Punjab

Ludhiana

CC/14/776

M/s Padha Sales Corpn. - Complainant(s)

Versus

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

Jagat Bhushan

29 Jun 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

 

                                                          C.C. No.776 of 14.11.2014

                                                          Date of Decision:29.06.2015

M/s Radha Sales Corporation, Focal Point, Ludhiana, through its Partner Mr.Vikas Mittal s/o Shri Rajinder Pal Mittal.

                                                                                      … Complainant

                                             Versus

 

1.M/s Kohli Auto Company(s), B-33/144, Near Shiv Chowk, Sherpur Byepass, G.T.Road, Ludhiana through its Manager/Authorized Signatory.

2.M/s Kohli Auto Company (s), Old Octroi No.7, Mandi Gobindgarh Side, G.T.Road, Khanna through its Manager/authorized signatory.

                                                                   …             Opposite Parties

          Complaint under section 12 of the Consumer Protection Act,1986

Quorum     Sh.R.L.Ahuja, President.

                   Sh.Sat Paul Garg, Member.

                  

Present       Sh.Jagat Bhushan Khannna, Adv, for complainant.                                       Sh.S.S.Sekhon, Adv, for OPs.

 

                                                ORDER

SAT PAUL GARG, MEMBER

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 M/s Radha Sales Corporation, Focal Point, Ludhiana, through its Partner Mr.Vikas Mittal s/o Shri Rajinder Pal Mittal(hereinafter in short to be referred as ‘complainant’) against M/s Kohli Auto Company(s), B-33/144, Near Shiv Chowk, Sherpur Byepass, G.T.Road, Ludhiana through its Manager/Authorized Signatory and others(herein-after in short to be referred as ‘OP’)- directing them to handover the original registration certificate of abovesaid vehicle to the complainant alongwith compensation of Rs.20,000/- on account of causing mental pain, agony and harassment to the complainant besides interest @18% p.a. from the date of invoice dated 21.11.2013 till date to the complainant and other benefits to the complainant.

2.                Brief facts of the complaint are that the complainant purchased one vehicle of Mahindra make having Model Maxximo Plus 1950 WB 0.9L BS3, bearing Chassis No.MA1FA2HRRD6J27787, having engine No.HRD6J31620, white colour from the Ops vide retail invoice dated 21.11.2013 which was got financed by the complainant from Syndicate Bank. At the time of sale of the abovesaid vehicle, the Ops also charged amount under different heads i.e.Rs.3,53,921/- being the value of the vehicle, Rs.500/- for temporary number and Rs.13,650/- for registration certificate of the vehicle. The Ops further agreed that they will handover the original registration certificate of the abovesaid vehicle to the complainant within one month from the date of invoice. A period of about 10 months has passed but the Ops intentionally and willfully did not handover the registration certificate of the vehicle to the complainant despite the receipt of Rs.13,650/- and repeated requests on the part of the complainant. Due to non handing over the registration certificate of the abovesaid vehicle, the complainant is suffering acute harassment at the hands of the Ops. Despite repeated approach made by the complainant with the Ops with the request to handover the original registration certificate of the vehicle and despite serving a notice dated 9.10.2014 upon the Ops, the Ops failed to do the needful. Hence, this complaint.

3.                Upon notice of the complaint, OPs were duly served and appeared through their counsel Sh.S.S.Sekhon, Advocate and filed their written reply, in which, it has been submitted in the 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 purchased the vehicle for commercial purpose, thus, no relief can be granted to the complainant. Reply on facts, it is admitted that the answering OP is authorized dealer of Mahindra & Mahindra and that they are having their office as alleged. The fact regarding receiving of payment as alleged is not admitted to be correct. It is denied that due to non supply of the registration certificate, the complainant is suffering. Further, it is denied as incorrect that the complainant is entitled to any sum of Rs.2 lakh as referred in the complaint. It is submitted that the answering Ops are not liable to pay any compensation of Rs.20,000/- as alleged. No notice has been received as alleged by the complainant. This Hon’ble Forum has got no jurisdiction to entertain, try and decide the present complaint. At the end, denying any deficiency in service on the part of answering OPs and all other allegations of the complainant being wrong and incorrect, answering OPs prayed for dismissal of the complaint with costs.

4.                Both the parties adduced their evidence by way of tendering their affidavits and documents in support of their pleadings.

5.                We have heard the learned counsel for both the parties and have also perused the record on the file very carefully.

6.                It is evident that the complainant had purchased one vehicle of Mahindra make having Model Maxximo Plus 1950 WB 0.9L BS3, bearing Chassis No.MA1FA2HRRD6J27787 and having engine No.HRD6J31620 of white colour from the Ops vide retail invoice dated 21.11.2013 Ex.C2 which was got financed by the complainant from Syndicate Bank. Further, it is evident that the Ops had also charged amount under different heads i.e. Rs.3,53,921/- being the value of the vehicle, Rs.500/- for temporary number and Rs.13,650/- for registration certificate of the vehicle from the complainant and they had further agreed that they will handover the original registration certificate of the abovesaid vehicle to the complainant within one month from the date of invoice. However, it is proved fact that Ops have taken in ordinary time of about 10 months to do the needful to deliver the registration certificate of the vehicle to the complainant. Further, Ops did receive the legal notice dated 9.10.2014 Ex.C6 sent by the complainant to them through his counsel Sh.J.B.Khanna, Advocate which was returned to the complainant with the remarks of “refused” and “unclaimed”. It was incumbent on the part of the Ops to deliver the registration certificate of the vehicle in question within 1 month from the date of purchase of the vehicle which the Ops have miserably failed to do so. Perusal of the file further reveals that even on 18.6.2015, learned counsel for the Ops had agreed to get the registration certificate issued within one week and the case was adjourned for today i.e.29.6.2015 for settlement. Till date again, no action has been taken by the Ops regarding the supply of the registration certificate of the vehicle in question to the complainant. So, it is apparent that OPs 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 OPs.

7.                In the light of our above discussion, we hereby allow this complaint and direct the OPs to get prepared and deliver the registration certificate to the complainant qua his vehicle without demanding any other charges within 15 days from the date of receipt of copy of this order and further, Ops are directed to pay Rs.5000/-(Five 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 qua compensation and litigation costs 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 29.06.2015

Gurpreet Sharma