Delhi

North East

CC/108/2019

Sh. Ramesh - Complainant(s)

Versus

Metro Motors - Opp.Party(s)

18 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.108/19

 

In the matter of:

 

 

	Sh. Ramesh S/o Bhikky Ram R/o C-1/291,Nand Nagri Delhi	Complainant
	Versus
1.         2.	Metro Motors A-13, Plot No. 70, First pusta, Main Pusta Road, New Usman Pur Delhi-53   M/s GK Motors Pvt. Ltd. S-526, School Block, Main Vikas Marg, Shakarpur, Delhi-92	Opposite Party No.1         Opposite Party No.2

 

 

 

DATE OF INSTITUTION: JUDGMENT RESERVED ON:                   DATE OF ORDER:

04.12.19 09.11.22 18.01.23

 

 

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

 

                                                                    ORDER

     Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that on 06.03.19, the Complainant purchased TVS XL 100 Moped from Opposite Party No.2 who is sub dealer of Opposite Party No.1 for a sum of  Rs. 47,000/- which includes cost of vehicle, Insurance premium and registration charges ,  Opposite Party No.2 issued receipt no. 10355 dated 06.03.19 for Rs. 47,000/- and after full and final payment vide delivery receipt no. 7644 dated 06.03.19 of the said vehicle was delivered to Complainant on the same day. The Complainant submitted that at the time of purchase, Opposite Party No.2 stated that the original bill and the Insurance Certificate was given to him within 2-3 days and Registration Certificate will be delivered directly to his residence. The Complainant visited office of Opposite Party No.2 several times for Insurance Certificate and original bill but they avoided the request of Complainant on one pretext or other. On 25.04.19, the Complainant urgently required the original bill and Insurance Certificate so he again visited office of Opposite Party No.2 where they again told him that they will provide the documents after 3-4 days and at last they stated that he will get these documents from Opposite Party No.1. On 30.04.19, the Complainant visited office of Opposite Party No.1 for bill and Insurance Certificate and at last at the evening he only get the bill and Opposite Party No.1 told him that the Insurance Certificate and Registration Certificate will be delivered to his residence. However, the Complainant made the entire payment on 06.03.19. Later, the Complainant received Insurance Certificate on 26.04.19 and Registration Certificate of vehicle registered on 07.05.19. The Complainant had made the entire payment on 06.03.19 and he received his Insurance Certificate on 03.05.19 and he came to know that his vehicle was insured on 26.04.19 and the Complainant get the Registration Certificate of the said vehicle on 07.05.19. The Complainant submitted that on 25.04.19 his vehicle was damaged due to fire for which he filed Non Cognizable Offence Information Report and Fire Report dated 27.04.19 and 02.05.19 respectively. None of the Opposite Parties are taking responsibility to pay his damages. After paying the entire amount at the time of purchase, the Complainant did not get his Registration Certificate and Insurance Certificate on time. Hence, this shows deficiency on the part of Opposite Parties.  Complainant has prayed for vehicle amount i.e. 47,000/- and for Rs. 4,36,000/- towards the loss of opportunity, metal agony. He has also prayed for Rs. 11,000/- for litigation expenses.
2. None has appeared on behalf of Opposite Party No.1 & 2 to contest the case despite service of notice on 10.11.20 & 09.11.20 respectively. Therefore, both the Opposite Parties were proceeded against Ex-parte vide order dated 04.04.22.

Ex-parte evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments & Conclusion

4. We have heard the Complainant and we have also perused the file.   The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Parties did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed and there is deficiency of service on the part of Opposite Party No.1 and 2.
5.  In view of our considered opinion, the complaint is allowed. Opposite parties are jointly and severely directed to pay Rs. 47,000/- i.e. the cost of the vehicle in question to the Complainant along with interest @ 6 % p.a. from the date of filing the complaint till recovery. Opposite parties are also directed to pay jointly and severely Rs. 15,000/-to the Complainant on account of mental harassment as well as litigation charges with interest @ 6 % p.a. from the date of this order till recovery.
6. Order announced on 18.01.2023.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President