Delhi

North East

CC/52/2019

Santosh Kumar Sagar - Complainant(s)

Versus

Laxis Ecofuels - Opp.Party(s)

21 Nov 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.52/19

 

In the matter of:

 

	Santosh Kumar Sagar S/o RamjiLal, R/o A-3/489, NandNagri, Delhi-110093	Complainant
	Versus
	LaxisEcofuels 467, Dilshad Garden Opposite Red Cross Hospital Delhi-110095	Opposite Party

 

DATE OF INSTITUTION:     JUDGMENT RESERVED ON:                      DATE OF ORDER:

16.04.2019 14.09.2022 21.11.2022

 

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

ORDER

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 12 of the Consumer protection Act, 1986.

 

Case of the Complainant

1. The case of the Complainant as revealed from the record is that the Complainant is the owner of a car/Wagon R bearing Registration no. DL 5C J9275 having 2014 model. Complainant approached the Opposite Party on 15.04.2018 for installation of CNG kit in his car. Opposite Party demanded a sum of Rs. 36,000/- from the Complainant. The Complainant paid a sum of Rs. 36,000/- to the Opposite Party. Then the Opposite Party also assured that he would get the RC of the Complainant updated with insertion of CNG and get it issued from transport authority. The Complainant submitted his original RC and other documents like photocopy of PUC certificate, insurance as well as ID proof to the Opposite Party and Opposite Party assured Complainant to give new RC within 15 days with CNG inserted RC. The Complainant requested to give receipt but the Opposite Party just mentioned on the bill having invoice no. 918. The Complainant visited the shop of Opposite Party after 15 days on 30.04.2018 and requested them to give RC of the vehicle in question. Then the Opposite Party asked Complainant to come after one week. The Complainant once again visited on 10.05.2018 and continuously and regularly visiting the shop of the Opposite Party to get his new RC with CNG fitted. The Complainant has prayed to direct the Opposite Party to handover the RC of the Complainant having Registration no. DL 5C J9275 with CNG mentioned, Rs. 50,000/- towards compensation and mental harassment and Rs. 15,000/- towards litigation charges.

Case of the Opposite Party

2. The Opposite Party contested the case and filed written statement.  It is stated by the Opposite Party that the CNG kit was fitted according to the satisfaction of the Complainant and he had no any complaint regarding the CNG kit fitment in his car till date.
3. It is submitted that Opposite Party never assured the Complainant that he will get the RC of the Complainant updated with insertion of CNG and get it issued from the transport Authority, as the above said work not come under the Opposite Party as he have to prepare the papers/documents regarding the above said work and the same was handed over to the Complainant by the Opposite party for endorsement of his RC. The endorsement was to be done by the Complainant.
4. It is further submitted that the above said documents were never submitted by the Complainant to the Opposite Party as demanded by the Opposite Party on dated 15.04.2018, in writing from the Complainant i.e. RC original, PUC photocopy, Insurance photocopy, ID proof photocopy and the same is endorsed in the Challan No. 918, dated 15.04.2018 by the Opposite Party and the above said documents was never submitted by the Complainant.
5. It is submitted that the Opposite Party is suffering from kidney disease since March 2018 and was not able to operate his business properly and the Opposite Party was in loss in his business and was taking rest at home, due to the above said reason the above said shop was closed since September 2018. As the license of the above said firm of the Opposite Party was cancelled in August 2018, due to non-working.

Rejoinder to the written statement of Opposite Party

6. The Complainant filed rejoinder to the written statements of Opposite Party wherein the Complainant has denied the pleas raised by the Opposite Party and has reiterated the assertion made in the complaint.

Evidence of the Complainant

7. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Evidence of the Opposite Party

8. Opposite Party was granted last and final opportunity by the order dated 04.02.2020 to file evidence by way of affidavit. As that was third hearing and despite clear directions Opposite Party failed to file evidence by way of affidavit. Therefore, its right to file evidence by way of affidavit was closed vide order dated 19.02.2020

Arguments & Conclusion

9. We have heard the Complainant and we have also perused the file. The case of the Complainant is that he had approached the Opposite Party for installation of CNG kit in his car and Opposite Party assured him that he would get the RC of the Complainant updated with the insertion of CNG and get it issued from Transport Authority, on the payment of Rs. 36,000/- which was paid to the Opposite Party. The Complainant submitted his original RC and other required documents to the Opposite Party for getting new RC within 15 days with CNG inserted RC.  As per Opposite party that the CNG kit was fitted according to the satisfaction of the Complainant and he had no complaint regarding the CNG kit fitment in the car. It is further stated by the Opposite Party he never assured the Complainant that he will get the RC of the Complainant updated with the insertion of CNG and get it issued from the Transport Authority. Further it was submitted by the Opposite Party that required documents for change in RC was never submitted to the Opposite Party by the Complainant. It was also submitted by the Opposite Party that he is suffering from kidney disease since March 2018 and was not able to operate his business properly and shop was closed since September 2018 as his license was cancelled in August 2018 due to non-functioning of his establishment.
10. It is an admitted fact that Complainant approached the Opposite Party for installation of CNG kit in his car which is also admitted by the Opposite Party. It is also submitted by Complainant that Opposite Party did not fulfill his commitment for getting new RC with CNG insertion. On one hand Opposite Party contended that insertion of CNG was not within his scope of work, on the other hand he asked for documents i.e. RC original, PUC photocopy, Insurance photocopy, ID proof photocopy etc. from the Complainant. When work of change in the RC was not within Opposite Party’s scope of work, then why he was demanding the documents from the Complainant. Further, Opposite Party did not submit any documents regarding his illness or cancellation of his license.
11. In view of the above discussion, the complaint is allowed. Opposite Party shall handover the RC to the Complainant after getting necessary updation of CNG in RC of vehicle Registration no. DL 5C J9275 within one month from the date of the order and Opposite Party shall also pay an amount of Rs. 10,000/- towards compensation for deficiency in service and on account of mental harassment, litigation charges along with interest @ 6 % p.a. from the date of this order till recovery.
12. Order announced on 21.11.2022.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President