BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

 Complaint No.507 of 2018

      Date of Instt. 18.12.2018

      Date of Decision:11.04.2022

Rajat son of Shri Varinder Kumar, resident of W. N. 169, Main Bazar, Basti Danishmandan, Jalandhar.

..........Complainant

Versus

1.       M/s Honda Motorcycle & Scooter India Pvt. Ltd. Commercial           Complex II, Sector 49-50, Golf Course Extension Road,           Gurugaon, Haryana (122018) through its                                              M. D./Director/Authorized Signatory.

2.       M/s G. S. Enterprises, G. S. Honda, Football Chowk, Jalandhar        through its authorized signatory/manager/partners.

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)                                          Sh. Jaswant Singh Dhillon       (Member)

Present:       Sh. Aditya Jain, Adv. Counsel for the Complainant.

                   Smt. Harleen Kaur, Adv. Counsel for OPs No.1 & 2.

Order

Dr. Harveen Bhardwaj (President)

1.                The instant complaint has been filed by the complainant, wherein he has alleged that the complainant had purchased one Honda Activa 4 G scooter vide Invoice/Bill No.PB08000217V06987 for Rs.51,269/- on 30.10.2017, which was got financed from Capital Small Finance Bank Limited by the complainant by availing a loan from said bank and said bank has also issued delivery order dated 18.10.2017 and a cheque bearing No.402085 dated 22.11.2017 for an amount of Rs.38,000/- of Capital Small Finance Bank Limited in the name of M/s G. S. Enterprises was handed to OP No.2. That the OP No.1 also obtained insurance charges and R. C. making charges from the complainant. That later on R. C. of above said vehicle was provided to the complainant on 25.12.2017. After receiving R.C., the complainant when checked the contents of the same found that the entry made regarding hypothecation in the said RC is of Capital First Limited instead of Capital Small Finance Bank Limited. The complainant apprised the concerned executive of OP No.2 regarding the same fact. The executive of OP No.2 assured the complainant to rectify the mistake done on their part and the complainant was directed to handover said RC for rectification of the mistake and the complainant was told to visit after 2 weeks. The complainant as per the instructions of executive of OP No.2 handed over the RC, but no receiving of RC was handed over to the complainant. That after two weeks the complainant again visited OP No.2, but he was surprised to know that the mistake in the said RC has not been rectified and the complainant was told to visit after one month due to heavy rush of work. That after one and half month the brother of the complainant, who was practicing advocate, visited OP No.2 and met the official concern and requested him to handover the RC. The official concern handed over the R.C. to him. When the brother of the complainant checked the RC he found that the mistake was not rectified yet. He asked the reason from the executive of OP No.2 for not rectifying the mistake. The OP No.2 told the brother of the complainant that server is not working since long and he further assured the brother of the complainant that they will rectify the mistake as and when the server starts working and the R. C. was handed over to the brother of the complainant on the pretext that they will call the complainant when the server starts working and they will make necessary amendments to rectify the mistake. That thereafter, the complainant many times visited OP No.2, but the matter was lingered on one pretext or the other. That the complainant wants to close his loan and when he approached the concerned bank and requested the concerned official of the bank to issue NOC after receiving the outstanding amount, the concerned official told the complainant to firstly rectify the R. C. as on the R. C. the entry regarding the hypothecation was in the name of Capital First Limited. That the complainant again visited OP No.2 but all in vain rather the officials of OP No.2 on 22.10.2018 misbehaved with the complainant and clearly told the complainant that the said mistake could not be rectified until and unless the complainant shall pay the amount of registration again. The OPs are also responsible for causing mental tension, harassment and agony to the complainant and have failed to rectify the mistake in the R. C. The complainant served legal notice dated 29.10.2018 upon the OPs, but no reply has been received from the side of the OPs so far. The complainant is thus entitled to damages on account of deficiency in service as well as negligence in service on the part of the OPs and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to rectify the mistake in the R. C. regarding the hypothecation entry as “Capital First Limited” instead of “Capital Small Finance Bank Limited”. Further, the OPs be directed to pay compensation of Rs.50,000/- for causing mental agony, harassment and tension to the complainant and Rs.11,000/- as litigation expenses.

