| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION JALANDHAR. Complaint No.263 of 2019 Date of Instt.12.07.2019 Date of Decision:26.10.2021 Manoj Thakur age 30 years S/o Pulish Thakur, New Army Campus, Near IVY World School, Jalandhar C/o 56 APO Mobile No.77017-11400. ….. Complainant Versus Makkar Motors Private Limited, Jalandhar – Paragpur Highway, Near Paragpur Octroi Post, G.T. Road, Jalandhar, through its Director/ Authorized Representative. Mahindra & Mahindra Limited, Mahindra Towers, 5th Floor, Dr. G.M. Bhosale Marge, Worli, Mumbai – 400 008 India, through its Director/ Authorized Representative.
..…Opposite Parties Complaint Under the Consumer Protection Act. Before: Sh. Kuljit Singh (President) Smt. Jyotsna (Member) Present: Complainant in Person. Sh. Mohit Bhardwaj, Adv. Counsel for OP No.1. Sh. Subodh Kumar, Adv. Counsel for OP No.2. Order Kuljit Singh(President) The present complaint has been filed by complainant against the OPs on the averments that on 17.02.2018, he purchased from OP-1 a vehicle Mahindra KUV100/NXT/K8/6STR/Red, Chassis No.MA1VA2RBCJ6A86587, Engine No.PBJZA73038 for Rs.5,75,000/- in the name of NK Manoj Thakur, Jinedpur Begusarai, Rajpura, Bihar. After receipt the full & final payment of said vehicle, the OP-1 delivered the possession of vehicle alongwith delivery challan dated 17.02.2018 to complainant. At the time of issuance of delivery challan & possession of vehicle, the OP-1 handed over a Temporary Registration Certificate bearing No.PB08/Temp/CJ 1062 valid for 30 days from 17.02.2018 to complainant. When complainant asked for other related documents of vehicle such as invoice, form No.20, Form No.21 for applying permanent registration number of said vehicle, the OP-1 told the complainant that these documents are under process and same would be issued to complainant after one month and further assured the complainant to ply the vehicle on road as like as delivery challan, temporary registration certificate and the possession of the vehicle has been given to complainant. After one month, when the complainant went to take the said documents, the OP-1 told the complainant that the said documents are under process with OP-2, as soon as the OP-2 send the said documents, same would be supplied to complainant and further instructed the complainant to come after 15 days. After 15 days when the complainant went to take the documents from OP-1, OP-1 put the matter off and on the told the complainant to come after one month. After despite so many request and several visits made by the complainant, the Op-1 did not give the invoice and other related documents of the vehicle for registration to complainant. Complainant sent legal notice dated 29.11.2018 to Ops for delivery said documents. The OP-2 replied the notice vide their letter dated 11.12.2018 that “we are in the process of collecting relevant details from our concerned area office about the allegations/ statement made in the notice. This may take some time”. OP-2 again replied vide letter dated 18.12.2018 “that all the allegations made are against Makkar Motors Pvt. Ltd Jalandhar. The legal notice issued at the behest of your client does not contain a single averment against us and therefore does not warrant any reply whatsoever from us”. Due to none supplied the documents, the complainant has failed to apply for permanent registration certificate to concerned authority. As such, complainant become defaulter of delay period for none applying the RC due to non issuance of said documents by OP-1. The vehicle is financed with ICICI bank Ltd. Jalandhar. Complainant is paying installments regularly of vehicle to bank just to save defaulter-ship and on the other side the complainant is no taking any benefit and advantage of the vehicle for plying on road as the complainant fear that without RC the vehicle may be impounded by Traffic police at any time on road. Lastly, prayer has been made that the OPs be directed to given Rs.2,15,000/- to complainant i.e. Rs.50,000/- - approximate penalty to be imposed by District authority for late registration of vehicle, Rs.1,50,000/- for harassment, Rs.15,000/- as litigation expenses and direct the OP-1 to give the invoice and other complete related documents of vehicle i.e. Form No.20, Form No.21 etc. for applying RC. Upon notice, OP No.1 appeared and filed reply. Preliminary objections have been taken that complaint is not maintainable; complainant has not come with clean hands before this Commission; present dispute between complainant and Op-1 is nothing but