Tamil Nadu

South Chennai

CC/45/2016

R.Sridevi - Complainant(s)

Versus

M/s.Prabha TVS - Opp.Party(s)

A.RamKumar

06 Sep 2016

ORDER

                                                                           Date of Complaint  : 29.01.2016

                                                                 Date of Order         : 06.09.2016

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

2^nd 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. 45/ 2016

THIS TUESDAY  6^TH DAY OF SEPTEMBER 2016

 

R. Sridevi,

W/o. M.P. Rajendran,

Flat No.2,

D.R. Flats, Door No.22/10,

United India Colony,

5^th Cross Street,

Kodambakkam,

Chennai 600 024.                                                   .. Complainant.

                                                         - Vs-

M/s. Prabha TVS, Rep. by its Manager, Authorized Main Dealer – TVS Motor Company,   Old No.41, New No.56, 1 Avenue, Ashok Nagar, Chennai 600 083.                                            .. Opposite party.

 

For the complainant             :    M/s. A. Ramkumar & another          

For the opposite party          :    Exparte.    

ORDER

THIRUMATHI.K.AMALA,   ::    MEMBER-I

Complaint under section 12  of the Consumer Protection Act 1986.  The complaint is filed seeking direction against  the opposite party to deliver the original R.C. book of vehicle with due cancellation of wrong hypothecation favouring TVS Credit services Ltd. and also to pay a sum of Rs.25,000/- as compensation for mental agony and Rs.2,500/- towards the cost of the complaint. 

2.     Even after receipt of the notice from this forum in this proceeding, the opposite party did not appear before this Forum and did not file any written version.  Hence the opposite party was set exparte on 11.4.2016 

3.     Perused the complaint, and the documents Ex.A1 to Ex.A7  filed by the complainant and proof affidavit and the entire C.C. records and considered the arguments of the complainant’ counsel.

4.     The complainant contended that she purchased Scooty Zest vehicle from the opposite party for which she paid an advance amount of Rs.5,000/- through credit card on 23.2.2015 and a sum of Rs.52,370/- by way of cheque drawn on State Bank of India dated 24.2.2015 totaling sum of Rs.57,370/- which includes the cost of the vehicle, road tax and registration charges.   The vehicle was registered and delivered on 4.3.2015.   The opposite party assured that they would hand over the R.C. book within a week.   Since they failed to hand over the R.C. book till 18.3.2015 she approached the opposite party in person.  But again the opposite party gave lame reasons and finally they hand over the Xerox copy of the  R.C. book with  H.P. endorsement  favouring “TVS CREDIT SERVICES LIMITED”,  though the complainant did not avail loan and the entire payment was made out of her own funds.   Immediately when she brought it to the notice of the opposite party their representative accepted their mistake and assured to trace the original R.C. book which is claimed by opposite party to be delivered erroneously to TVS Credit Services due to the wrong hypothecation entry and assured to get back the original R.C. book from TVS Credit services and cancel the wrong hypothecation entry within a week.    Whereas inspite of more than five months time the opposite party neither rectified their mistake nor delivered the R.C. book till date.   Due to the act of the opposite party the complainant was made to travel without R.C. book which is violation of the Motor Vehicle Act rule which is due to the negligent act and deficiency in service on the part of the opposite party.  Hence the complainant  filed the above complaint directing the opposite party to deliver the original R.C. book with due cancellation of wrong hypothecation favouring TVS Credit services Ltd and to pay a sum of Rs.25,000/- towards compensation for mental agony and sufferings and Rs.2,500/- towards the cost of the litigation. 

5.        It is evidenced through Ex.A2 that the complainant paid a sum of Rs.5,000/- towards advance to the opposite party and also it is evidenced through Ex.A3 and Ex.A7 that she paid a sum of Rs.52,370/- towards purchase of the vehicle totaling of Rs.57,370/- for which the opposite party had raised purchase invoice which is evidenced through Ex.A1.   It is also found that the invoice amount also includes road tax, insurance, and registration charges.  It is found from the contention of the complainant that the vehicle was delivered after registration on 4.3.2015. 

