Date of Filing : 08.01. 2009
Date of Order : 18.03.2016.
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI(SOUTH)
2nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3
PRESENT: THIRU. B. RAMALINGAM M.A.M.L., : PRESIDENT
TMT. K.AMALA, M.A. L.L.B., : MEMBER I
DR. T.PAUL RAJASEKARAN, M.A,D.Min.PGDHRDI, AIII,BCS : MEMBER II
C.C.NO.490/2009
FRIDAY THIS 18th DAY OF MARCH 2016
U. Karthik,
S/o. Uthirapathy,
No.11, Vallalar Street,
Durga Nagar,
Tambaram,
Chennai 600 047. ..Complainant
..Vs..
1. M/s. TVS Motors Company Ltd.,
Rep. by its Managing Director,
Jayalakshmi Estate,
No.24 (Old No.8), Haddows Road,
Chennai 600 006.
2. M/s. Subam Motors,
Rep. by its Manager,
NO.23, Medavakkam Tank Road,
ESI Hospital Opp.
Ayanavaram,
Chennai 600 023.
3. M/s. Star Motors,
Rep. by its Manager,
No.36, Sivan Koil Street,
Kodambakkam 600 024. ..Opposite parties
For the Complainant : M/s. M.Sophia
For the Opposite party-1 : M/s. K.Sumathi
For the opposite parties 2 & 3 : Exparte.
Complaint under section 12 of the Consumer Protection Act 1986. Complaint is filed seeking direction against the opposite parties to comply the registration of the vehicle and payment of the insurance fee and also to pay a sum of Rs.1,25,000/- as compensation for mental agony and also to pay a sum of Rs.25,000/- as cost of the complaint to the complainant.
ORDER
THIRU. T.PAUL RAJASEKARAN :: MEMBER-II
1.The case of the complainant is briefly as follows:
The complainant submit that he purchased TVS Star City Motor bike from the 2nd opposite party through the 3rd opposite party in the Month of September 2008. The complainant further submits that he has agreed for the offer and with intent to avail the finance from ICICI bank. He has paid Rs.11,570/- to the opposite party -3 in three installments on 23.2.2008, 2.5.2008 and 30.8.2008 respectively. The remained amount of Rs.33,000/- had paid from the ICICI bank in subsequent date. After the completion of the entire payment the opposite party-2 agreed to deliver the vehicle within a week to fit the accessories and to complete the insurance formalities and the registration but the opposite party-2 has delivered the vehicle without insuring the vehicle and without registration. On the default of the opposite parties 2 & 3 till date the vehicle is not registered and insured for no reason. Accordingly the complainant sent the legal notice on 20.1.2009 to the 2nd and 3rd opposite parties. The 2nd opposite party has received the notice on 22.1.2009 but he has not chosen to reply for that. As such the act of the opposite parties amounts to deficiency in service. As such the complainant sought for comply the registration of the vehicle and payment of the insurance premium and also to pay a sum of Rs.1,25,000/- as compensation for mental agony and also to pay a sum of Rs.25,000/- as cost of the complaint to the complainant. Hence the complaint.
Written version 1st opposite party is briefly as follows:
2. The opposite party denies all the averments and allegation contained in the complaint except those that are specifically admitted herein. The 1st opposite party is the manufacturer of TVS Star City Motorcycles. The Motorcycles manufactured by the 1st opposite party are sold on principal to principal basis” to its various dealers across the country as they are not agents of the 1st opposite party. The motorcycles are taken up for dispatch to dealers only when the QC test is found to be ok in all respects. In the course of business, the 1st opposite party furnishes “owners user manual”, in which the user of the motor vehicle is guided through various instructions, maintenance instructions warranty and services, technical specification of the motorcycle, general information etc. The dealers and authorized service centers situated at various parts of the country are independent parties/entities undertaking such activities on principal to principal basis”. The 1st opposite party submit that regarding the alleged purchase of the vehicle, the complainant has not produced the sales invoice which confirms the sale and ownership of the subject vehicle. Similarly, the complainant has not produced the delivery challan which confirms the possession of the subject vehicle. Sub being the fact, the complainant does not possess any locus standi to file such complaint and hence the complaint is to be dismissed.
3. Even after receipt of the notice from this forum in this proceeding, the opposite parties 2 & 3 did not appear before this Forum and did not file any written version. Hence the 2nd & 3rd opposite parties were set exparte.
4. Complainant has filed his Proof affidavit and Ex.A1 to Ex.A10 were marked on the side of the complainant. Proof affidavit of 1st Opposite party filed and Ex.B1 to Ex.B3 were marked on the side of the opposite parties.
5. The points that arise for consideration are as follows:-
1) Whether there is any deficiency in service on the part of the opposite parties?
- Whether the complainant is entitled to the reliefs asked for?.
6. POINTS 1 & 2 :
Perused the complaint filed by the complainant and his proof affidavit and documents Ex.A1 to Ex.A10 were marked on the side of the complainant. Written version and proof affidavit filed by the 1st opposite party and Ex.B1 to Ex.B3 were marked on the side of the 1st opposite party and also considered the both side arguments.
