Punjab

Ludhiana

CC/14/606

Jaspal Singh - Complainant(s)

Versus

M/s Kohli Auto Co. - Opp.Party(s)

20 May 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

 

                                                          C.C. No.606 of 02.09.2014

                                                          Date of Decision:20.05.2015

Jaspal Singh son of Sh.Charan Singh, resident of VPO Rurka Kalan, Tehsil and District Ludhiana. 

                                                                                      … Complainant

                                             Versus

 

M/s Kohli Auto Company(S), B-30/144, Near Oswal Cancer Hospital, Near Shiv Chowk, G.T.Road, Ludhiana through its Branch Manager/Authorized Signatory.

                                                                   …             Opposite Party

          Complaint under section 12 of the Consumer Protection Act,1986

Quorum     Sh.R.L.Ahuja, President.

                   Sh.Sat Paul Garg, Member.

                  

Present       Sh.B.S.Kular, Adv, for complainant.                                                       Sh.Narinder Chhibba, Adv, for OP.

 

                                                ORDER

R.L. AHUJA, PRESIDENT

1.                Present complaint u/s 12 of the Consumer Protection Act, 1986 (herein-after in short to be referred as ‘Act’) has been filed by Sh.Jaspal Singh(hereinafter in short to be referred as ‘complainant’) against M/s Kohli Auto Company(S), B-30/144, Near Oswal Cancer Hospital, Near Shiv Chowk, G.T.Road, Ludhiana through its Branch Manager/Authorized Signatory (herein-after in short to be referred as ‘OP’)- directing them to prepare and deliver the registration certificate to the complainant with regard to the said vehicle alongwith compensation of Rs.1 lakh on account of mental pain, agony and harassment suffered by the complainant and Rs.,22,000/- as litigation expenses to the complainant.

2.                Brief facts of the complaint are that on 15.11.2013, the complainant purchased one Mahindra GIO Passenger vehicle BSIII, having Chassis No.MAILU2FWTD5K35048 and engine No.13J8186150, colour white and having registration No.PB-10-U(temp)-2209 for a sum of Rs.2,57,684/-. At the time of purchase, the complainant paid down payment and rest of the amount was agreed to be paid in EMIs and at that time, the OP also allured that the OP will get prepare the registration certificate of the said vehicle to the complainant and received the payment of registration certificate i.e. Rs.17,500/- from the complainant and agreed that OP will deliver the registration certificate of the said vehicle to the complainant within one month. Thereafter, time and again, the complainant approached the OP with a request to prepare the registration certificate of the vehicle of the complainant as without registration certificate, the complainant is unable to ply the said vehicle on the road as he several times was stopped by the police authorities and he had to beg apology due to non having the registration certificate of the said vehicle. Even challan has been imposed upon the complainant for non production of the registration certificate to them, for which, the OP is liable. Despite repeated requests and despite serving a legal notice dated 11.8.2014 upon the OP. But despite receipt of the said notice, neither  OP has prepared the registration certificate nor delivered the same to the complainant nor replied the notice of the complainant. Hence, this complaint.

3.                Upon notice of the complaint, OP was duly served and appeared through Sh.Narinder Chhibba, Advocate and filed the written reply, in which, OP took up certain preliminary objections that the complaint is not maintainable in the present form as the same is false, frivolous and vexatious and the same is without any cause of action. No cause of action has accrued to the complainant to file the present complaint as the complainant has purchased the vehicle for commercial purpose, thus, no relief can be granted to the complainant. Reply on facts, it is denied that the complainant approached the answering OP with a request to prepare the registration certificate of the vehicle. Further, it is denied that a few days back, the complainant again approached the answering OP to do the needful. It is further denied that the vehicle of the complainant is still stand unused. It is submitted that no notice as alleged by the complainant was ever received by the answering OP. This Hon’ble Forum has got no jurisdiction to entertain, try and decide the complaint. At the end, denying any deficiency in service on the part of answering OP and all other allegations of the complainant being wrong and incorrect, answering OP prayed for dismissal of the complaint with costs.

4.                Learned counsel for the complainant in order to prove the case of the complainant adduced evidence by placing on record affidavit of complainant as Ex.CA, in which, he has reiterated all the contents of the complainant. Further, learned counsel for the complainant has proved on record the documents Ex.C1 to Ex.C5.

5.                On the contrary, learned counsel for the OP in order to rebut the evidence of complainant, adduced evidence by placing on record affidavit Ex.RA of Sh.Devinder Singh Kohli, its Manager/authorized signatory, in which, he has reiterated all the contents of the written reply filed by the OP.

6.                We have heard the learned counsel for both the parties and have also gone through the record on the file very carefully. 

7.                Perusal of document Ex.C2 i.e. copy of Performa Invoice issued by OP to the complainant reveals that a sum of Rs.17,500/- was charged by the Op on account of the registration charges alongwith costs of the vehicle and other charges and it is proved fact on record that OP has not delivered the registration certificate of the vehicle till date, due to the reason best known to the OP.

8.                Perusal of the written reply as well as affidavit Ex.RA of Sh.Devinder Singh Kohli, Manager/authorized signatory of OP reveals that he has not specifically denied that the vehicle in question was not purchased by the complainant from the OP and has not received the payment as per invoice Ex.C2. OP has not taken the plea that invoice Ex.C2 is forged and fabricated document. So, it is proved that the amount of Rs.17,500/- was charged by the OP from the complainant on account of registration certificate and it was the legal obligation of the OP to handover the registration certificate duly issued by the concerned District Transport Officer to the complainant within the stipulated period.

9.                Though, during the course of arguments, learned counsel for the OP has strongly contended that the complainant is not a consumer as the vehicle in question purchased by him is a commercial vehicle. Perusal of the complaint as well as evidence of the complainant reveals that though, the complainant had purchased a commercial vehicle from the OP. However, the complainant had hired the services of OP for preparing the registration certificate of the vehicle and the complainant has not used the same to earn and generate any profit from the registration certificate of the vehicle. So, this contention of the OP is devoid of any merit. From the record, it is apparently clear that the vehicle in question was purchased by the complainant on 11.11.2013 vide invoice Ex.C2 and the present complaint has been filed on 2.9.2014. So, it appears that OP failed to deliver the registration certificate to the complainant till date, despite receipt of the amount qua the registration certificate. So, non-delivery of the registration certificate for such a long time clearly amount to deficiency in service on the part of the OP.

10.              In the light of our above discussion, we hereby allow this complaint and direct the OP to get prepared and deliver the registration certificate to the complainant qua his vehicle without demanding any other charges and further, Op is directed to pay Rs.10,000/-(Ten thousand only) as compensation to the complainant on account of harassment and mental tension suffered by him and Rs.2000/-(Two thousand only) as litigation costs to the complainant. Order be complied within 30 days from the date of receipt of copy of this order. Copies of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

 

                             (Sat Paul Garg)              (R.L.Ahuja)

                               Member                           President

Announced in open Forum

on 20.05.2015

Gurpreet Sharma