from opposite party No.1 vide bill/invoice No. H2014 00120 for Rs. 7,25,752/-. The said vehicle was got financed by the complainant from HDFC Bank Ltd., Khalchian Branch, Amritsar, copy of the bill is attached. The complainant got the said vehicle insured from opposite party No.2 i.e. Tata AIG General Insurance Pvt.Ltd on 15.2.2014 vide vehicle Insurance Policy No. 010100825800. After receiving the payment from the complainant, opposite party No.2 issued requisite insurance policy, photocopy of the policy is attached. At the time of purchasing the abovesaid vehicle from opposite party No.1, opposite party settled the total amount of vehicle for a sum of Rs. 7,25,752/- including insurance of the vehicle alongwith registration fee of the same and other accessories . The original bill cum invoice dated 19.7.2014 is attached alongwith receipt of booking amount i.e. Rs. 10,000/- dated 11.7.2014, receipt dated 14.7.2014 for a sum of Rs. 1,35,000/-, another receipt dated 14.7.2014 for Rs. 2900/- and receipt dated 17.7.2014 are attached. Opposite party No.1 assured the complainant that original/permanent registration of the vehicle will be allotted to the complainant within a period of one month from the date of purchase. After the expiry of the period of one month, complainant approached opposite party No.1. But,however, it started making excuses on one pretext or the other. Opposite party No.1 started demanding Rs. 15000/- in addition from the complainant for registration of the vehicle in dispute. Inspite of the road tax and registration fee received by opposite party No.1 from the complainant, opposite party No.1 deliberately and fraudulently started demanding excess of Rs. 15000/- which it did not disclose the complainant at the time of purchase of the vehicle. The complainant confronted the said fact to opposite party No.1 . Opposite party No.1 clearly denied and stated that if the complainant wanted to get his vehicle registered, he will have to pay Rs. 15000/-. The complainant at the time of purchasing the vehicle paid Rs. 41,300/- vide receipt dated 18.7.2014 to opposite party No.1 regarding road tax and registration of the vehicle, copy of the receipt dated 18.7.2014 is attached. Opposite party No.1 issued temporary registration No. i.e. PB 02 BK 1512 to the complainant dated 14.7.2014, copy of the same is attached. Opposite party No.2 also deliberately issued the policy in wrong address i.e. Vill. Bhorcchi Rajput, Tehsil Batra, Distt.Gurdaspur, whereas the address of the complainant on the bill of the vehicle is Vill. Bhorcchi Rajput, H.No. 26, Amritsar. The complainant approached opposite party No.2 through opposite party No.1 to rectify this gross mistake made by the Insurance company but opposite party No.2 also did not listen to the genuine request of the complainant. Hence, this complaint.
2. Upon notice opposite parties No.1 & 2 appeared and filed separate written statements contesting the claim of the complainant.
3. In its reply, opposite party No.1 has admitted that the complainant purchased one Hyundai I 20 from opposite party No.1. The file of the complainant got misplaced , as a result of which the registration formalities could not be completed within time by opposite party No.1. Meantime the rate of tax got increased and the opposite party requested the complainant to bear one half of the increased tax and remaining one half opposite party agreed to bear. The complainant refused to bear the said increased charges and as a sequel thereto, opposite party No.1 agreed to pay the full increased tax and has already applied for RC from Punjab Transport Department. Opposite party No.1 undertook to deliver the same to the complainant as soon as it received the RC from Transport Department. As regard complaint with respect to insurance is concerned that is to be replied by opposite party No.2. However, opposite party No.1 is ready and willing to complete any formality at their end to redress the grievance of the complainant.
4. In its written reply, opposite party No.2 has stated that the complaint filed by the complainant is totally misconceived and is not maintainable. The complaint deserves to be dismissed with exemplary cost. No cause of action has been made out under the Consumer Protection Act, 1986 in favour of the complainant. The company has been impleaded without any verification and appreciation of the factual position by the complainant. The company states that it is neither aware of nor concerned with the alleged dispute between the complainant and opposite party No.1. The complainant’s vehicle Hyundai i20 was insured with opposite party No.2 and a cover note No. WM12863139 was issued by the dealer. Based on the details as recorded on the cover note and the information received through the dealer, a policy bearing No. 0101008258 was issued to the complainant by the company, copy of the policy is attached. On 9.9.2014 on receipt of an endorsement request received by the company from the dealer on behalf of the complainant for correction in address in the policy, the company corrected the address of the complainant and sent a letter of endorsement to the complainant on 17.9.2014. There is no force in the complaint and a prayer for dismissal of the complaint with cost was made.
