Haryana

Panchkula

CC/261/2015

COL H.S. SANDHU. - Complainant(s)

Versus

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

COMPLAINANT IN PERSON.

01 Apr 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.             

                                                                  

Consumer Complaint No	:	261 of 2015
Date of Institution	:	20.11.2015
Date of Decision	:	01.04.2016

                                                                                          

Col. H.S.Sandhu s/o Sh.Gurdial Singh, R/o Flat # 39, GH-31, Sector-20, Panchkula.

 

                                                                                        ….Complainant

Versus

 

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

 

2.       RTA, Panchkula, 1^st 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. 

Defence of Op No.1 already struck off.

Op No.2 already ex-parte.

ORDER

(Dharam Pal, President)

 

1. The complainant has filed this complaint against the Ops with the averments that he deposited the fee of Rs.364/- on 28.02.2015 for High Security Number Plate of his vehicle No.HR 03 S 5419 to Op No.1 vide receipt No.PCK/CSH 33636 (Annexure C-1) dated 28.02.2015 but the High Security Number Plate has not been issued by the Op No.1. The complainant visited the office of Op No.1 six times to collect the number plate but in vain. The complainant also visited the office of Op No.2 in this regard but it could not help him. The complainant also made a written complaint on 15.09.2015 in this regard but to no avail. The complainant visited the office of Op No.1 in the first week of Oct, 2015 and Mr.Gaurav Ashish, owner of the firm, told him that the car registration plate would definitely be issued within one week but the same has not been issued. On 15.10.2015, the complainant again requested the Ops to issue the number plate but to no avail. As per policy by the authorities that “M/s Link Utsav is under obligation to install the High Security Number Plate on vehicles within 4 day of receiving payment failing which they are liable to pay penalty to customer at Rs.50/- per day for the first 7 days and thereafter Rs.75/- per day”. This act of the opposite parties amounts to deficiency in service on their part. Hence, this complaint.
2. The Op No.1 appeared on 28.12.2015. But thereafter, the Op No.1 has not appeared and has not filed any written statement within stipulated period and the defence of the Op No.1 was struck off vide order dated 17.02.2016.
3. Notice was issued to the Op No.2 through registered post. But none has appeared on behalf of the Op No.2, it is deemed to be served. The Op No.2 was proceeded against ex-parte vide order dated 28.12.2015.
4. The complainant has tendered the evidence by way of affidavit Annexure C-A alongwith documents Annexure C-1 to C-5 and closed his evidence.
5. We have heard complainant appearing in person and have also perused the record.
6. It is evident that the complainant had deposited fee of Rs.364/- qua high security plate for his vehicle No.HR 03 S 5419 with OP No.1 on 28.02.2015 as is evident through Annexure C-1. The grievance of the complainant is that the complainant had visited the office of Ops many 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 20.11.2015. As per notice of notice board (Annexure C-3) which provides that “M/s Link Utsav is under obligation to install the High Security Number Plates on vehicles within 4 days of receiving payment. Thereafter, they are liable to pay penalty to the customer at the rate of Rs.50/- per day for the first 7 days and thereafter Rs.75/- per day”. The complainant has also made written complaint to the Op No.1 for issuance of High Security Number Plate (Annexure C-2) but to no avail. The complainant has also filed his duly sworn affidavit (Annexure C-A).
7. Moreover, the Op No.1 did not file any written statement and the Op No.2 did not appear to contest the claim of the complainant and preferred to proceed against ex-parte, which draws an adverse inference against them. The non-appearance of the Ops despite notice shows that they have nothing to say in their defence or against the allegations made by the complainant. Therefore, the assertions made by the complainant go unrebutted and uncontroverted. However, during arguments the complainant has submitted that in the first week of Dec. 2015, he received a call from the Op No.1 that he can collect the number plate. But he did not collect the same as he has already filed the complaint before this Forum on 20.11.2015.
8. In view of the above discussion, we are of the opinion that the present complaint deserves to be allowed and the same is accordingly allowed. The Ops are directed to pay Rs.20,225/- (Rs.350 for 7 days @ Rs.50/- per day plus @ Rs.75/- per day for 265 days) upto 30.11.2015.
9. Let the order be complied with within the period of 30 days from the receipt of certified copy of this order. 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

01.04.2016         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