just an outcome of the facts concealed by complainant; complainant has legal liability to pay outstanding amount Rs.25,691/- to the OP-1 and in order avoid that outstanding amount, complainant has filed this complain; complaint is a shear abuse of process of law. On merits, purchase of vehicle by complainant is admitted. It is admitted that complainant has asked for vehicle related documents such as invoice, form No.20 and 21 for applying permanent registration number of said vehicle. OP-1 has asked the complainant to deposit remaining amount of Rs.25691/- which was outstanding against the said vehicle and clear the said dues so the process followed and complainant supplied said demanded documents. The complainant has purchased the said vehicle from OP-1 for total amount of Rs.6,52,310/- out of which the complainant paid Rs.1,90,000/- as advance (Margin Money) and Rs.3,96,441/- through ICICI Bank. In this way, complainant paid Rs.5,86,441/- to OP-1. Accordingly, the OP-1 paid Rs.5,61,561/- to the CSD (Canteen Store Deptt.). Thereafter, CSD paid Rs.6,01,739/- out of Rs.6,52,310/- to the OP-1 including entire GST amount against the deposit of complainant which is Rs.5,61,561/- (including GST benefit to Army man that is the complainant) and remaining Rs.50,571/- was to be paid by complainant to OP-1. The amount of Rs.24,880/- was already lying with OP-1, accordingly after deducted the same the OP-1 claimed his remaining amount of Rs.25691/- from complainant. But the complainant kept on delaying the payment and did not clear the same amount till date that is Rs.24,880/-. The OP-1 was still ready to deliver the documents to complainant but the complainant was neither ready to take the documents nor he was willing to clear the dues. Other averments of complaint are denied and prayed for dismissal of complaint with costs. OP-2 has filed separate written statement and contested the complaint by filing preliminary objections that OP-2 is not responsible for any of the act, commissions and commission of any act by its dealer; the dealer accepts the consideration amount of vehicle and issues a receipt; there is no allegation of any mechanical or manufacturing defect in the vehicle therefore, no cause of action arises qua the answering OP to the file the instant complaint; as there is issued related to the documents of vehicle and is not relating to answering OP; the present complaint is not maintainable against answering OP, as no cause of action has arisen in favour of complainant. On merits, it is submitted that for the sake of clarification it is submitted that the manufacturing always deliver all the documents which are required to be given with the delivery of new vehicle to the dealer. Other averments of complainant are denied and prayed for dismissal of complaint with costs. In order to prove their respective versions, parties produced on the file their respective documents. Rejoinder to the written statements filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied those of the written statement. We have heard the argument from learned counsel for the respective parties and also gone through the case file very minutely. The complainant argued that after receipt the full & final payment of said vehicle, the OP-1 delivered the possession of vehicle alongwith delivery challan dated 17.02.2018 to complainant. At the time of issuance of delivery challan & possession of vehicle, the OP-1 handed over a Temporary Registration Certificate bearing No.PB08/Temp/CJ 1062 valid for 30 days from 17.02.2018 to complainant. When complainant asked for other related documents of vehicle such as invoice, form No.20, Form No.21 for applying permanent registration number of said vehicle, the OP-1 told the complainant that these documents are under process and same would be issued to complainant after one month and further assured the complainant to ply the vehicle on road as like as delivery challan, temporary registration certificate and the possession of the vehicle has been given to complainant. After one month, when the complainant went to take the said documents, the OP-1 told the complainant that the said documents are under process with OP-2, as soon as the OP-2 send the said documents, same would be supplied to complainant and further instructed the complainant to come after 15 days. After 15 days when the complainant went to take the documents from OP-1, OP-1 put the matter off and on the told the complainant to come after one month. After despite so many request and several visits made by the