Haryana

Karnal

CC/533/2020

Barinder Singh - Complainant(s)

Versus

Max Automobile - Opp.Party(s)

Kanav Deep Singh

23 Feb 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                          Complaint No. 533 of 2020

                                                          Date of instt.26.11.2020

                                                          Date of Decision 23.02.2021

 

Barinder Singh son ofShri Yadvinder Singh, permanent resident of VPO Pipaltha, Narwana District Jind, Haryana and presently residing at village Daniyalpur Tehsil and District Karnal (Aadhaar no.92899123627).

                                              …….Complainant.

                                              Versus

 

Max Automobiles (Authorized representative of Dealer Hero Motor Corp) near Court Complex Patran Road, Munak, Sangroor, Punjab-148033.

                                                                        …..Opposite Party.

 

      Complaint u/s 35 of the Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh.Vineet Kaushik ………..Member

              Dr. Rekha Chaudhary…….Member

 

 Present: Shri Kanav Deep Singh counsel for complainant.

                Opposite party exparte.

 

                (Jaswant Singh President)

ORDER:                    

 

                        This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 on the averments that complainant has purchased one motorcycle Hero Splendor plus from opposite party (herein after referred as to OP) on 31.01.2020 vide sale certificate no.62080BA20S277 for Rs.52780/- and this amount was paid in cash by the complainant to the OP. OP has not provided temporary number and insurance policy of the above motorcycle. As on that date it was told to complainant by OP that printers of the agency are not working properly and the person who issue insurance is not present. It was assured by the OP that OP will provide temporary number and insurance policy of the abovesaid vehicle to complainant on the very next day. On the next day i.e.01.02.2020 complainant approached the OP for receiving the temporary number and insurance policy, but it was again not provided by the OP. Thereafter, complainant requested the OP so many times to provide the said documents but OP lingered the matter on one pretext or the other. After some, due to pandemic situation of Covid-19 the whole country was under lockdown. After, lockdown complainant again approached the OP for providing the abovesaid documents, but OP failed to provide the documents. Then, complainant sent a legal notice dated 29.10.2020 through his counsel but it also did not yield any result. In this way there was deficiency in service and unfair trade practice on the part of the OP. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OP, who did not appear and proceeded against exparte, vide order of this Commission dated 18.01.2021.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A, tax invoice Ex.C1, sale certificate Ex.C2, Form-22 Ex.C3, affidavit regarding residence proof Ex.C4, legal notice Ex.C5, postal receipt Ex.C6 and registered AD Ex.C7 and closed the evidence on 04.02.2021 by suffering separate statement.

4.             We have heard the learned counsel of complainant and have gone through the evidence available on the file carefully.

5.             Learned counsel of complainant argued that complainant purchased one motorcycle Hero Splendor plus from OP on 31.01.2020 vide sale certificate no.62080BA20S277 for Rs.52780/-. OP has not provided temporary number and insurance policy to the complainant after repeated requests and visits. To prove his version complainant placed on record his affidavit Ex.CW1/A, tax invoice Ex.C1, sale certificate Ex.C2, Form-22 Ex.C3, affidavit regarding residence proof Ex.C4, legal notice Ex.C5, postal receipt Ex.C6 and registered AD Ex.C7.

6.             To rebut the evidence produced by the complainant, OPs did not appear and opted to be proceeded against exparte. Thus evidence of the complainant has gone completely unrebutted and unchallenged, therefore, there is no reason to disbelieve the same. It has been proved from Tax Invoice Ex.C1, sale certificate Ex.C2 and Form-22 Ex.C3 that the vehicle in question purchased by the complainant from OP but OP did not provide the temporary number and insurance policy to the complainant. It was the duty of the OP to provide the temporary number and insurance policy including all the requisite documents to the complainant at the time of purchasing of motorcycle on which basis complainant can apply Registration Certificate in the Registering Authority but OP failed to do so. Hence, the act of the OP amounts to deficiency in service and unfair trade practice for which complainant is entitled for issuance of temporary number and insurance policy of the motorcycle in question alongwith compensation and litigation expenses.

7.             In view of the above observations, we allow the present complaint and direct the OP to issue the temporary number and insurance policy of the motorcycle in question to the complainant. We further direct the OP to pay Rs.10,000/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expense. In case of any legal impediments in getting the registration of the vehicle in question with the Registering Authority, in that eventuality, OP is directed to refund the invoice amount i.e. Rs.52,780/- to the complainant on receiving the motorcycle from the complainant. This order shall be complied within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:23.02.2021                                                                     

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

 

 

 

(Vineet Kaushik)             (Dr. Rekha Chaudhary)

                     Member                         Member