DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ROPAR
Consumer Complaint No.83 of 2021
Date of institution: 18.11.2021
Date of Decision: 28.04.2022
Avtar Singh son of Sh. Mansa Singh, aged about 70 years, resident of Village Gaggon, Tehsil Shri Chamkaur Sahib, District Rupnagar
…….Complainant
Versus
M/s Arora Automobiles Sales and Service Spare, Bela Road, Shri Chamkaur Sahib, Tehsil Shri Chamkaur Sahib, District Rupnagar through its owner
……..Opposite Party
Complaint under Consumer Protection Act.
Quorum: Shri Ranjit Singh, President.
Smt. Ranvir Kaur, Member
Present: Sh. J.P.S Dher, Adv. counsel for complainant
O.P. exparte
Order dictated by :- Shri Ranjit Singh, President
Order
The present order of ours will dispose of the above complaint filed under Consumer Protection Act, by the complainant (hereinafter referred as ‘CC’ for short) against the Opposite Party (hereinafter referred as ‘OP for short) on the ground that on 08.09.2020, the complainant had purchased a new bike make CLIQ bearing Chassis No.ME4JF762KH7015518, Engine No.JF76E70022259 of Rs.53000/- from the OP vide receipt No.125 dated 8.9.2020, which was duly signed by the authorized signatory of OP. At the time of selling the said vehicle by the OP, the registration charges were also received by the OP and it was told to the complainant to collect the registration certificate after one month from the premises of the OP. It is further averred that as per the assurance and promise made by the OP, complainant visited the premises of OP to collect the registration certificate but the matter was putting by the OP on one pretext or the other. Ultimately, in the month of 2021, the OP was handed over the registration certificate to the complainant. According to the said registration certificate, the registration number of the said vehicle is PB-71A-5157 and registration date shown on the said registration certificate as 20.3.2020 in the name of the complainant. Thereafter, the complainant had gone through the contents of the registration certificate then complainant came to know that the manufacturing date of the vehicle was shown 10/2017. It is also shown that the complainant is second owner of the vehicle. On the other hand, it is necessary to mention here that the complainant had purchased the said vehicle as new one on 8.9.2020 from the OP and OP has received the payment of new vehicle along with new registration certificate but in place of delivering the new one vehicle, OP sold the second hand vehicle to the complainant. The complainant also served a legal notice to the complainant. Thus, alleging deficiency in service on the part of the OP, CC has sought to provide new Honda CLIQ/Scooty. He has further sought Rs.1,00,000/- as compensation along with interest @ 18% per annum.
Complaint of the CC is signed, verified and duly supported by an affidavit.
2. Upon notice, the OP has refused to accept the summons and has chosen to remain exparte vide order of this Commission dated 23.2.2022.
3. The learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A along with documents copy of invoice Ex.C1, copy of Registration Certificate Ex.C2, Copy of Legal Notice, Ex.C3, Copy of postal receipts Ex.C4, copy of Delivery Challan Ex.C5 and closed the evidence.
4. We have heard learned counsel for the complainant and have gone through the file, carefully and minutely.
5. The learned counsel for the complainant has argued that the complainant had purchased a new bike and assured by the OP to the complainant that registration certificate will be hand over to him within a one month but after passing one month the OP was not delivered the registration certificate to the complainant and on in the last month of 2021, the OP handed over the Registration Certificate to the complainant but when the complainant see the registration certificate then he came to know that OP sold the second vehicle to him and on the registration certificate his manufacturing year shown as 10/2017. Lastly prayed to allow the present complaint with cost.
6. Since the OP has chosen to remain ex-parte and otherwise also the evidence of the CC appears to be cogent, reliable and trustworthy. We have no alternative except to believe the contents of the complaint as well as documentary evidence attached with the complaint by the CC. It is, proved on the file that the CC had purchased the new bike on 08.09.2020 for a sum of Rs.53,000/-.In the present complaint, the star document is Ex.C2, placed on record by the learned counsel for the complainant i.e. the registration certificate of the vehicle as Ex.C2, which shows that manufacturing year of the vehicle is 10/2017 whereas the complainant had purchased the new bike in the year 2020. We have also perused the another documents placed on the record by the complainant.
7. It is pertinent to mention here that the Consumer Protection Act, 2019, is benevolent legislation enacted to help the poor consumers, which are being regularly harassed by the unscrupulous traders, who even after receiving the money do not provide the proper services to the consumers. We feel that the very purpose of the Consumer Protection Act, 2019, will fail if such types of traders are not brought to book and asked to pay compensation.
10. In view of our above discussion, we allow the present complaint and O.P is directed to replace CLIQ/Scooty with the new one. It is further ordered that the O.P. will pay a an amount of compensation to the tune of Rs.30000/- and Rs.20,000/- as litigation expenses. The OP is further directed to comply with the above said order within 30 days from the date of receiving of copy of this order. Free certified copies of this order be sent to the parties, as per rules. The file be indexed and consigned to record room.
(Ranjit Singh)
(Ranvir Kaur)
