Chandigarh

DF-II

CC/607/2018

Piyush Sharma - Complainant(s)

Versus

Maruti Suzuki India Limited - Opp.Party(s)

Jaswinder Singh Grewal Adv.

26 Sep 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	607 of 2018
Date  of  Institution	:	02.11.2018
Date   of   Decision	:	26.09.2019

 

 

 

 

1]  Piyush Sharma son of Sh.Anil Kumar Sharma,

2]  Shyamli wife of Piyush Sharma,

Both presently residing at Flat No.125, Ground Floor, Dream Homes, Kishanpura, Dhakoli, Distt. S.A.S. Nagar.

                 ……..Complainants

 

Versus

 

1]  Maruti Suzuki India Limited, through its Director/Authorised Official, 1 Nelson Mandela Road, Vasant Kunj, New Delhi 110070

2]  Autopace Network Pvt. Ltd., through its Director, Plot No.1112-113, Industrial Area, Phase-1, Chandigarh 160001

3]  General Manager, Autopace Network Pvt. Ltd., Plot No.112-113, Industrial Area, Phase-1, Chandigarh 160001

 

………. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN            PRESIDENT

SMT.PRITI MALHOTRA        MEMBER

            SH.RAVINDER SINGH         MEMBER

 

Argued by :

Complainant in person.

Sh.P.K.Kukreja, ADv. for OPs No.2 & 3.

Opposite Party No.1 exparte.

 

PER RAVINDER SINGH, MEMBER

 

         Briefly stated, the complainants, in response to the exchange offer advertisement of OPs, visited OPs NO.2 & 3 for purchase of car by exchanging his old Hyundai Santro Car bearing No.CH-03-K-9468.  It is averred that the OPs No.2 & 3 assessed the value of the old Santro Car owned by complainant No.1 and after adjusting the said value/cost, a new Wagon R VXI Car in the name of complainant No.2 was purchased.  Accordingly, complainant No.1 gave the custody of his said Santro Car to Opposite Party NO.2 on 2.7.2015, who issued a certificate to that effect (Ann.C-1).  The Officials of Opposite Parties NO.2 & 3 also got signature of complainant No.1 on some papers for transfer of ownership of said Santro Car.  However, the complainant was shocked to receive a call from some unknown person that he has been sold the said Santro Car by Opposite Parties No.2 & 3 and also handed over papers signed by complainant No.1 for transfer of ownership of said car.  The complainant No.1 contacted Opposite Parties NO.2 & 3 and agitated the matter with regard to not transferring the ownership of said Santro Car in their name since long and selling it to some other person, but they did not pay any heed. It is submitted that due to lack of interest on the part of Opposite Parties NO.2 & 3, the ownership of the said Santro Car, could not be transferred and Opposite Parties NO.2 & 3 are responsible for the entire harassment being caused to complainant No.1.  The complainant No.1 also sent a legal notice to Opposite Parties but to no avail, as a result, even after more than 3 years of said exchange of Santro Car in question, the complainant No.1 is the registered owner and it can be misused, under the name of complainant No.1, for any illegal act.  Alleging the said act & conduct of Opposite Parties as gross deficiency in service and unfair trade practice, therefore, the present complaint has been filed.

 

2]       Opposite Party No.1 did not turn up despite service of notice, hence it was proceeded exparte vide order dated 10.12.2018.

         OPs No.2 & 3 have filed joint reply and while admitting the factual matrix of the case, stated that for transferring the Registration Certificate of the Santro Car in question, the complainant No.1 has to sign certain important documents such as Form No.28, 29, 30, affidavit in favour of purchaser, affidavit for issuance of NOC, Attested ID proof etc. without which, the ownership could not be transferred in the RC. It is submitted that complainant No.1 failed to discharge his legal obligation and ultimately the RC validity period of the Santro Car had expired.  It is stated that the complainant intentional did not disclose the age of the vehicle.  It is stated that the vehicle in question is 2002 model and its Registration Certificate had already expired on completion of 15 years and without renewal of its RC, it cannot be utilized.  It is also stated that the renewal of the RC of Santro Car in question is not possible without appearance of the complainant No.1 in person before the concerned Registering Authority.  It is also submitted that the vehicle in question is neither roadworthy nor remained in use as its RC had expired. The vehicle is not mis-used and presumptions have been drawn without ulterior motive. Pleading no deficiency in service and denying all other allegations, the Opposite Parties No.2 & 3 have prayed for dismissal of the complaint. 