2.                Notice of the complaint was given to the OPs, who filed reply and contested the complaint by taking preliminary objections that the present complaint as framed is not maintainable and as such liable to be rejected. That the instant complaint is false, malicious, incorrect and malafide and is nothing but an abuse of the process of the law. It is an attempt to waste the precious time of this Commission as the same has been filed by the complainant just to avail undue advantage of typographical error through an oversight by registered authority or by OP No.2 in the registration certificate issued to the complainant while incorporating, hypothecation of the financing bank. The error inadvertently occurred, when brought to the notice of OP No.2, has been got rectified in RC. No fault as blamed can be attributed to the OP No.1. It is further averred that the present complaint is neither maintainable in law nor on facts and the same is liable to be dismissed on this score alone. There has been no deficiency in service and unfair trade practice as alleged whatsoever on the part of OPs in dealing with the complainant. The present complaint is liable to be dismissed on this ground alone. That the allegations as leveled in the instant complaint are wrong, false and denied vehemently and specifically, save and except which are matter of record and admitted herein. That the complaint is liable to be dismissed for non-joinder and mis-joinder of necessary party the OP No.1 has been unnecessary dragged in the present complaint when it has no role in the sale of vehicle by OP No.2. On merits, the factum with regard to mistake in the RC of the vehicle is admitted, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.

3.                Rejoinder not filed by the complainant.

4.                In order to prove their respective versions, both the parties produced on the file their respective evidence.  

5.                We have heard the learned counsel for the respective parties and have also gone through the case file very minutely.

6.                The complainant has produced on record Copy of Invoice Ex.C-1, Copy of Cheque Ex.C-2, Copy of Delivery Order Ex.C-3, Legal Notice Ex.C-4, Postal receipts Ex.C-5 and Certificate of Registration Ex.C-6.

7.                The OPs have produced on record document Ex.OP2/1 i.e. Copy of certificate of registration.

8.                In this complaint, the dispute is only with regard to the entry made in the RC regarding hypothecation in the name of Capital First Limited instead of Capital Small Finance Bank. To prove this fact, the complainant has produced on record a document Ex.C-6 i.e. Certificate of Registration. As per this document, the name of the bank is mentioned as ‘Capital First Ltd.’. The contention of the counsel for the complainant is that the complainant wants to get rectified the said mistake as the charges for R. C. have already been taken by the OPs, but the OP No.2 is not doing the needful despite request.

9.                The contention of the counsel for the OPs is that mistake is not intentional rather the same is inadvertent mistake and after the request of the complainant, the same was rectified and to prove this fact, the OPs have produced on the file document Ex.OP2/1 i.e. Certificate of Registration. In this document the name of the bank is mentioned as ‘Capital Small Finance Bank Ltd.’. This shows that the name of the financing bank has been mentioned correctly. This document has not been handed over to the complainant as per version of the complainant. The OPs have not proved that the grievance of the complainant has been redressed to the satisfaction of the complainant by handing over the correct R.C. to the complainant.

10.              In the light of above detailed discussion, the complaint of the complainant is partly allowed and OPs are directed to get prepared the correct RC at their own expenses to the satisfaction of the complainant. Further, the OPs are directed to pay compensation and litigation expenses, to the tune of Rs.5000/- for causing mental tension and harassment to the complainant. However, the OPs can seek extension from Court, if they need time on explaining the bonafide reasons. OPs are directed to handover the correct RC to complainant within two months from the date of order, failing which the OPs will be liable for further compensation of Rs.5000/-. This complaint could not be decided within stipulated time frame due to rush of work.

11.              Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna               Dr. Harveen Bhardwaj     

11.04.2022         Member                          Member              President