Complaint Filed on:17.02.2018 |
Disposed On:04.06.2018 |
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN
04th DAY OF JUNE 2018
PRESENT:- | SRI. P.V SINGRI | PRESIDENT |
| SMT. P.K SHANTHA | MEMBER |
COMPLAINANT | Sri.Chandrashekar Ganpatrao Kadam, Age 31 years, No.155/C, Flat No.103, “Mohan Nivas”, First Floor, 4th Main, 5th Cross, HAL 3rd Stage, New Thippasandra, Bangalore-560 075. V/s |
OPPOSITE PARTy | MOTOR WORLD, (RESALE SCOOTER SHOP), Shop Proprietor, No.61, Thimmaiah Road, Bharathi Nagar, Bangalore-560 001. |
O R D E R
SMT. SHANTHA P.K, MEMBER
The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Party (herein after referred as OP) with a prayer to direct OP to issue scooter registration certificate also to pay compensation of Rs.30,000/- for agony and harassment.
2. The brief averments made in the complaint are as under:
The complainant bought a second hand scooter bearing registration No.KA-03-HU-6519, make SUZUKI ACCESS 125 cc from OP on 05th November 2017 and paid an amount of Rs.33,000/- by way of cash. The amount paid for different purpose as follows.
- Scooter price - Rs.30,500/-
- Commission - Rs. 1,000/-
- RTO Transfer of registration - Rs. 1,500/-
On the day the complainant purchased the scooter the OP representatives (Sadiq & Shoyeb) informed the complainant that they will complete the transfer formalities within a month which includes the OP will register scooter in the name of complainant and issue the RTO scooter registration certificate. The OP has taken the zerox copy of the documents such as Aadhaar card and rent agreement. After one month when the complainant contacted OP Mr.Sadiq, through phone and asked about his registration certificate. OP has given the reason for the delay of two more weeks that the RTO has been shifted from Indiranagar to Rammurthy Nagar so it takes two more weeks. The complainant waited for two weeks. After two weeks he called Mr.Sadiq but still OP failed to provide registration certificate and gave the same reason that because of RTO shifting, OP is facing the issue for all their customers. Again requested for few more days. But complainant did not receive any call from OP. The complainant visited the OP shop but on that day also the complainant did not get his scooter registration certificate. Again OP had given the same reason and asked the complainant to wait for another week. Every week the complainant called OP and OP postponed to another week. Finally the complainant visited the OPs shop on 10th February 2018 with his wife. But OP failed to provide his scooter registration certificate. The complainant could use the scooter for only a month as purchase receipt is valid for only a month. The complainant felt deficiency in service on the part of OP and hence filed the complaint against OP seeking necessary relief for his grievance.
3. After registration of the complaint, notice was issued to OP. Despite service of notice, OP failed to appear and was placed ex-parte. Thereafter the case was posted for filing affidavit evidence of the complainant.
4. So as to prove the case, the complainant has filed his affidavit in support of his complaint reiterating the complaint averments and produced the copies of documents.
5. The above said assertions of the complainant have remained unchallenged. OP neither filed version nor denied the sworn testimony of the complainant. So under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.
6. We have perused the documents produced by the complainant. The document produced by complainant coupled with sworn testimony of the complainant establishes that the complainant bought a second hand scooter bearing registration No.KA-03-HU-6519 make Suzuki Access 125 CC from Motor World Shop on 05th November 2017 by paying total amount of Rs.33,000/- by way of cash and OP has issued a receipt in the form of Advance Sale Agreement No.293. After that OP has promised that they will complete the process of transfer formalities within one month i.e., they will register scooter in his name and give him the RTO scooter registration certificate. OP also obtained documents like Aadhaar card and rent agreement from the complainant. But OP has failed to complete the formalities of registration by giving lame excuses. The complainant contacted OP through phone on several occasions. OP postponed the same for several weeks. The conduct of OP amounts to unfair trade practice and grave deficiency of service.
7. On perusal of oral and documentary evidence of the complainant, it is clear that the complainant has paid Rs.30,500/-to purchase a scooter on 05.11.2017. The OP failed to provide the registration certificate. Though the complainant made repeated requests and demands OP failed to do the same. This conduct of OP shows their gross negligence and deficiency of service. Hence the complainant filed this complaint against OP for irresponsible, negligent behavior in not responding to any communication of the complainant.
8. The very fact of OP not contesting the proceedings leads us to draw an inference that OP is admitting the claim of the complainant. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and the documents produced. The complainant suffered inconvenience and mental agony due to non performance of promise made by the OP. In spite of constant and regular reminders OP failed to provide a scooter registration certificate by authorized government body. In spite of requests and demands OP failed to do the same must have put the complainant to great hardship, inconvenience and mental agony. In view of the discussions made above, we are of the considered opinion that the complainant has successfully proved deficiency of service on the part of OP. OP is liable to obtain and issue scooter registration certificate provided by authorized body i.e., RTO. Further OP is directed to pay compensation of Rs.6,000/- for mental agony and harassment together with litigation cost of Rs.4,000/-.
9. In the result, we proceed to pass the following:
O R D E R
The complaint filed by the complainant U/s.12 of the Consumer Protection Act, 1986 is allowed in part.
OP is directed to provide a scooter registration certificate to the complainant by obtaining from concerned R.T.O. Further OP is directed to pay compensation of Rs.6,000/- for having caused mental agony and harassment to the complainant together with litigation cost of Rs.4,000/-.
OP shall comply the said order within four weeks from the date of the order.
Furnish free copy of this order to both the parties.
(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 04th day of June 2018)
MEMBER PRESIDENT
Vln*
COMPLAINANT | Sri.Chandrashekar Ganpatrao Kadam, Bangalore-560 075. V/s |
OPPOSITE PARTy | MOTOR WORLD, (RESALE SCOOTER SHOP), Bangalore-560 001. |
Witnesses examined on behalf of complainant dated 18.05.2018.
Sri.Chandrashekar Ganpatrao Kadam,
LIST OF DOCUMENTS PRODUCED BY THE COMPLAINANT |
1) | Document No.1 is copy of advance sale agreement issued by OP to the complainant dated 05.11.2017 bearing No.293. |
2) | Document No.2 is copy of old owner registration certificate. |
OP - Absent
MEMBER PRESIDENT
Vln*
