Tamil Nadu

South Chennai

CC/118/2015

R.Chandra sekaran - Complainant(s)

Versus

M/s.DSC Motor Pvt Ltd - Opp.Party(s)

M/s. M.Shankarnath

12 Dec 2019

ORDER

                                                                                 Date of filing  : 18.03.2015

                                                                                   Date of Order : 12.12.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.118/2015

DATED THIS THURSDAY THE 12^TH DAY OF DECEMBER 2019

                                 

R. Chandrasekaran,

S/o. Late N.S. Rathinam,

Partner of M/s. N.S. Rathinam & Sons,

No.291, M.T.H. Road,

Avadi,

Chennai – 600 054.                                                        .. Complainant.                                                     

..Versus..

 

M/s. DSC Motor Pvt. Ltd.,

Rep. by its Managing Director,

No.399, Anna Salai,

Nandanam,

Chennai – 600 035.                                                    ..  Opposite party.

 

Counsel for the complainant  :  M/s. M. Shankarnath & others

Opposite party                        :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to give a new car of the same brand and to pay a sum of Rs.10,00,000/- towards compensation for negligence, deficiency in service, mental agony and torture suffered by the complainant with cost of Rs.20,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that on 03.11.2010, he purchased a Hyundai I-20 GL Magna 1.4 DSL bearing Registration No.TN-09 BJ 9797, Chassis No.MALBB51RLAM228232, Engine No.D4FCAU901122 for a sum of Rs.6,15,100/- vide invoice delivery of the said vehicle from the opposite  party on 04.11.2010.  The complainant submits that the opposite party approached the complainant for requirement of any fancy number and demanded a sum of Rs.10,000/- towards fancy number of 5522.  After receipt of the said amount, the opposite party had given a temporary registration certificate dated:08.11.2010 to the complainant herein. The complainant submits that the vehicle was insured with M/s. New India Assurance Company Ltd. for the period from 04.11.2010 to 03.11.2011 in which, there is no registration number mentioned.  The R.C. Book also not given to the complainant. Hence, the complainant issued a letter dated:19.05.2011 requesting for issuance of R.C. Book.  Thereafter, the opposite party told the complainant that the said fancy number was taken by the Government and vehicle was registered as TN 09 BJ 9797 thereafter, the opposite party had not given Insurance papers towards the said vehicle.  But the opposite party has not given the R.C. Book.  The complainant submits that during the month of April 2012, the vehicle met with an accident which was brought to the knowledge of the opposite party.   The opposite party requested the complainant not to prefer any complaint.   But to bring the vehicle to the service station and they will claim the full insurance amount.  But to the dismay, the complainant was compelled to pay the amount.  The complainant submits that even after repeated requests and demands, the opposite party has not handed over the R.C. Book and not come forward to settle the claim. Hence, the complainant issued legal notice dated:31.07.2013 for which, the opposite party has not sent any reply.   The act of the opposite party caused great mental agony and inconvenience to the complainant.    Hence, the complaint is filed.

2.     Inspite of receipt of notice, the opposite party has not appeared before this Forum and hence, the opposite party was set ex-parte.

3.     Though the opposite party remained Ex-parte, this Forum is to dispose of this compliant fully on merits with available materials evidences before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint, the proof affidavit is filed by the complainant as his evidence and also documents Ex.A1 to Ex.A4 are marked.  

5.      The point for consideration is:-

Whether the complainant is entitled to a sum of Rs.10,00,000/- towards compensation for negligence, mental agony, deficiency in service with cost of Rs.20,000/- as prayed for?

6.      On point:-

The opposite party after the receipt of notice has not entered appearance and filed written version hence, set ex-parte.  The complainant filed proof affidavit, documents and written arguments.  Perused the records.  The complainant pleaded in the complainant and stated in the proof affidavit that on 03.11.2010, he purchased a Hyundai I-20 GL Magna 1.4 DSL bearing Registration No.TN-09 BJ 9797, Chassis No.MALNBB51RLAM228232, Engine No.D4FCAU901122 for a sum of Rs.6,15,100/-.   Ex.A1 is the copy of tax invoice.  Further the complainant contended that the opposite party approached the complainant for requirement of any fancy number and demanded a sum of Rs.10,000/- for such fancy number. But the complainant has not produced any record for the payment of Rs.10,000/- towards fancy number.   On the other hand, the opposite party has registered the vehicle and a temporary registration certificate issued on 08.11.2010.   Further the contention of the complainant is that the vehicle was insured with M/s. New India Assurance Company Ltd. for the period from 04.11.2010 to 03.11.2011 in which, there is no registration number mentioned.   The R.C. Book also not given to the complainant.  Hence, the complainant issued a letter dated:19.05.2011 requesting for issuance of R.C. Book.  Thereafter, the opposite party told the complainant that the said fancy number was taken by the Government and vehicle was registered as TN 09 BJ 9797 which is also a fancy number chosen by the complainant.   But the opposite party has not given the R.C. Book.  The opposite party paid a sum of Rs.8,000/- alone to RTO as per Ex.A2.  Whereas, the opposite party collected Rs.10,000/- towards the fancy number proves deficiency in service.

7.     Further the contention of the complainant is that during the month of April 2012, the vehicle met with an accident which was brought to the knowledge of the opposite party. The opposite party requested the complainant not to prefer any complaint; but to bring the vehicle to the service station and they will claim the full insurance amount.  But to the dismay, the complainant was compelled to pay the amount.  But the complainant has not produced any document to prove the same.  Further the contention of the complainant is that even after repeated requests and demands, the opposite party has not handed over the R.C. Book and not come forward to settle the claim.  Hence, the complainant was constrained to issue legal notice dated:31.07.2013 as per Ex.A3 for which, the opposite party has not sent any reply.   Hence, the complainant was constrained to file this case claiming to issue a new R.C. Book with compensation and cost.   Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party shall hand over the R.C. Book within one month with a compensation of Rs.20,000/- for mental agony with cost of Rs.10,000/- to the complainant.

In the result, this complaint is allowed in part.   The opposite party is directed to handover the R.C. Book to the complainant within one month from the date of receipt of this order and to pay a sum of Rs.20,000/- (Rupees Twenty thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.

The above amounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 12^th day of December 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	03.11.2010	Copy of tax invoice No.DSC/NOV/29
Ex.A2	27.06.2011	Copy of RDO bill (half torn)
Ex.A3	31.07.2013	Copy of legal notice
Ex.A4	31.07.2013	Copy of postal receipt

 

 

MEMBER                                                                                PRESIDENT