Amarjit Singh filed a consumer case on 18 May 2023 against M S Navdesh Autos in the Fatehgarh Sahib Consumer Court. The case no is CC/23/2022 and the judgment uploaded on 04 Jul 2023.
Punjab
Fatehgarh Sahib
CC/23/2022
Amarjit Singh - Complainant(s)
Versus
M S Navdesh Autos - Opp.Party(s)
Sh Vinay Sood
18 May 2023
ORDER
DISTRICT CONSUMER DISPUTES REDRESSAL
COMMISSION
FATEHGARH SAHIB.
Consumer Complaint No.
:
CC/23 of 2022
Date of Institution
:
24.03.2022
Date of Decision
:
18.05.2023
Amarjit Singh aged about 65 years S/o Mohinder Singh, Ward no.6 , Near Aam Khas Bhag, Preet Nagar, Fatehgarh Sahib.
…………....Complainant
Versus
M/s Navdesh Autos, LLP Plot No.B-27 , Industrial Area, Phase 3, Sector 58, Mohali-160055 through its MD/Authorized officer .
Chandana Yadav , Sr. Relationship Manger , M/s Navdesh Auto , LLP Plot No.B-27 , Industrial Area , Phase3 , Sector 58, Mohali-160055 98775-79089.
..………....... Opposite Parties
Complaint under Section 35 of Consumer Protection Act 2019
Quorum
Sh. S.K. Aggarwal, President
Ms. Shivani Bhargava, Member
Present: Sh.Vinay Sood, counsel for complainant.
Opposite parties Ex-Parte vide order dated 09.05.2022
The complaint has been filed against the OPs (opposite parties) under Section 35 of Consumer Protection Act-2019 alleging deficiency in service with the prayer for giving direction to provide the temporary number for the registration of the Vehicle , to pay Rs.1,00,000/- on account of mental tension , to pay Rs. Rs2,00,000/- for deficiency in service , to pay Rs.35,000/- for litigation expenses and to pay Rs.1,00,000/- as compensation .
The complainant purchased a Maruti E Eco Cargo AC CHG 1.2L having engine no.G12BN 965379 , Chasis no.MA3ERLFIS00947183 vide invoice dated 26.7.2021 for Rs.5,44,516/- from OP no.1. The complainant got the same financed from Indusind Bank for Rs.5,00,000/- . It was the duty of the Ops to issue the temporary number of Punjab State to the complainant. But the Ops had issued the Temporary number of Chandigarh due to which complainant is unable to get the vehicle registered in the state of Punjab . Despite repeated requests , the Ops failed to issue the temporary number of Punjab. The complainant got issued legal notice to Ops. The OP demanded Rs.5,000/- from the complainant for providing the temporary number of Punjab. But the complainant had paid the amount of Rs.1500/ - to the OPs via Google Pay phone no.9988670081 on 9.2.2023 but till date the Ops have not provided the temporary number. Hence this complaint.
Notice of the complaint was given to the OPs through registered Post . OPs did not come forward to contest the complaint and were proceeded against Ex-Parte vide order 9.5.2022.
In support his complainant , Complainant tendered in evidence his affidavit Ex.CW1/A, along with copies of documents i.e Ex.C1 sale certificate , Ex.C2 statement of account , Ex.C3 legal notice , Ex.C4 and Ex.C5 Postal receipts , Ex.C6 RC and closed his evidence.
Heard. Entire record has been perused.
Admittedly , the complainant purchased Maruti E Eco Cargo AC CHG 1.2L having Engine no.G12BN 965379 Chasis no.MA3ERLFIS00947183 on 26.7.2021 from OP1 as per Ex.C1. The complainant is resident of Fatehgarh Sahib but OP issued temporary number of Chandigarh so the complainant is unable to get the vehicle registered in the State of Punjab.
From the perusal of the record , we find that complainant paid temporary registration fee to OP1 as per Ex.C1. Complainant got his vehicle registered as per Ex.C6 thus vehicle is registered after 7 months . RC is required to run the vehicle legally . Ex-Parte evidence adduced by the complainant in support of his complaint goes unrebutted and unopposed in the absence of OPs. It raised a reasonable presumption that Ops remain deficient in providing service to the complainant. Due to the negligence of the OP1, the complainant suffered mental agony & inconvenience. The OP1 is held liable for deficiency in service.
As a corollary of our above discussion & Keeping in view the facts of the complaint , we allow the complaint partly. OP1 is liable to pay Rs.10,000/- as compensation.
Compliance of the order be made by the OP1 within a period of 30 days of receipt of certified copy of this order . Failing which the complainant shall be entitled to recover the above said amount through legalprocess. The complaint could not be decided within the statutory period due paucity of staff. File be consigned to record Room.
Pronounced 18 May 2023.
(S.K. Aggarwal)
President
(Shivani Bhargava)
Member
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