Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 469
Instituted on : 13.09.2019
Decided on : 16.02.2024.
Satyavir Singh Polast, Age: 60 years S/o Sh. Dharam Singh Polast R/o H. No. 205-R, Model Town, Rohtak
………..Complainant.
Vs.
- M/s VirenSpeedroPvt. Ltd. 2654/04, Jind Bye Pass Chowk, Distt. Rohtak-124001 Through Director.
- Okinawa AutotechPvt. Ltd. Unit No. 651-655, 6thfloor, JMD Megapolis Sector 48, Sohna Road, Gurugram-122018 Through its Manager.
…….Respondent/Opposite party.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER
Present: Sh. Amit Dahiya, Advocate for the complainant.
Sh.R.K.Suhag, Advocate for the opposite party No.2.
Opposite party No.1 already exparte.
ORDER
TRIPTI PANNU, MEMBER:
1. Brief facts of the case as per the complainant are that on dated 05/04/2019, the complainant had purchased a new two wheeler (Model Praise, Colour Purple) having chassis No. M5WBDGBCKJ1107221 vide invoice no. 001/RTK/19-20 amounting to Rs.70500/-from respondent no. 1. The above said vehicle was got insured by United India Insurance Company Ltd. through respondent no. 1. For this purpose the complainant had paid an amount of Rs.2364/- to respondent 1. As per the Motor Vehicle Act, 1988 the selling agency i.e respondent no.1 is responsible for the registration certificate of the new vehicle. For this purpose the complainant gave all the necessary documents and amount vide cash receipt no.568 amounting to Rs.79500/- on dated 28/03/2019 to the respondent no.1. The cash receipt includes the total amount of vehicle, insurance and charges for registration certificate. But till now the respondentno.1 has not handed over the registration certificate of the above said vehicle to the complainant. It is very difficult to use the vehicle without registration number and number plate of the vehicle. Complainant requested the opposite parties to do the needful but they told that they cannot do anything in this matter. On 22/08/2019 the complainant served a legal notice to the respondent no. I but till date no reply of that notice is given by the respondent no. 1.The Complainant is unable to use the vehicle without RC due to traffic rules and heavy challan and now this vehicle is waste item for complainant.The act of opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposites parties may kindly be directed either to give the registration certificate of the vehicle to the complainant or to refund the whole amount i.e. Rs.79500/- with interest @ 12% p.a. to the complainant. Opposite parties be further directed to pay Rs.50000/- for harassment and Rs.11000/- as litigation charges to the complainant.
2. After registration of complaint notices were issued to the opposite parties. Notice issued to opposite party No.1 received back duly served but none appeared on behalf of opposite party No.1 and as such opposite party No.1 was proceeded against exparte vide order dated 14.10.2019 of this Commission. Opposite party No.2 in its reply has submitted that the respondent No.1 and 2 had tried their best to get registration certificate of the complainant, but due to negligent behaviour of authority the registration certificate is still pending. The respondents are hereby attaching proof of submission of document for RC registration for Hon'ble Court reference and record. It is further submitted that complainant has not placed any documenton record to substantiate allegation. Hence, the opposite party No.2 is not liable to pay any compensation to the complainant as alleged in the Complaint.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C7 and closed his evidence on 13.08.2021. Ld. Counsel for opposite party No.2 has tendered affidavit Ex.DW1, and closed his evidence on 07.07.2022.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. In the present case the as per receipt Ex.C2 the respondent no.1 has charged an amount of Rs.79500/- from the complainant on dated 28.03.2019 and as per Ex.C3 the cost of the vehicle was Rs.70500/-. The complainant also paid Rs.2364/- on account of insurance policy and Rs.6636/- for registration of vehicle. As per the complainant he paid the additional amount for the registration of the vehicle to the respondent no.1 but till date the vehicle has not been got registered by the respondent no.2. As per respondent no.2 they have sold the vehicle and have no responsibility of registration.
6. We have minutely perused the written statement filed by respondent no.2. In para no.4 of the parawise reply on merits, it is specifically mentioned that the respondent No.1 and 2 had tried their best to get Registration certificate of the complainant, but due to negligent behaviour of authority the Registration certificate is still pending. The respondents are hereby attaching proof of submission of document for RC registration for Hon'ble Court reference and record. But the respondent no.2 has not annexed any document alongwith the written statement or has not placed on record any document during the proceedings to prove the fact that due to negligent behaviour of registration authority, RC could not be prepared. On the other hand, opposite party No.1 did not appear despite service before this Commission and was proceeded against exparte. As such it is presumed that opposite party no.1 has nothing to say in the matter and all the allegations levelled against the opposite party No.1 stands proved. As the amount of registration has been received by respondent no.1 from the complainant. Hence the respondent no.1 is liable to refund the price of vehicle to the complainant as he cannot use the vehicle without RC due to traffic rules and the vehicle is waste item for him.
7. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite party No.1 to refund the amount of Rs.79500/-(Rupees seventy nine thousand and five hundred only) alongwith interest @ 9% from the date of filing the present complaint i.e.13.09.2019 till its realisation and also to pay Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision. However, complainant is directed to hand over the vehicle in question to respondent no.1 at the time of making payment by the respondent no.1.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
16.02.2024.
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Nagender Singh Kadian, President
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TriptiPannu, Member.
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Vijender Singh, Member.