7. The complainant purchased a TVS Star City Motor cycle from the opposite party-3 for a value of Rs.44,570/- and paid the consideration of Rs.11,570/- on 23.2.2008, 2.5.2008 and 30.8.2008 in three installments and remaining amount of Rs.33,000/- through ICICI bank which was acknowledged by opposite parties 2 & 3. The complainant states that the said vehicle was delivered to him without insurance and registration certificate. Having received the full consideration when the complainant approached the opposite parties they have given evasive reply and not complied the statutory requirement of the vehicle to ply on home which had given tension and mental agony and further expenses to get rid of the actual formalities to comply with. Hence the complainant sought for compensation of Rs.1,50,000/- for registration expenses and insurance fee plus mental agony and litigation charges.
8. The opposite parties does not dispute about the receipt of consideration from the complainant that the complainant had made the payment of Rs.11,570/- in three installments marked under Ex.A1, Ex.A2 & Ex.A3 and remaining Rs.33,000/- through ICICI bank loan account No.LTCHB00012782567 under EX.A4 & Ex.A5. The opposite parties stated in clause 8-B of the version the vehicle was delivered upon the own risk of the complainant and the same is delivered without registration due to instance of the purchaser. It is further stated that it is learnt that the complainant is failed to bring the vehicle with necessary document like invoice, delivery challan, etc. for registration and hence the opposite parties is unable to do the registration of the vehicle within the stipulated time. The opposite parties has brought to the notice of this forum under Ex.B1, B2, Ex.B3 that the Finical Stability and performance of opposite party-2 was not satisfactory, opposite party-1 found by the 2nd opposite party’s dealer ship was closed. The averments were denied by the opposite parties the complainant had not co-operated with the dealer to do the proper registration and effecting the insurance. Hence this could not be done in proper time and the vehicle was delivered to the complainant at owners risk. They deny their admissibility of liability, in this context on perusing the proof affidavit, written arguments and oral arguments put forth by the complainant and the opposite party-1, opposite parties 2 & 3 are set exparte since from the inception.
9. Having accepted the consideration from the complainant fully it cannot be denied that the registration and insurance could not be made because of non co-operation of the complainant. On perusal of record on the written version the consideration received by the opposite parties which is inclusive of cost of the vehicle, insurance premium, registration charges and incidental expenses. The opposite party cannot say that they have called for invoice and delivery challan there is a reason which could not be acceptable. The seller definitely should have kept the registers of receipt of sale proceeds and delivery of the vehicle from their side, there is no evidence of making a call or written letter from the complainant to bring the required documents for registration thereby it is found, it is the dereliction of the duty of the seller Sec.13 (i) of Sale of the goods Act 1930 has not required that the seller must be in actual possession of the goods, it is enough that he should have control over the goods has to transfer the possession making over the documents of tile it clearly indicates the sales invoice delivery challan etc. were under the custody of the opposite parties.
10. The opposite parties have not proved and given the invoice copy, delivery challan, user manual, free service coupon and warranty cards given to the purchaser hence it is construed that all relating documents for registration an insurance where with the opposite parties. It is found that the opposite parties 2 & 3 were not bothered to appear before this forum to take defense on their side.
11. We are of the considered view that it is the duty of the opposite parties to comply the statutory of making registration and insurance before delivering the vehicle proves it is a deficiency of service. We hereby direct the opposite parties are jointly and severally responsible to pay Rs.20,000/- as compensation and also to pay a sum of Rs.5,000/- as litigation charges to the complainant and as such the points 1 & 2 are answered in favour of the complainant.
In the result the complaint is partly allowed. The opposite parties 1 to 3 are jointly and severally directed to pay a sum of Rs.20,000/- (Rupees Twenty thousand only) as compensation and also to pay a sum of Rs.5,000/- (Rupees Five thousand only) as litigation charges to the complainant within six weeks from the date of this order, failing which the above said compensation amount (Rs.20,000/-) will also carry interest at the rate of 9% p.a. from the date of this order to till the date of payment.
Dictated directly by the Member-II to the Assistant, transcribed and computerized by her, corrected by the Member-II and pronounced by us in the open Forum on this the 18th day of March 2016.
MEMBER-I MEMBER-II PRESIDENT.
Complainant’s side documents :
Ex.A1- 23.2.2008 - Copy of receipt issued by 3rd opposite party.
Ex.A2- 2.5.2008 - Copy of receipt issued by 3rd opposite party.
Ex.A3- 30.8.2008 - Copy of receipt issued by 3rd opposite party.
Ex.A4- 19.8.2008 - Copy of Payment receipt.
Ex.A5- 29.11.2008 - Copy of Payment receipt.
Ex.A6- 4.3.2008 to – Copy of Indian bank SB account statement of
9.1.2009 - complainant.
Ex.A7- 20.1.2009 - Copy of legal notice.
Ex.A8- 22.1.2009 - Copy of Ack. card of 3rd opposite party
Ex.A9- 31.1.2009 - Copy of returned cover of 2nd opposite party
Ex.A10- 14.2.2009 - Copy of legal notice to the 1st opposite party.
Opposite parties’ side documents:
Ex.B1- 30.5.2008 - Copy of letter sent by the 1st opposite party to 2nd
Opposite party regarding cheque return.
Ex.B2- 25.8.2008 - Copy of letter sent by the 1st opposite party to
2nd opposite party regarding Dealership performance.
Ex.B3- 27.5.2009 - Copy of letter sent by the 1st and 2nd opposite parties
Regarding closure of Dealership.
MEMBER-I MEMBER-II PRESIDENT.
