BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.103 of 2015

Date of Instt. 12.03.2015

Date of Decision :20.05.2015

Rajinder Kumar son of Bhadur Ram R/o 87, Rani Bagh, Basti Peer Dad, Jalandhar.

..........Complainant

Versus

1. M/s Lovely Autos, Lovely Mall, Dr.Ambedkar Chowk, Jalandhar through its Managing Director/Directors/Partner.

2. The Managing Director/Directors/Partners, M/s Lovely Autos, Lovely Mall, Dr.Ambedkar Chowk, Jalandhar.

.........Opposite parties

Complaint Under Section 12 of the Consumer Protection Act,1986.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Sh.RP Singh Adv., counsel for complainant.

Sh.AK Gutpa Adv., counsel for OPs.

Order

Jyotsna Thatai (Member)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986, against the opposite parties on the averments that in the last week of July, 2014, the complainant has approached the opposite parties to purchase a Maruti Swift VDI Car for this personal use. It is pertinent to mention that the concerned salesman/authority of the opposite parties told the complainant that if he purchases the car before 8.10.2014, then the registration certificate charges would be charged as per 6% of the value of the said car and gave him a quotation of Rs.6,69,109/- including showroom price of the car, insurance charges, current registration charges and other applicable charges on the said vehicle. Apart from this, the opposite parties also offered and agreed to give a cash discount of Rs.6562/- at that time on the purchase of said vehicle. At this, the complainant got agreed to purchase the said car from the opposite parties and purchased the said car on dated 8.8.2014 and paid the entire payment of the car i.e Rs.6,65,109/- (Rs.1,65,109) in cash and Rs.5,00,000/- through cheque to the opposite parties. Salesman/authorized person of the opposite parties had also received Rs.33,246/- as registration charges of the said car from the complainant alongwith the invoice and other necessary documents and details from the complainant at the time of purchasing the car in the said total billing amount i.e Rs.6,65,109/- and also assured the complainant that they will apply for registration of the said car on the same day and get registered the said vehicle by their own and will deliver the registration certificate to complainant within a month and the complainant got agreed on it. On the given time, when the complainant approached the opposite parties on 10.9.2014 to collect the registration certificate of his car, the opposite parties told to the complainant to come again in the next month to collect the registration certificate. But when the complainant again approached the opposite parties to collect the registration certificate of his car as per assurance and commitment of opposite parties and enquired about the same, the opposite parties started demanding 2% extra charges from the complainant for the registration certificate of the car with an excuse of enhancement of 2% in registration charges. On such like averments the complainant has prayed for directing the opposite parties to give him registration certificate of the car. He has also demanded compensation and litigation expenses.

2. Upon notice, opposite parties appeared through counsel but their counsel made a statement on 20.4.2015 that they did not want to file written statement as opposite parties No.1 & 2 have submitted the RC of the vehicle before this Forum.

3. In support of his complaint, learned counsel for complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C9 and closed evidence.

4. We have carefully gone through the record and also heard the learned counsels for the parties.

5. The original certificate of registration was handed over to counsel for the complainant before this Forum on 9.4.2015 and his statement in this regard was also recorded. So, the complainant has already received the RC. The complainant purchased the car in question on 8.8.2014 and temporary certificate of registration Ex.C3 was given to him on that date. The temporary certificate registration is valid only for one month. The opposite parties supplied the certificate of registration to the complainant on 20.4.2015 before the Forum i.e after inordinate delay of seven months. The opposite parties have not offered any explanation regarding this delay. Moreover, the complainant had to file the present complaint before the RC was delivered to him through his counsel on 20.4.2015. So in these circumstances, he is entitled to compensation and litigation expenses.

6. In view of above discussion, the present complaint is partly accepted and opposite parties are directed to pay Rs.5000/- in lump sum on account of compensation and litigation expenses to the complainant. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Jyotsna Thatai Jaspal Singh Bhatia

20.05.2015 Member Member President