5. In his bid to prove the case Sh.Rajwinder Singh,Adv.counsel for the complainant tendered into evidence affidavit of the complainant Ex.C-1, original registration certificate Ex.C-2, copy of receipt of Rs. 1,35,000/- dated 14.7.2014 Ex.C-3, copy of receipt dated 14.7.2014 of Rs. 2900/- Ex.C-4, copy of receipt dated 14.7.2014 of Rs. 52000/- Ex.C-5, copy of receipt dated 18.7.2014 of Rs. 41,300/- Ex.C-6, copy of temporary registration certificate Ex.C-7, copy of retail invoice dated 19.7.2014 Ex.C-8, copy of delivery challan dated 14.7.2014 Ex.C-9, copy of insurance cover note Ex.C-10, copy of receipt dated 11.7.2014 of Rs. 10,000/- Ex.C-11 and closed the evidence on behalf of the complainant.
6. To rebut the aforesaid evidence Sh.Vivek Vermani,Adv.counsel for opposite party No. 1 tendered into evidence affidavit of Sh.Som Nath Khosla,General Manager Ex.OP1/1 and closed the evidence on behalf of opposite party No.1.
7. Sh.Updip Singh,Adv.counsel for opposite party No.2 tendered into evidence affidavit of Sh.Sunil Khichar, Sr.Manager Legal Ex.OP2/1, copy of policy schedule Ex.OP2/2, copy of despatch register Ex.OP2/3, copy of letter dated 9.9.2014 Ex.OP2/4, copy of letter dated 18.6.2015 Ex.OP2/5 and closed the evidence on behalf of opposite party No.2.
8. We have heard the ld.counsel for the parties and have carefully gone through the record on the file.
9. On the basis of the evidence on record, ld.counsel for opposite party No.1 has vehemently contended that there is no dispute that the complainant purchased Hyundai i20 car from opposite party No.1 vide bill/invoice, copy whereof is Ex.C-8 on record. It is also not denied that opposite party No.1 received Rs. 41,300/- pertaining to road tax and registration charges from the complainant vide receipt dated 18.7.2014, copy whereof is Ex.C-6 on record. It is also in evidence that provisional registration certificate, copy whereof Ex.C-2 was issued in favour of the complainant. It is also in evidence that registration charges were later on enhanced by the Punjab Govt and on that account opposite party No.1 requested the complainant to bear ½ of the increased charges . But when the complainant did not agree to the proposal, opposite party No.1 applied for registration certificate on its own by bearing all the charges and the registration certificate on receipt from the concerned department, was handed over to the complainant in the Forum itself on 2.3.2016. It is contended that every formality required for registration certificate have been complied with by opposite party No.1 and the relief required vide instant complaint , has already been granted in favour of the complainant. It is contended that complaint deserves to be dismissed.
10. On the other hand counsel for opposite party No.2 also contended that on receipt of the recommendation of opposite party No.1, the requisite correction in the address of the complainant, has already been made long before filing the instant complaint. Even nothing is due to be done on behalf of opposite party No.2. There is no cause of action accruing to the complainant for filing any complaint against opposite party No.2 and it is requested that the complaint can be dismissed accordingly against opposite party No.2.
11. From the appreciation of the facts and circumstances of the case, no relief to the complainant qua opposite party No.2 is available vide instant complaint because the relief has already been provided to the complainant to his satisfaction and at the time of filing of the present complaint no such relief was available to the complainant. As such, complaint against opposite party No.2 is not maintainable and the same is hereby dismissed.
12. So far as relief of the complainant for grant of compensation is concerned, the registration certificate has admittedly been handed over to the counsel for the complainant only on 2.3.2016. At the time of purchasing the car in dispute, opposite party No.1 had promised to deliver the registration certificate of the car in dispute to the complainant within a period of one month from the date of purchase. However, opposite party No.1 did not initiate requisite procedure for grant of registration certificate in favour of the complainant during the period of one month, the rates for registration were enhanced by the State Govt. For that the complainant cannot be blamed. It was opposite party No.1 , which was negligent in performing its duty and it was opposite party No.1 which was to suffer on account of enhancement in registration charges. However, complainant had to wait for getting the requisite registration certificate of the vehicle uptil 2.3.2016. It is an admitted fact that the complainant could not use the vehicle uptil 2.3.2016 and had to suffer on that account. As such the complainant has made out a case for grant of compensation for that account against opposite party No.1.
13. Consequently instant complaint succeeds and opposite party No.1 is directed to pay compensation to the tune of Rs. 5000/- to the complainant on account of mental tension as well as economic loss accruing to the complainant . Litigation expenses are also assessed at Rs. 1000/- to be paid by opposite party No.1 to the complainant. Opposite party No.1 is given one month’s time from the date of receipt of copy of the order for compliance of the order ; failing which, awarded amount shall carry interest @ 6% p.a. from the date of passing of the order until full and final recovery. The complaint stands allowed accordingly against opposite party No.1 only. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Announced in Open Forum
Dated : 10.05.2016
/R/ ( S.S.Panesar )
President
( Kulwant Kaur Bajwa) (Anoop Sharma)
Member Member
