Haryana

Panchkula

CC/269/2015

MOHAN LAL AHUJA. - Complainant(s)

Versus

M/S LINK USTAV,REGISTRATION PLATES LTD. - Opp.Party(s)

COMPLAINANT IN PERSON.

10 Feb 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.             

                                                                  

Consumer Complaint No	:	269 of 2015
Date of Institution	:	30.11.2015
Date of Decision	:	10.02.2016

                                                                                          

Mohan Lal Ahuja s/o Sh.Tek Chand Ahuja, # 1135, Sector-4, Panchkula.

 

                                                                                        ….Complainant

Versus

1.       M/s Link Utsav, Registration Plates (P) Ltd., 1^st Floor, General Bus Stand, Panchkula.

2.       Registration Authority (M & V) O/o SDM, Panchkula.

                                                                                        ….Opposite Parties

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Before:                 Mr.Dharam Pal, President.

Mrs.Anita Kapoor, Member.

                             Mr.S.P.Attri, Member.

 

For the Parties:     Complainant in person. 

Ops already ex-parte.

ORDER

(Dharam Pal, President)

 

1. The complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 against the Ops with the averments that he purchased a new Alto Car (K-10) from M/s Autovogue Maruti dealer, Industrial Area, Phase-II, Panchkula, which was registered from Registration Authority (M & V), Panchkula on 05.11.2015. The Ops received all charges for registration of the vehicle in which a sum of Rs.365/- was deposited for High Security Number Plate with No.HR-03-H-0027 vide receipt No.PCK/CSH/45123 (Annexure C-1) dated 05.11.2015 and the High Security Number Plate was to be provided within four days after depositing fee of Rs.365/- by OP No.1. After passing 4 days i.e. on 09.11.2015, the complainant visited the office of Op No.1 to get fix the number plate on his car but the official of OP No.1 asked the complainant to come after one week. The complainant told him to mark his attendance or give in writing the next date but he refused for the same. On 16.11.2015, the complainant again visited the office of Op No.1 to get fix his number plate but the Op No.1 told that those plates were manufactured at Ambala and come on next Friday and also refused to give in writing. On 16.11.2015, the complainant sent a notice (Annexure C-2) to Op No.1 and asked it to provide number plate with penalty for delay in delivery of number plates. At the notice board of Op No.1 (Annexure C-3), the following notice was mentioned that

“M/s Link Utsav is under obligation to install the High Security Number Plates on vehicles within four day of receiving payment. Thereafter, they are liable to pay penalty to the customer at the rate of Rs.50/- per day for the first 7 days and thereafter Rs.75/- per day.”

According to the notice of Op No.1, it is liable to pay penalty to the complainant for delay in supply. On 23.11.2015, the complainant received a message from Op No.1 that the car number plates were ready and collected the same. On 23.11.2015, the complainant visited the office of Op No.1 and collected his number plate and thereafter, the Op No.1 asked the complainant to give in writing that the complainant did not file any court case against them but the complainant refused. This act of the opposite parties amounts to deficiency in service on their part. Hence, this complaint.

2. Notice was issued to the Ops through registered post. But none has appeared on behalf of the Ops, it is deemed to be served. The Ops were proceeded against ex-parte vide order dated 06.01.2016.
3. The complainant has tendered the evidence by way of affidavit Annexure C-A alongwith documents Annexure C-1 to C-7 and closed his evidence.
4. We have heard complainant appearing in person and have also perused the record.
5. It is evident that the complainant had deposited fee of Rs.365/- qua high security plate for his vehicle No.HR-03-H-0027 with OP No.1 on 05.11.2015 as is evident through Annexure C-1. The grievance of the complainant is that the complainant had visited the office of Ops many times for affixing the high security registration plate on his vehicle but no action was taken by the OPs then he approached this Forum to redress his grievance by way of filing the present complaint on 30.11.2015. As per notice of notice board (Annexure C-2) which provides that “M/s Link Utsav is under obligation to install the High Security Number Plates on vehicles within four day of receiving payment. Thereafter, they are liable to pay penalty to the customer at the rate of Rs.50/- per day for the first 7 days and thereafter Rs.75/- per day”. From the material available on the case file, it reveals that the Number plate was affixed on 23.11.2015 after the delay of 13 days. The complainant has also filed his duly sworn affidavit (Annexure C-A).
6. Moreover, the Ops did not appear to contest the claim of the complainant and preferred to proceed against ex-parte, which draws an adverse inference against them. The non-appearance of the Ops despite notice shows that they have nothing to say in their defence or against the allegations made by the complainant. Therefore, the assertions made by the complainant go unrebutted and uncontroverted. As such, the same are accepted as correct and deficiency in service on the part of the Ops is proved.
7. In view of the above discussion, we are of the opinion that the present complaint deserves to be allowed and the same is accordingly allowed. The Ops are directed as under:-

(i)      To pay Rs.800/- (7 days @ Rs.50/- per day plus @ Rs.75/- per day for 6 days).

(ii)     To pay an amount of Rs.2,000/- as compensation for mental agony, harassment and cost of litigation.

                 Let the order be complied with within the period of 30 days from the receipt of certified copy of this order. A copy of this order be sent to the parties free of costs and file be consigned to the record room after due compliance.

 

Announced

10.02.2016         S.P.ATTRI        ANITA KAPOOR        DHARAM PAL

                             MEMBER       MEMBER                     PRESIDENT

 

Note: Each and every page of this order has been duly signed by me.

 

 

                                          

                                                         DHARAM PAL

                                                          PRESIDENT