BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No  180 of 2015

Date of Institution: 25.03.2015

Date of Decision:8.12.2015

Jashinderpal Singh son of S. Rupinder Jeet Singh resident of Near Modgill Petrol Pump, G.T. Road, Rania, Dhariwal,Gurdaspur

Complainant

Versus

Lally Motors Pvt.Ltd., G.T. Road, Near Bye Pass,Amritsar through its Managing Director

Opposite Party

Complaint under section 11 and 12 of the Consumer Protection Act, 1986

Present:    For the Complainant                  :  Sh.Rajesh Chauhan,Advocate

                For the Opposite Party     : Sh.Vishal Gupta,Advocate

Quorum:

Sh.Bhupinder Singh, President

Ms.Kulwant Kaur Bajwa, Member

Sh. Anoop Sharma, Member

Order dictated by:

Sh.Bhupinder Singh, President.

1. Present complaint has been filed by Jashinderpal Singh under the provisions of the Consumer Protection Act alleging therein  that he purchased Honda City Car on 12.4.2014 from the opposite party on payment of Rs. 10,22,500. Apart from the aforesaid amount, complainant also paid to the opposite party Rs. 53,675/-, Rs.500/-, Rs.558/- and Rs. 10000/- for registration of the car.  Complainant has alleged that opposite party delivered the car to the complainant and assured that they would complete all the formalities for registration of the car and would hand over the RC to the complainant within a week. But the opposite party did not hand over the RC  of the car to the complainant. Complainant visited the opposite party number of times  and requested them to issue him RC , but to no avail. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite party  to give RC of the car to the complainant . Compensation of Rs. 80000/- alongwith litigation expenses were also demanded.
2. On notice, opposite party appeared and filed written version in which it was submitted that complainant has purchased the car in question from the opposite party after getting it financed from Punjab National Bank. It was denied that any assurance was given to the complainant to hand over the RC within a week. It was rather submitted that opposite party deposited registration charges/fee with the District Transport Officer, Amritsar well within time, but it was the complainant who demanded that he should personally pursue his case  of obtaining RC since he was interested in getting fancy number and as such opposite party cannot be claimed to be under any fault. While denying and controverting other allegations, dismissal of complaint was prayed.
3. Complainant tendered into evidence his affidavits Ex.CW1/A and Ex.CW2/A alongwith documents Ex.C-1 to Ex.C-6.
4. Opposite party tendered into evidence affidavit of Sh. R.P.Singh,authorized representative Ex.OP1 alongwith documents Ex.OP2 to Ex.OP7.
5. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsel for the  parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for both the parties.
6. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant purchased Honda City Car on 12.4.2014 from the opposite party on payment of Rs. 10,22,500/- vide invoice Ex.C-5. Apart from the aforesaid amount i.e. price of the car, complainant also paid to the opposite party Rs. 53,675/-, Rs.500/-, Rs.558/- and Rs. 10000/- for registration of the car. Opposite party delivered the car to the complainant and also issued temporary registration number PB-02-Temp-BV-3258 on 12.4.2014 vide certificate Ex.C-1 which was valid from 12.4.2014 to 11.5.2014. Opposite party assured that they would complete all the formalities for registration of the car and would hand over the RC to the complainant within a week. But the opposite party did not get the RC of the complainant prepared from the competent authority and delivered the same to the complainant. Ld. Counsel for the complainant submitted that all this amounts to deficiency of service on the part of the opposite party.
7. Whereas the case of the opposite party is that opposite party deposited registration charges/fee with the District Transport Officer, Amritsar well within time. But it was the complainant who demanded that he should personally pursue his case  of obtaining RC since he was interested in getting fancy number and thus delay, if any  , in preparation of the RC is due to the act on the part of the complainant. Ld. Counsel for the opposite party submitted that there is no deficiency of service  on the part of the opposite party qua the complainant.
8. It may be mentioned here that during the proceedings of this case opposite party got prepared the RC of the vehicle of the complainant and handed over the same to the complainant on 20.5.2015. Statement to this effect of complainant dated 20.5.2015 was recorded.
9. From the entire above discussion and facts of this case, it is clear that complainant paid all the charges/fee for the registration of the vehicle of the complainant to the opposite party  on 12.4.2014  when the opposite party delivered the vehicle to the complainant and also issued temporary registration number Ex.C-1. The opposite party  was,therefore, bound to furnish the permanent registration certificate of the vehicle of the complainant, to the complainant within one month from the date of delivery because the temporary RC of the vehicle  was going to expire after one month i.e. on 11.5.2014. But the opposite party handed over the permanent RC of the vehicle in question to the complainant on 20.5.2015 i.e. after a lapse of a period of about one year, as a result of which it was very risky for the complainant to drive the vehicle on road without RC. So certainly the opposite party is in deficiency of service qua the complainant.

10.     Consequently we partly allow the complaint with costs and the opposite party is directed to pay compensation  Rs. 5000/- to the complainant. 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. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

8.12.2015                                                             ( Bhupinder Singh )

President

/R/                        ( Kulwant Kaur Bajwa)           (Anoop Sharma)

Member                                   Member