Himachal Pradesh

Una

CC/14/106

Ajay Rana - Complainant(s)

Versus

M/s. J.M. Motors - Opp.Party(s)

Sh. Suresh Kumar

05 Mar 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM UNA
DISTRICT UNA (HP).
 
Complaint Case No. CC/14/106
 
1. Ajay Rana
S/o. Sh. Desh Raj rana, R/o. VPO. Badhera, Tehsil Haroli, District Una (HP) 174303
...........Complainant(s)
Versus
1. M/s. J.M. Motors
Near Jai Mata Filling Station, Amb Road Jhalera, Tehsil & District Una (HP) 174303, through its Authorized Person/ Proprietor
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. B.R. Chandel PRESIDENT
 HON'BLE MRS. Minakshi Rana MEMBER
 HON'BLE MR. Navin Nischal MEMBER
 
For the Complainant:
Sh.Amrik Singh, Adv for the comp.
 
For the Opp. Party:
OP already exparte.
 
ORDER

O R D E R ;  ( Per Shri B.R. Chandel, President

                      The complainant Ajay Rana on the strength of this complaint has claimed that the opposite party be directed to supply sale letter along with other documents required for the registration of tractor MF 7250 DI, having Chassis No. 970408, Engine No. S325f42022 and to pay a penalty which may be imposed for late registration of tractor by the Registering and Licencing Authority, Una, H.P., failing which to refund Rupees 6,25,000/- along with interest at the rate of 18% per annum and to pay a compensation of Rupees 25,000/- for harassment and mental pain along with cost of the litigation on the grounds that the opposite party is an authorized dealer of  ‘TAFE & MASSEY FERGUSON Tractors’ . On 26-03-2014 he purchased the said tractor from the opposite party by making payment of Rupees 6,25,000/-  vide demand draft No. 555159 dated 29-04-2014 which was financed by the Kangra Central Cooperative Bank branch Haroli. The opposite party assured the complainant to supply the sale letter and other documents required for the registration of the tractor  in few days after getting necessary verification from the company. The opposite party failed to supply  the sale letter and other documents required for the registration of the tractor, due to which the complainant could not get the tractor registered and has suffered huge monetary loss, harassment and mental pain which amounts to deficiency in service. The tractor has been financed  by the Kangra Central Cooperative Bank, but due to non registration of the tractor in question, the complainant has failed to ply the same and make payment of the loan instalments due to the default of the opposite party of not issuing the sale letter and other documents required for the registration of the tractor.

2.     The notice of the complaint was duly served upon the opposite party, but the opposite party failed to appear hence has been proceeded against exparte.

3.     The complainant has led exparte evidence.

4.     We have heard learned counsel for the complainant and gone through the records of the complaint.

5.     The opposite party is an authorized dealer of ‘TAFE & MASSEY FERGUSON Tractors’. The complainant  purchased the tractor in question on 26-03-2014 on the strength of retail invoice Annexure C-5 by making payment of Rupees 6,25,000/-. The averments made in the complaint are duly supported by the deposition of the complainant made in his affidavit Annexure C-1 which has gone unrebutted and unchallenged. On the basis of said deposition it stands proved that the opposite party has failed to supply the sale letter and other documents required  for the registration of the tractor in question, upon which the complainant was compelled to serve upon the opposite party notice dated 02-07-2014 Annexure C-4, but in spite of receipt of said notice the opposite party has failed to supply the sale letter and the other documents to the complainant which amounts to unfair trade practice and deficiency in service. The deposition of the complainant that he made several requests  to the opposite party to supply the said documents, but the opposite party failed to supply such documents has gone unrebutted and unchallenged and we have no reason to disbelieve the same. The opposite party did not opt to resist and contest the complaint which meant that it had nothing to state in opposition of the claim of the complainant. The complainant has purchased the tractor in question  on 26-03-2014 which was financed by the Kangra Central Cooperative Bank. The complainant is unable to ply the tractor and utilize the same without Registration Certificate, which he could not obtain due to the default of the opposite party. Due to the non registration of the tractor in question the complainant has definitely suffered huge monetary loss.

6.     In view of the evidence discussed and findings recorded above, this Forum is bound to conclude that the opposite party has committed unfair trade practice and deficiency in service due to which the complainant has suffered huge monetary loss, harassment and mental pain.

RELIEF:

        In view of the findings recorded above, the complaint is allowed. The opposite party is directed to hand over and supply the sale letter along with other documents required for the registration of the tractor in question to the complainant against proper receipt within 30 days from the receipt of copy of this order , failing which the opposite party shall be liable to pay a penalty of Rupees 500/- per day till the supply of said documents. The opposite party is also directed to pay a punitive compensation of Rupees 25,000/-  and cost of the complaint which we assess at Rupees 5,000/-. Let certified copy of this order be sent to the parties free of cost. The file be consigned to the records after its needful.

      Announced and signed in open Forum

    on this the  05th  day of March, 2015.

 

 

 

 
 
[HON'BLE MR. B.R. Chandel]
PRESIDENT
 
[HON'BLE MRS. Minakshi Rana]
MEMBER
 
[HON'BLE MR. Navin Nischal]
MEMBER

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