This is a case U/s 12 of the Consumer Protection Act, 1986 filed by the complainant praying for an order directing upon the O.P. to supply the Tax token Registration certificate, Pollution certificate, Insurance policy etc. or to refund Rs.3,33,000/- with interest as the value of Omni Van, Rs.1,50,000/- for compensation for unnecessary harassment and mental pain and agony of the petitioner, litigation cost of Rs.10,000/- .
The fact of the case as mentioned in the petition as well as in the evidence is that the petitioner purchased a vehicle named and style Omni Van from the O.P of Rs.3,33,000/-. The petitioner paid the amount of Rs.2,25,000/-, Rs.78,000/- on 01.11.2016, Rs.18,000/- on 04.06.17 and Rs.12,000/- on 18.06.17 to the O.P. After receiving the amount the O.P issued the money receipts on the same date and delivered the Omni Van( Maruti Suzuki)to the petitioner and told the petitioner that he will supply all the necessary papers within one month. But the O.P till date did not supply any paper. After enquiry from the Maruti Company Sells and Service Center the petitioner came to know that the O.P received excess amount of Rs.1,00,000/- as the price of the Omni Van and thereby the O.P did fraudulent Trade Practice and deficiency of service.
As the O.P did not take any step in spite of several request made by the petitioner, the petitioner finding no other alternative to file the petition before the Consumer Forum.
Perused the documents. It is found that petitioner purchased the Omni Van (Maruti Suzuki) from the O.P/JRD Motors. Definitely the petitioner comes under the purview of consumer protection Act. The evidence adduced by the petitioner remained unchallenged and the petitioner has been able to prove his case. As such the petitioner to get an order as prayed for.
Fees paid are correct.
Hence it is,
ORDERED
That the complaint case being No.CC-19/2018 be and the same is allowed on ex parte against the O.P with cost
The O.P/M/S. JRD Motors is directed to hand over the necessary papers i.e. Tax Token Registration certificate, Pollution certificate and Insurance Policy to the complainant within one month from the date of this order. In the case of default to hand over the above mentioned document within the time as ordered the O.P will pay to Rs.3,33,000/- (Rupees three lacs thirty three thousand only) i.e the value of the vehicle to the complainant. Beside that the complainant is entitled to get compensation of Rs.10,000/- (Rupees ten thousands) only for mental pain and agony and Rs.5,000/- ( Rupees five thousands) only as litigation cost. If the O.P fails to hand over the above documents then the entire amount of ( Rs.3,33,000 + 10,000 +5,000= Rs.3,48,000/-) ( Rupees three Lacs Forty eight thousand only) is to be paid by the O.P within forty five days from the date of passing of this order failing which it will carry interest at the rate of 5% per annum from the date of filing of this case. In the case of default of payment of money as ordered earlier the complainant is at liberty to proceed for recovery of the amount as per provision of law.
Let photocopies of this order be supplied to the parties free of cost.