Punjab

Ludhiana

CC/14/842

Pawandeep Kaur - Complainant(s)

Versus

Modern Motors - Opp.Party(s)

TPS Gill

30 Jan 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

 

                                                C.C.No.842 of 10.12.2014

                                                          Date of decision:30.01.2015 

 

Pawandeep Kaur d/o Sohan Singh, village Gureh, Tehsil Jagraon, District Ludhiana. 

                                                          ….Complainant.

                                       Versus                 

 

1.Modern Motors, Ferozepur Road, Near Octroi Post, Ludhiana.

2.Modern Motors, Sherpur Chowk, Ludhiana through General Manager or authority.

 

                                                …Opposite parties

 

COMPLAINT UNDER SECTION 12 OF THE

CONSUMER PROTECTION ACT, 1986.

 

Quorum:    Sh. R.L.Ahuja, President.

                   Sh.Sat Paul Garg, Member.

                  

Present:       Sh.T.P.S.Gill, Adv. for complainant.

Ops ex-parte.

 

                                                ORDER

R.L.AHUJA, PRESIDENT.  

 

1.                Present complaint under Section 12 of the Consumer Protection Act, 1986 has been filed by Sh.Pawandeep Kaur(hereinafter in short to be described as ‘Complainant’) against Modern Motors, Ferozepur Road, Near Octroi Post, Ludhiana and others(hereinafter in short to be described ‘Ops’), directing them to handover the R.C. of the vehicle of the complainant and to pay Rs.33,000/- qua loss of work, suffering of mental agony and physical torture and as a damages to the complainant alongwith counsel fee.

2.                In brief, the case of the complainant is that the complainant is a consumer and had purchased the brand new Mahindra Scorpio bearing Chassis No.E2A17137, Engine No.D4521064 in the second month of 2014 and at the time of purchasing of the above said vehicle, complainant paid the full and final amount of the vehicle to the OP1 and OP1 also demanded accessory fee and other complimentary fee, which was also paid by the complainant and in this regard, the OP1 and OP2 also issued the receipts dated 13.2.2014 and after few days, the employees of OP2 called the complainant and demanded the registration certificate fee and on the demand of the employees of the OP2, the complainant paid the full and final amount of registration fee of the abovesaid vehicle on 27.3.2014 and the Ops also accepted the same as per their satisfaction and also assured the complainant that all the amount was taken by them and nothing is due towards the complainant and the R.C. would be handed over to the complainant within 15 to 30 days and in this regard, the Ops also issued receipt vide No.4255 to the complainant. After the lapse of 30 days, when the complainant reached the premises of OP1 to collect the RC, then the OP1 made excuses that the same was given by the OP2 to the complainant and when the complainant reached the premises of OP2, who also made one excuse and another and lingering on the matter. The complainant also visited many times and approached the senior officer of OP1 and OP2 for collecting the R.C. but every time, they made lame excuses and failed to give the R.C. to the complainant and now, they flatly refused to give the R.C. to the complainant on that excuse that the employee who collect the R.C. fee has not deposited the R.C. fee on time and now the R.C. fee is increased and it was shocking for the complainant that after the lapse of nine month, Ops did not deposit the registration fee, which was received by the Ops in the month of March 2014 and Ops also concealed this fact from the complainant. Such act and conduct of Ops is claimed to deficiency in service and unfair trade practice on the part of the Ops by the complainant. Hence, this complaint.

3.                Upon notices of the complaint, Ops were duly served but failed to appear and were proceeded against ex-parte vide order dated 15.01.2015 by this Forum.  

4.                Learned counsel for the complainant adduced the ex-parte evidence by way of tendering affidavits and documents in support of his case and closed the ex-parte evidence of the complainant on 28.1.2015.

5.                We have heard the arguments of learned counsel for the complainant and have very carefully perused the evidence on the file.

6.                Perusal of the record reveals that the learned counsel for the complainant tendered into evidence affidavit of complainant as Ex.CA in which, she has deposed on the line as per the complaint filed by her and made prayer for the relief as claimed in the complaint. Further, learned counsel for the complainant tendered into evidence affidavits Ex.CB of Sh.Sohan Lal, who is the father of the complainant and Ex.CC of Sh.Gursewak Singh, in which, they have reiterated the allegations of the complainant qua the purchase of the vehicle in question and non-issuance of the RC despite repeated approach and visits made by the complainant. Further, perusal of the record reveals that the learned counsel for the complainant has produced on record documents Ex.C1 copy of temporary certificate of registration dated 15.2.2014 issued by the Modern Motors, Ex.C2 copy of Motor Vehicle Cover Note issued by Bajaj Allianz Insurance Company Limited qua the vehicle in question and Ex.C3 to Ex.C6 copies of cash/cheque receipts issued by Modern Motors.

7.                Since, the OPs did not appear and contest the present complaint, so evidence adduced by the complainant goes unchallenged and unrebutted.

8.                From the evidence of the complainant, it is apparently clear and proved that the complainant had purchased the vehicle in question from Modern Motors which is evident from the copy of Temporary Registration Certificate issued by Modern Motors and copies of cash/cheque receipts which have been placed on record by the complainant as Ex.C1, Ex.C3 to Ex.C6. Though, the complainant has not placed on record any specific payment of receipt qua the payment of RC charges nor the complainant has placed on record any copy of sale invoice in order to assess the value of the registration charges. However, since it is proved on record that the complainant had purchased the vehicle in question from Ops and huge payment was made to the Ops and Ops had issued the temporary registration certificate in this regard. So, there remains no doubt qua the purchase of the vehicle and payment made to the Ops for the purchase of the vehicle in question and Ops are under the legal obligation to provide/issue the R.C. of the vehicle in question to the complainant.

9.                In view of the above discussion, by partly allowing this complaint, we direct OPs to deliver the permanent registration certificate of the vehicle in question to the complainant duly issued by the District Transport Office, Ludhiana, within 30 days from the date of receipt of copy of order. However, Ops are at liberty to charge the amount, if any, which remains to be paid by the complainant in discharge of her liability towards the registration charges of the vehicle of the complainant. Further, for causing sufferance and harassment to the complainant, OPs are directed to pay compensation and litigation costs compositely assessed as Rs.2000/-(Two thousand only) to the complainant. Order qua compensation and litigation costs be also complied within 30 days from the date of receipt of copy of this order. Copies of the order be sent to the parties free of cost and thereafter, file be consigned to the record room.

                         (Sat Paul Garg          )                     (R.L.Ahuja)

                       Member                                 President 

Announced in Open Forum.

Dated:30.01.2015

Gurpreet Sharma