Haryana

Panchkula

CC/218/2015

RAMCHANDER SAINI - Complainant(s)

Versus

LINK UTSAV REDISTRATION PLATES PVT.LTD. - Opp.Party(s)

COMPLAINANT IN PERSON.

01 Feb 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.         

                                                                                   

Consumer Complaint No	:	218 of 2015
Date of Institution	:	06.10.2015
Date of Decision	:	.01.02.2016

                                                                                                                 

Ram Chander Saini s/o Sh.Bhader Ram Saini, R/o H.No.766, Sector-21, Panchkula.

 

                                                                                                             ….Complainant

Versus

1.         Link Utsav Registration Plates Pvt. Ltd., First Floor, Bus Stand, Sector-5, Panchkula.

2.         RTA, Panchkula, First Floor, Bus Stand, Sector-5, Panchkula.

                                                                                          ….Opposite Parties

 

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Before:                       Mr.Dharam Pal, President.

Mrs.Anita Kapoor, Member.

                                    Mr.S.P.Attri, Member.

 

For the Parties:         Complainant in person. 

                                    OP No.1 already ex-parte.

None for the Op No.2.

ORDER

(Dharam Pal, President)

 

1. The complainant-Ram Chander Saini has filed this complaint under Section 12 of the Consumer Protection Act, 1986 against the Ops with the averments that he deposited the fee of Rs.365/- on account of fee of high security plate of his vehicle No.HR03N4988 with Op No.1 vide cash receipt No.CHD / CSH001 but high security registration plate of the said vehicle has not been issued by the Ops. The complainant visited many times to OP No.1 and 2 for getting the high security plate but    the same was not issued by the Op No.1.  The Op No.2 was also helpless. Thereafter, the complainant again visited the office of Op No.2 there an official of Op No.2 told the complainant to deposit the fee again. This act of the opposite parties amounts to deficiency in service on their part. Hence, this complaint.
2. Notice was issued to the Op No.1 through registered post but none has appeared on behalf of the Op No.1. It is deemed to be served and the Op No.1 was proceeded against ex-parte vide order dated 16.11.2015.
3. The Op No.2 appeared before this Forum and filed written statement. It is submitted that the HSRP has been affixed by the vendor on vehicle No.HR03N4988 on 16.11.2015. It is submitted that the clause 10.5.2.2 of the agreement dated 27.04.2012 provided as under:-

“If the­ High Security Registration Plate is not affixed by the Concessionaire within 4 (four) days (excluding Sundays and Gazetted holidays) of receipt of authorization from Registering Authority and depositing the price by the vehicle owner, then a rebate @ Rs.50/- (Rs.fifty) per day of delay per vehicle upto 7 (seven) days and thereafter @ Rs.75/- (Rs.seventy five) per day per vehicle shall be given by the Concessionaire to the vehicle owner. The amount thus worked out shall be refunded/paid to the vehicle owner by the Concessionaire.”

4. The complainant has tendered the evidence by way of affidavit Annexure C-A alongwith documents Annexure C-1 to C-4 and closed the evidence. On the other hand, authorized representative for the Op No.2 had made a separate statement in which he stated that the reply filed by the Op No.2 may be treated as evidence of Op No.2 and closed the evidence.
5. We have heard the complainant and have also perused the record carefully and minutely.
6. The complainant had deposited fee of Rs.365/- qua high security plate for his vehicle No.HR03N-4988 with OP No.1 on 18.03.2015 as is evident through Annexure C1.  The grievance of the complainant is that the complainant had visited the Ops many a times for affixing the high security registration plate on his vehicle but no action was taken by the OPs then he approached this Forum to redress his grievance by way of filing the present complaint on 06.10.2015. As per version of the OP No.2 said plate has been affixed by the vendor (OP No.1) on vehicle No.HR03N-4988 on 16.11.2015. The OP No.2 further mentioned that as per clause 10.5.2.2 of the agreement dated 27.04.2012 executed between OP No.1 and OP No.2 which provides that  “If the­ High Security Registration Plate is not affixed by the Concessionaire within 4 (four) days (excluding Sundays and Gazetted holidays) of receipt of authorization from Registering Authority and depositing the price by the vehicle owner, then a rebate @ Rs.50/- (Rs.fifty) per day of delay per vehicle upto 7 (seven) days and thereafter @ Rs.75/- (Rs.seventy five) per day per vehicle shall be given by the Concessionaire to the vehicle owner. The amount thus worked out shall be refunded/paid to the vehicle owner by the Concessionaire. From the material available on the case file it reveals that the Number plate was affixed on 16.11.2015 after the delay of 242 days which shows that the OP No.1 has violated the clause 10.5.2.2 of the agreement dated 27.04.2012 executed between the Ops. Since the OP No.2 is the principal of OP No.1 and the OP No.1 is its agent, therefore, the OP No.2 is also responsible for the act of its agent.  Hence, we have no hitch to reach at the conclusion that the Ops are deficient in providing service to the complainant within stipulated period despite charging fee thereof. Hence, the present complaint is allowed. Since the complainant had applied for the registration plate on 18.03.2015 and the same was affixed on 16.11.2015, therefore, as per clause 10.5.2.2 of the agreement dated 27.04.2012, the Ops are liable to pay the Rs.50/- for delay of first 7 days and thereafter Rs.75/- for delay of 229 days (total amounting to Rs.350+17175= 17525/-). We accordingly direct the Ops to pay Rs.17,525/- to the complainant within 30 days from the receipt of certified copy of this order failing which it will carry interest @ 9 % till realization.  A copy of this order be sent to the parties free of costs and file be consigned to the record room after due compliance.

 

 

 

ANNOUNCED

01.02.2016                S.P.ATTRI     ANITA KAPOOR           DHARAM PAL

                                    MEMBER                  MEMBER                        PRESIDENT

 

 

Note: Each and every page of this order has been duly signed by me.

 

     

                                         

                                                                        DHARAM PAL

                                                            PRESIDENT