complainant, the Op-1 did not give the invoice and other related documents of the vehicle for registration to complainant. Complainant sent legal notice dated 29.11.2018 to Ops for delivery said documents. The OP-2 replied the notice vide their letter dated 11.12.2018 that “we are in the process of collecting relevant details from our concerned area office about the allegations/ statement made in the notice. This may take some time”. OP-2 again replied vide letter dated 18.12.2018 “that all the allegations made are against Makkar Motors Pvt. Ltd Jalandhar. The legal notice issued at the behest of your client does not contain a single averment against us and therefore does not warrant any reply whatsoever from us”. Due to none supplied the documents, the complainant has failed to apply for permanent registration certificate to concerned authority. As such, complainant become defaulter of delay period for none applying the RC due to non issuance of said documents by OP-1. The vehicle is financed with ICICI bank Ltd. Jalandhar. Complainant is paying installments regularly of vehicle to bank just to save defaulter-ship and on the other side the complainant is no taking any benefit and advantage of the vehicle for plying on road as the complainant fear that without RC the vehicle may be impounded by Traffic police at any time on road. On the other hand counsel for OP-1 argued that complainant has legal liability to pay outstanding amount Rs.25,691/- to the OP-1 and in order avoid that outstanding amount, complainant has filed this complain; complaint is a shear abuse of process of law. On merits, purchase of vehicle by complainant is admitted. It is admitted that complainant has asked for vehicle related documents such as invoice, form No.20 and 21 for applying permanent registration number of said vehicle. OP-1 has asked the complainant to deposit remaining amount of Rs.25691/- which was outstanding against the said vehicle and clear the said dues so the process followed and complainant supplied said demanded documents. The complainant has purchased the said vehicle from OP-1 for total amount of Rs.6,52,310/- out of which the complainant paid Rs.1,90,000/- as advance (Margin Money) and Rs.3,96,441/- through ICICI Bank. In this way, complainant paid Rs.5,86,441/- to OP-1. Accordingly, the OP-1 paid Rs.5,61,561/- to the CSD (Canteen Store Deptt.). Thereafter, CSD paid Rs.6,01,739/- out of Rs.6,52,310/- to the OP-1 including entire GST amount against the deposit of complainant which is Rs.5,61,561/- (including GST benefit to Army man that is the complainant) and remaining Rs.50,571/- was to be paid by complainant to OP-1. The amount of Rs.24,880/- was already lying with OP-1, accordingly after deducted the same the OP-1 claimed his remaining amount of Rs.25691/- from complainant. But the complainant kept on delaying the payment and did not clear the same amount till date that is Rs.24,880/-. The OP-1 was still ready to deliver the documents to complainant but the complainant was neither ready to take the documents nor he was willing to clear the dues. Further, the OP-1 has failed to produce any evidence stating that if it not received the total consideration amount from the complainant, then whey OP-1 delivered the possession vehicle to the complainant. From the letter dated 26.02.2021, issued by Canteen Store Department mentioning that the price of vehicle for CSD beneficiary was Rs.5,09,561/- and Makkar Motors has been paid Rs.6,01,745/- only including full GST against bill dated 31.01.2018 amounting to Rs.6,24,965/-. For the said document, it is clear that the complainant has paid the amount of vehicle in full. As such, an adverse inference drawn against OP-1.
10. Consequently, this complaint is partly allowed with directions to OP-1 to deliver a requisite document of the vehicle to the complainant without charging any cost from him enabling complainant to prepared registration certificate of vehicle in question. Amount of Rs.5,000/- allowed on account of mental harassment but Rs.2,000/- allowed as litigation expenses in favour of complainant and against OP No.1. The entire compliance be made within 45 days from the date of receipt of the copy of order. 11. Copies of the order be sent to the parties, as permissible, under the rules. This complaint could not be decided within stipulated time frame due to rush of work. 12. File be indexed and consigned to the record room after due compliance. Announced in open Commission 26th of October 2021 Kuljit Singh (President) Jyotsna (Member) | |
