1. The brief fact of the case of complainant is that on May 2019, he purchased one Tractor from the O.P. No.1 which was delivered from the showroom of O.P. No. 2 under finance of Rs. 6,42,000/- which includes the Ex-showroom price of Rs. 5,60,000/- and Registration charges of Rs. 52,000/- and paid Rs. 1,95,000/- towards down payment and received only hand written receipt without any proper receipt memo.  It is alleged that though he has depositing the financial dues till today, but the O.Ps did not hand over the relevant documents inspite of several approaches. It is also alleged that though he has paid Rs. 52,000/- towards registration of the vehicle, on 02.03.2020 the O.Ps again demanded Rs. 35,000/- towards registration of the vehicle and with much hesitation, complainant paid the same through the cheque, but the O.Ps still did not provide him the relevant documents of the vehicle.Thus alleging deficiency in service he filed this case with a prayer to direct the O.Ps to hand over the relevant documents, to refund Rs. 35,000/- and to pay Rs. 1,00,000/- and Rs. 20,000/- towards costs of litigation.

2. The O.P. No. 1 being the local party and an associate of O.P. No.2, though received the notice from the Commission, but did not choose to appear in this case, nor filed their counter version nor participated in the hearing also, as such we lost every opportunities to hear from them.

3. Notice sent to O.P. No. 2 through speed post vide R.L. No.  RO045656953IN dated 24.06.2021 was validly served on the O.P.No.2, but they did not choose to appear in this case, nor filed their counter version nor participated in the hearing also, as such we lost every opportunities to hear from them. 

4. Since the O.Ps were absent throughout the proceeding, the allegations of complainant made against the O.Ps remained unrebutted and unchallenged.  During hearing, only complainant is present.  Heard from him and perused the case record and documents available therein.

5. It is an evidentiary fact that the complainant purchased the alleged tractor from the O.P. No. 1, being delivered from the showroom of O.P. No. 2 under finance.  Complainant filed document to that effect.  The allegations of complainant is that though he has paid down payment of Rs. 52,000/- towards registration of the alleged vehicle on the day of finance of the vehicle, but on 02.03.2020 on demand of O.Ps he again paid Rs. 35,000/- towards registration of vehicle.Complainant filed state of account of his bank account available with the Bank of Boroda to prove his submissions.It is ascertained from the said document that on 02.03.2020 an amount of Rs. 35,000/- was debited into the account of O.P.Since the O.Ps did not appear throughout the proceeding, we lost opportunities that why they have taken Rs. 35,000/- ? Since no contradictions were made out by the O.Ps, we have no hesitation to disbelieve the versions of complainant and came to the conclusion that the O.Ps have nothing to say about the fact and have illegally taken the aforesaid amount of Rs. 35,000/- towards registration for second time, whereas already the vehicle was financed to the on road price of the vehicle, which is purely unfair trade practice on the part of the O.Ps. In this connection, we have fortified with the verdicts of the Hon’ble National Commission in the case between Urban Improvement Trust, Bikaner, Rajasthan Vrs Babu Lal and Another that “Unrebutted averments shall be deemed to be admitted.”

6. Further is the duty on the part of the O.Ps. when the complainant received his vehicle, they should provide the copy of each and every documents to the complainant, but without doing so the O.Ps have played hide and sick game with the complainant only to extract excess money, which is also no fair. 

7. It is also observed that without any relevant M.V. documents, it is quite impossible for the complainant to run the vehicle on  road and for such act of the O.Ps, complainant must have suffered some sort of mental agony and physical harassment, which compelled him to knock the door of the Commission by incurring some expenses.  Hence this order.

                                                                                                          ORDER

               The complaint petition is allowed in part.  The O.Ps being same and one organization, are herewith directed to handover all the relevant documents of the alleged vehicle to the complainant and to refund the excess amount of Rs. 35,000/- being received by them and also to pay Rs. 10,000/- towards compensation for causing mental agony and physical harassment and also to pay Rs. 3,000/- towards cost of litigation.  All the directions should be complied within 45 days from the date of receipt of this order, failing which, the excess amount of Rs. 35,000/- shall carry interest @ 10 % per annum from 02.03.2020 till actual payment.

        Pronounce the order in the open Commission on the 9^th day of December, 2021.  Issue free copy to the parties concerned.