P. Venkateasan filed a consumer case on 04 Sep 2015 against M/S. T.R Sawhny Motors Pvt.Ltd. in the New Delhi Consumer Court. The case no is CC/681/2012 and the judgment uploaded on 14 Oct 2015.
CONSUMER DISPUTES REDRESSAL FORUM-VI
(DISTT. NEW DELHI), ‘M’ BLOCK, 1STFLOOR,
VIKAS BHAWAN, I.P.ESTATE,
NEW DELHI-110002.
Case No.CC/681/12 Dated:
In the matter of:
P.Venkatesan,
5/49, Lower Ground Floor,
Old Rajinder Nagar, Delhi
……..COMPLAINANT
VERSUS
T.R Sawhney Motors Pvt. Ltd.,
Indraprastha Metro Station,
Mahatama Gandhi Marg,
Opp. WHO Office, New Delhi-110002
……. OPPOSITE PARTY
ORDER
President: C.K Chaturvedi
The Complainant purchased a Maruti EECO Vehicle on 18.04.11, vide invoice Exh.CW1/1, from OP, the dealer. The Complainant was charged for R/C separately. He was indicated R/C no. of vehicle no.DL-5CH-7347, in the name of P.Venkatesan, and accordingly insurance and other papers were prepared on R/C no. However, the R/C was stated to be in process vide Exh.CW1/4 in Dec.11, and the vehicle could not be used without R/C. He made a complaint on 02.03.14; vide CW1/6 (legal notice). Nothing happened till her filed complaint in 2012. In the mean while they changed no. plate with R/C of DL-8CU-2632.
The complainant applied for R/C in Transport Office, and got a R/C Exh.CW1/7, which showed that the was 2nd owner. It is alleged that this information he got in 2015. It is thus alleged that he has to get fresh insurance done for changed R/C.
The OP is exparte. We have heard the complainant & perused the evidence. There is clinching evidence of unfair trade practice on the part of OP, in selling 2nd hand car to complainant, which he also could not use. In the face of the vehicle costing Rs.3,59,000/- and being 2nd hand vehicle, as subsequently discovered and loss of opportunity to use it for long, we award Rs.1,00,000/- for depreciation towards selling old vehicle. We award Rs.50,000/- for unfair trade practices & deficiency and Rs.30,000/- for litigation expenses.
The order shall be complied with within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP under Section 25 / 27 of the Consumer Protection Act.
File be consigned to record room.
Copy of the order be sent to the parties free of cost.
Pronounced in open Court on 04.09.2015.
(C.K.CHATURVEDI)
PRESIDENT
(Ritu Garodia)
MEMBER
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