BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.115 of 2015

Date of Instt. 20.3.2015

Date of Decision :25.05.2015

Harminder Kaur aged about 44 years wife of Ashwani Kumar R/o Ward No.2, Ram Nagar Colony, Jalandhar.

..........Complainant

Versus

Lovely Autos, Dr.Ambedkar Chowk, Jalandhar through its Mg.Director/Authorized Signatory.

.........Opposite party

Complaint Under the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Sh.Vishal Chaudhary Adv., counsel for complainant.

Sh.AK Gupta Adv., counsel for opposite party.

Order

J.S Bhatia (President)

1. The complainant has filed the present complaint under the Consumer Protection Act, against the opposite party on the averments that in the month of September, 2014, the complainant visited the showroom of opposite parties as she wanted to purchase a new car for her personal use and when the representative/sales person come to know that the complainant wants to purchase a new car then the salesman of opposite party told about the features of Maruti Swift ZDI and the complainant make up her mind to purchase the said car. It is mentioned that the sales person also told the complainant that if the complainant purchase the car before 8.10.2014, then the complainant has to pay only 6% of the amount of the car for the registration of the car. After that the complainant again visited the showroom of opposite party on 8.9.2014 for the purchase of Maruti Swift Car ZDI after completing all the formalities for loan of the said car. On the same day, complainant produced all the documents for the purchase of car from the opposite party vide invoice No.REC-14007301 dated 8.9.2014 amounting to Rs.6,91,598/- vide banker cheque No.031145 dated 8.9.2014 and the complainant also paid Rs.57,500/- to the opposite party for registration of the said car and also paid insurance amount of the said car and also paid for the temporary number of the said car and as per the rules of District Transport Authority, the complainant paid 6% of the invoice value for the registration certificate of the said car as the dealer has to submit the documents for the registration of the said vehicle before the District Transport Authority and it is the duty of the seller to submit the registration charges to District Transport Authority online on the same day. On the same date, the opposite party delivered the said car to the complainant and assured the complainant that the opposite party will deposit the registration charges to the District Transport Authority on the same date i.e 8.9.2014 and the opposite party told the complainant to come after 15 days for receiving the registration certificate from opposite party. After 15 days, when the complainant visited the showroom of the opposite party for receiving the registration certificate of the said car, then opposite party told the complainant to come after 30 days. Then after 30 days, the complainant again visited the showroom of the opposite party for receiving the registration certificate of the said car but the opposite party told the complainant that registration certificate has not been delivered as the rate of registration was revised/increased to 8% instead of 6%. But the complainant told the opposite party that she has deposited the charges for registration already and it is also mentioned that on 8.9.2014 the charges of registration was @ 6% which were already deposited by the complainant to the opposite party but the opposite party never deposited the same with the District Transport Authority and when the complainant requested that it is the duty of the opposite party to deposit the same with District Transport Authority, the opposite party put the matter on one pretext or other and they also refused to listen the genuine request of the complainant and also refused to make the payment of registration charges. There is deficiency in service and unfair trade practice on the part of opposite party for not making the payment in time to the District Transport Authority. On such like averments, the complainant has prayed for directing the opposite party to deliver the registration certificate of the above said car. She has also claimed compensation and litigation expenses.

2. Upon notice, opposite party appeared through counsel and counsel for the opposite party tendered the original certificate of registration which was received by counsel for the complainant before this Forum on 31.3.2015. Statement of counsels for both the parties in this regard were recorded. Counsel for the opposite party further made a statement that he does not want to file any written statement as the opposite party has already deposited the original RC of the vehicle in question.

3. In support of her complaint, learned counsel for complainant has tendered into evidence affidavit Ex.CW1/A alongwith copies of documents Ex.C1 to Ex.C5 and closed evidence.

4 We have carefully gone through the record and also heard the learned counsels for the parties.

5. The facts involved in the present case are not much disputed. The complainant purchased the above said car from opposite party on 8.9.2014 vide retail invoice Ex.C1. He paid registration charges to the opposite party at the time of purchase of the vehicle. The grievance of the complainant is that the opposite party did not deliver the certificate of registration to the complainant in time as the registration charges were increased by State Government from 6% to 8% subsequently. However, after appearance learned counsel for the opposite party has given the certificate of registration to the complainant through her counsel on 31.3.2015. The car was purchased on 8.9.2014. So the RC was delivered to the complainant after about six months and that too after filing of the present complaint. So for getting certificate of registration from opposite party, the complainant had to file the present complaint. Non delivering of RC to the complainant in time, constitute deficiency in service.

6. In view of above discussion, the present complaint is accepted and opposite party is directed to pay Rs.5000/- in lump sum on account of compensation and litigation expenses to her. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Jyotsna Thatai Jaspal Singh Bhatia

25.05.2015 Member Member President