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the complainants in person, ld.Counsel for the OPs No.2 & 3 and perused the entire evidence on record.

 

5]       The complainants had handed over their Car Hyundai Santro bearing Regd. No.CH-03K-9648 to Opposite Parties No.2 & 3 on 2.7.2015 and adjusted its exchange value, as assessed by them, against newly purchased Wagon R VXI Car from OPs No.2 & 3.

 

6]       The Opposite Parties No.2 & 3/Autopace Network Pvt. Ltd. admittedly took the possession of the said Hyundai Santro car from complainants on 2.7.2015 (Ann.C-1).

 

7]       As per reply of OPs No.2 & 3, the said car was delivered to Mr.Deepak Verma, but the registration of the said car could not be transferred in the name of said person, due to lack of complete papers and formalities, said to be on the part of complainant No.1.

 

8]       The Opposite Parties No.2 & 3 by way of affidavit of Sh.Rakesh Kumar, Manager, Autopace Network Private, Chandigarh has deposed that the vehicle bearing Registration No.CH03K9468 having Engine No.G4HD2856974 and Chassis No.MAN8851HR2M291193*M has been destroyed into scrap and that Opposite Parties No.1 & 2 had cut engine plate and chassis number from the chassis so that the vehicle may not be again used in any manner.  It is also stated that the said vehicle is 2002 model and its Registration Certificate dated 22.1.2003 had already expired on completion of 15 years i.e. on 21.1.2018. The said car due to lack of renewal of registration certificate from Registering Authority, Chandigarh, stated to have been destroyed into scrap and as such, the said vehicle is no more in physical existence. 

 

9]       The Autopace Network Pvt. Ltd./OPs No.1 & 2 vide its certificate Ann.C-1, dated 2.7.2015 owned all responsibility for all kind of encumbrances/liabilities from 2.7.2015 i.e. the date of taking over the possession of Santro Car No.CH03K9468.

 

10]      The Registration Certificate of the car in question has been lapsed and never renewed.  The said vehicle has been dismantled, destroyed into scrap and is not in physical existence and as such, at this stage, the Opposite Parties cannot be compelled to get the said vehicle transferred from the name of complainant No.1.  To our view neither the Opposite Parties NO.2 & 3 can be directed for transfer of R.C. of the Santro Car in question nor Registering Authority concerned can be directed to get the RC of said vehicle renewed due to the fact of non-existence of the said vehicle itself due to destruction of same into salvage.

 

11]      It is also pertinent to mention that the complainant No.1, registered owner of the Santro Car in question, have never reported the fact of transfer of his vehicle in the name of Autopace Network Pvt. Ltd., as per provisions of Section 50 of Motor Vehicle Act, 1988, though the burden also lies upon him.  The complainants hae handed over their car to Opposite Parties No.2 & 3 on 2.7.2015, but they have filed the present complaint before this Forum on 2.11.2018 after an inordinate delay of more than three years.  The present complaint suffers from delay and laches and time barred. As such, the contentions raised in the present complaint, being unsustainable and without merit, are liable to be ignored.

 

12]      Taking into consideration the facts, as discussed above, the present complaint is dismissed being without any merit. No order as to costs.

          Certified copy of this order be sent to the parties, as per rules.

Announced

26^th September, 2019                                                            

Sd/-

 (RAJAN DEWAN)

PRESIDENT

                                                                                               

Sd/-

                                                                    (PRITI MALHOTRA)

MEMBER

 

 

Sd/-

(RAVINDER SINGH)

MEMBER