DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA. Complaint No. CC/010/539 of 13.7.2010 Decided on: 1.9.2010 Satnam Singh son of Sh.Joginder Singh, resident of village Banur, Tehsil Rajpura, District Patiala. -----------Complainant Versus M/s Mehar Autos Mobiles Pvt.Ltd.NH-64,near Railway crossing/Mukat Public School,Rajpura Tehsil Rajpura,District Patiala. ----------Opposite party. Complaint under Sections 11 to 14 of the Consumer Protection Act. QUORUM Sh.Inderjit Singh, President Sh.Amarjit Singh Dhindsa,Member Smt.Neelam Gupta, Member Present: For the complainant: Sh.Satnam Singh, Advocate For opposite party: Ex-parte ORDER SH.INDERJIT SINGH, PRESIDENT Complainant Satnam Singh has brought this consumer complaint under Sections 11 to 14 of the Consumer Protection Act,1986 as amended up to date ( hereinafter referred to as the Act) against the opposite party fully detailed and described in the head note of the complaint. 2. As per averments made in the complaint the case of the complainant is like this:- That the complainant purchased motor cycle Bajaj Platinum on 19.3.2010, engine / chassis No. JKUBSMO-6435/MD2DD JKZZSPMO6364 for Rs.35500/- from opposite party and had paid total cost of M/cycle alongwith Rs.3500/- for getting registration number issued from the Licencing/Registration Authority, Rajpura. That the opposite party issued temporary No.PB11A 9645 and issued challan got the vehicle insured from “The New India Insurance Co.” and the opposite party promised to issue the R/c within 15/20 days. That the complainant approached to the opposite party Automobile agency and requested to either give the R/c of the M/cycle or to issue original bills, form No.21,22 and other relevant documents required for new R/c of the M/cycle alongwith Rs.3500/- taken for making registration certificate. That the complainant lastly approached to opposite party on 27.10, but the opposite party/his employee did not give either registration certificate nor positive satisfactory reason why the registration certificate is not issued, so the complainant got served legal notice dated 27.10, and after receiving the notice the opposite party made call to the counsel of the complainant on 5.7.2010 at about 2.25pm and then to the complainant using wrong language and refusing to issue bill etc. or registration certificate or Rs.3500/- and to take back the motor cycle forcibly. Hence this complaint. 3. Notice of the complaint was given to the opposite party wherein the opposite party was directed to put in appearance in the Forum on 25.8.2010 but it having failed to put in appearance was proceeded against exparte on 25.8.2010. 4. In order to prove his case the complainant has tendered in evidence his affidavit,Ex.C1, copy of temporary no.,Ex.C2, copy of challan,Ex.C3, copy of insurance policy,Ex.C4, copy of notice dated 2.7.2010,Ex.C5, postal receipt,Ex.C6 and affidavit of Gurinder Singh,Ex.C7. 5. The complainant has filed the written arguments. We have gone through the same and have also heard the learned counsel for the complainant. 6. The case of the complainant is that he had purchased motor cycle Bajaj Platinum on 19.3.2010 for Rs.35500/- from opposite party and had paid total cost of motor cycle alongwith Rs.3500/- for getting registration number issued from the Licencing/Registration Authority, Rajpura. It is also the case of the complainant that the opposite party issued temporary No.PB11A 9645 and issued challan, got the vehicle insured from “The New India Insurance Co.” and the opposite party promised to issue the R/c within 15/20 days. It is also the case of the complainant that he approached the opposite party and requested to either give registration certificate of the motor cycle or to issue original bills, form No.21,22 and other relevant documents required for new registration certificate of the motor cycle alongwith Rs.3500/- taken for making registration certificate. It is also the case of the complainant that he got served legal notice,Ex.C5 and after receiving the notice the opposite party made a call to his counsel on 5.7.2010 and then to him using wrong language and refusing to issue bill etc. or registration certificate or Rs.3500/- and threatened to take back the motor cycle forcibly. 7. Admittedly the complainant had purchased motor cycle Bajaj Platinum on 19.3.2010 from opposite party and had paid total cost of motor cycle alongwith Rs.3500/- for getting registration number issued from the Licencing/Registration Authority,Rajpura. The perusal of the allotment letter,Ex.C2 would show that the complainant was allotted temporary No.PB11A9645.Ex.C4 would show that the vehicle was got insured from New India Insurance Co. Ltd..The case of complainant is that he had paid Rs.3500/- for getting the motor cycle registered with the Licencing Authority. But inspite of this the opposite party neither got the motor cycle registered nor returned the amount of Rs.3500/- given for registration of the motor cycle which amounts to deficiency in service on the part of the opposite parties. 8. In the result we allow the complaint partly and direct the opposite party to issue bills, forms No.21, 22 or registration certificate of the motor cycle within one month from the receipt of copy of this order. The opposite party is further directed to pay Rs.2000/-as damages to the complainant, inclusive of costs of litigation. The copy of this order be sent to the parties as per rules. File be consigned to the record. Pronounced. Dated:1.9.2010. President Member Member
| | Smt. Neelam Gupta, Member | HONABLE MR. Inderjit Singh, PRESIDENT | , | | 
