Order dictated by:
Ms.Rachna Arora, Member
1. Aman Nets & Textiles, complainant has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that the complainant purchased one vehicle i.e. Tiago XE (Pearl sent White) from the opposite party vide retail invoice No. VS/794 dated 24.2.2017. At the time of purchase the said vehicle got financed from HDFC Bank Limited and it was assured to the complainant that original registration cover alongwith insurance of the vehicle shall be handed over to him. Since the opposite party has already received the entire consideration amount from the complainant and the rest of the amount from HDFC Bank Limited . As such the opposite party was bound to hand over the RC and Insurance of the vehicle. The complainant time and again visited the opposite party with the request to give him original registration cover and insurance of vehicle but the opposite party had been putting off the matter on one pretext or the other . Vide instant complaint, complainant has sought for the following reliefs:-
- Opposite party be directed to hand over original registration cover and Insurance of the vehicle to the complainant ;
- Compensation to the tune of Rs. 50000/- alongwith adequate litigation expenses be also awarded to the complainant.
Hence, this complaint.
2. Opposite party did not opt to put in appearance despite service of notice, as such it was ordered to be proceeded against ex-parte.
3. In his bid to prove the case, Mrs.Amandeep Kaur, Proprietor of Aman Nets & Textiles, tendered into ex-parte evidence her duly sworn affidavit Ex.CW1/A, copy of invoice Ex.C-1, copy of statement of account Ex.C-2 and closed the ex-parte evidence.
4. We have heard the ld.counsel for the complainant and have carefully carefully gone through the record on the file.
5. From the appreciation of the facts and circumstances of the case, it becomes evident that complainant purchased one vehicle i.e. Tiago XE (Pearl sent White) from the opposite party vide retail Invoice No. VS/794 dated 24.2.2017 , copy of invoice is Ex.C-1 on record. The complainant got financed the said vehicle from HDFC Bank Limited and the entire consideration amount was paid to the opposite party. It was the case of the complainant that at the time of sale of vehicle, it was assured that the original registration cover alongwith insurance of the vehicle in the name of the complainant shall be handed over to him. But despite various requests, the original registration cover and Insurance of the vehicle have not been provided to the complainant.
6. The evidence adduced by the complainant has gone unrebutted on record as opposite party, despite due service, did not opt to appear and contest the complaint and thereby the opposite parties impliedly admitted the claim of the complainant, which further shows that the opposite parties had no defence to offer for contesting the case of the complainant. The very fact that opposite party has not been providing registration cover as well as Insurance of the vehicle despite making so many visits to the opposite party and due to non supplying of registration cover as well as Insurance of the vehicle the opposite party has caused mental harassment , tension as well as agony as the complainant has purchased the vehicle for his personal use but is unable to drive the vehicle on road in the fear of challan due to non availability of registration cover as well as Insurance of the vehicle. The counsel for the complainant submitted that all this amounts to deficiency of service on the part of the opposite party.
7. From the entire above discussion, we have come to the conclusion that the complainant purchased the aforesaid vehicle from the opposite party vide invoice exbt.C-1 for Rs. 3,88,123/- which as per version of the complainant is included with registration charges as well as Insurance of the vehicle. However, opposite party did not opt to appear and contest the complaint and thereby the opposite parties impliedly admitted the claim of the complainant. It was the duty of the opposite party to get the vehicle registered and get RC of the vehicle in question from the registering authority and hand over the same to the complainant as early as possible i.e. within one month .But the opposite party could not get the vehicle of the complainant registered from the registering authority and failed to provide the registration of the vehicle as well as Insurance of the vehicle to the complainant . All this amounts to deficiency of service on the part of the opposite party and the complainant was restrained to take the vehicle on road because of non availability of regular RC as well as Insurance of the vehicle.
8. Resultantly the complaint is allowed with costs and the opposite party is directed to immediately hand over the RC to the complainant and to pay compensation to the tune of Rs,. 5000/- to the complainant on account of mental harassment suffered by the complainant and the unfair trade practice adopted by the opposite party. Opposite party is also directed to pay litigation expenses Rs. 2000/- to the complainant. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
Dated : 13.6.2017
