Punjab

Rupnagar

CC/20/3

SUKHWINDER SINGH - Complainant(s)

Versus

M/S FATEH MOTORS (TVS) - Opp.Party(s)

PRABHJOT KAUR

04 Mar 2020

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPAR

                                 Consumer Complaint No.  03 of 09.01.2020

                                 Date of decision                    :    04.03.2020

 

Sukhwinder Singh, son of Sh. Gurdev Singh, resident of Village Doomchheri, PO Morinda, Tehsil Chamkaur Sahib, District Rupnagar, 140101 

                                                                 ......Complainant

                                             Versus

Fateh Motors (TVS), through its Branch Manager, Sugar Mill Road, Morinda, District Rupnagar 140101                                                                                                              ....Opposite Parties  

                   Complaint under Section 12 of the                                                     Consumer Protection Act, 1986

QUORUM

 

                        SH. KARNAIL SINGH AHHI, PRESIDENT

                        CAPT. YUVINDER SINGH MATTA, MEMBER

ARGUED BY

 

Ms. Prabhjot Kaur, Adv. counsel for complainant  

O.P. exparte 

                                           ORDER

              SH. KARNAIL SINGH AHHI, PRESIDENT

1.   Sukhwinder Singh, son of Sh. Gurdev Singh, resident of Village Doomchheri, PO Morinda, Tehsil Chamkaur Sahib, District Rupnagar, 140101, through his counsel has filed the present complaint seeking directions to the opposite party to issue permanent registration certificate of the vehicle in question; to pay Rs.4,00,000/- to the complainant as compensation; to pay the adequate cost of litigation; any other relief to which this Hon'ble Forum deems just and proper.    .     

2.    Brief facts made out from the complaint are that on 07.08.2017, the complainant had purchased a scooter (Jupiter), Colour Grey, Engine No.EG4GH2313053, Chassis No.MD626E G4XH3G 19255, from OP  and made full payment in cash, for which O.P had issued a bill/receipt of Rs.63,000/-.  He had hired the services of OP for valuable consideration and he falls within the definition of Consumer as defined under the Consumer Protection Act, 1986. On 10.10.2017, the OP had issued a provisional Registration Certificate with Provisional Registration Mark PB-12-AD-3012 to him. After issuing provisional registration certificate, branch manager of O.P. had assured him that they would issue original/permanent registration certificate to him very soon on completion of some formalities. After repeated requests, the O.Ps. did not bother to his requests and never made the permanent registration certificate in favour of complainant. Hence, this complaint.    

3.    On being put to notice, none appeared on behalf of O.P., accordingly, it was proceeded against ex-parte vide order dated 04.03.2020. 

4.    On being called upon to do so, the learned counsel for the complainant has tendered affidavit of the complainant Ex.C1 along with documents Ex.C2 to Ex.C6 and closed the evidence.

5.    We have heard the learned counsel for the complainant and have gone through the record of the file, carefully.

6.    Complainant counsel Ms. Prabhjot Kaur, argued that the complainant purchased Scooter (Jupiter) on 07.08.2017 by making the payment of Rs.63,000/- including the Registration Charges. On the date of purchase the delivery of the scooter was made against receipt Ex.C2, provisional RC Ex.C3 bearing No.PB-12-AD-3012. Thereafter, the complainant requested the O.P. various times for the issuance of the Registration Certificate against the purchase and till date, O.Ps. did not make the compliance which amounts to deficiency in service.  The learned counsel also made prayer that despite the service, O.P did not appear and sufficient evidence is on the file to prove the exparte claim. The deficiency is made out and the complaint be allowed with cost.

7.    Complainant is resident of District Rupnagar and OP from whom he purchased the scooter having office in this District. The sale/purchase is dated 07.08.2017 is admitted.  So, it is a consumer dispute and this forum has territorial jurisdiction to decide the complaint.

8.    Coming to the point of deficiency, whether the complainant has been able to prove deficiency in service on the part of O.P. or not. It is pertinent to mention that O.P did not appear despite due notice for 26.2.2020. The service was effected from 17.1.2020. Acknowledgment is on the file. Prior to this, complainant issued notice Ex.C4 dated 09.12.2019 and it was received by the O.P. and original acknowledgment is Ex.C6.

9.    Ex.C2 is the receipt of the price of Scooter (Jupiter) for a sum of Rs.63,00/- then Ex.C3 which is Provisional Registration Certificate and its validity is w.e.f. 10.10.2017 to 10.11.2017. Notice is dated 09.12.2019 and the further documents proves till filing of the complaint, the complainant approached the O.Ps. various times but with no result. Rather, OP did not issue the sale certificate, invoice etc which is legally bound to supply the one set of document to the purchaser along with Scooter. So the deficiency is made out. Complainant has been able to prove deficiency on the part of O.P.

10.  In the light of discussions made above, the complaint stands allowed exparte with the directions to the O.P. to make/prepare the Registration Certificate in the name of complainant within 30 days from the date of receipt of certified copy of this order, failing which the burden costs bear by the O.P. In case within the stipulated period Registration Certificate is not issued by the O.P. to the complainant then the complainant is entitled to recovery of  Rs.10,000/- along with interest 7% per annum from the date of filing the complaint till recovery. 

11. The certified copies of this order be supplied to the parties forthwith, free of costs, as permissible under the rules and the file be indexed and consigned to Record Room.          

 

                     ANNOUNCED                                     (KARNAIL SINGH AHHI)

                     Dated.04.03.2020                            PRESIDENT
 

 

 

                                          (CAPT. YUVINDER SINGH MATTA)

                                                                    MEMBER