6.     The grievance of the complainant is that the opposite party had not issued the R.C. book within a week as assured by them for which the complainant also approached them on 18.3.2015 and even then they dragged her and after a long delay they handed over only the Xerox copy of the R.C. book with  H.P. endorsement  favouring “TVS CREDIT SERVICES LIMITED”,  though the complainant did not avail loan and the entire payment was made out of her own funds.   Immediately when she brought it to the notice of the opposite party their representative accepted their mistake and assured to trace the original R.C. book which is claimed by opposite party to be delivered erroneously to TVS Credit Services due to the wrong hypothecation entry and assured to get back the original R.C. book from TVS Credit Services Ltd. and cancel the wrong hypothecation entry within a week.    Whereas inspite of more than five months time the opposite party neither rectified their mistake nor delivered the original R.C. book till date, therefore she was made to go in roads without the R.C. book which is violation of Motor Vehicle Act rules  and as such they had committed deficiency in service and caused mental agony.  

7.     With respect of the above stated grievance,  all the documents furnished by the complainant proves that she had purchased her vehicle out of payment of her own funds and not by availing any loan for which

 

necessary receipts also issued by the opposite party.   Whereas as contended by complainant on perusal of Ex.A4 i.e. copy of the R.C. book it reveals that there is an endorsement of hire purchase TVS Credit Services Ltd.    It is found from the evidence of the complainant that she had immediately brought it to the notice of the opposite party for which their representative accepted their mistake and assured to trace the original R.C. book which is claimed by opposite party to be delivered erroneously to TVS Credit Services due to the wrong hypothecation entry and assured to get back the original R.C. book from TVS Credit services and cancel the wrong hypothecation entry within a week but the opposite party had neither rectified their mistake nor handed over the original R.C. book to the complainant even after receipt of legal notice i.e. Ex.A5.  Furthermore the opposite party could have complied the grievance of the complainant at least after receipt of notice from this forum whereas the opposite party failed to appear before this forum.  As such the act of the opposite party amounts to deficiency in service. 

8.     Even if accepted that the opposite party had committed mistake the opposite party is duty bound to rectify their mistake when it was brought to their knowledge by the complainant and issued original R.C. book whereas they not only rectified their mistake initially but also not done so even after receipt of legal notice as well as receipt of notice from this forum. 

9.     Therefore we are of the considered view that the opposite party had committed deficiency in service in respect of not delivering the original R.C.  book with due cancellation of wrong hypothecation favouring TVS Credit Services Ltd and also caused very much difficulty and hardship to the complainant since she could not ride the vehicle without the R.C. book till date.  

10.    Considering the facts and circumstances of the case we are of the considered opinion to allow the complaint in part and direct the opposite party to deliver the original Registration Certificate  Book (R.C. Book)  of vehicle No.TN09 BZ 3028 with due cancellation of wrong hypothecation favouring TVS Credit Services Ltd along with compensation of Rs.20,000/- towards the difficulty caused and also to pay a sum of Rs.2,500/- towards the cost of the complaint. 

        In the result the compliant is partly allowed.  The opposite party is directed to deliver the original Registration Certificate  Book (R.C. Book)  of vehicle No.TN09 BZ 3028 with due cancellation of wrong hypothecation favouring TVS Credit Services Limited and also to pay a sum of Rs.20,000/- (Rupees twenty thousand only) towards compensation and also to pay a sum of Rs.2,500/- (Rupees two thousand and five hundred only) towards the cost of the complaint to the complainant within six weeks from the date of this order failing which the above said compensation amount of (Rs.20,000/-) will 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-I to the Assistant and computerized by her, corrected by the Member-I and pronounced by us in the open Forum on this  6^th   day of  September   2016.

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1- 25.2.2015  - Copy of Vehicle Invoice.

Ex.A2- 23.2.2015  - Copy of Payment receipt.

Ex.A3- 24.2.2015  - Copy of Payment receipt.

Ex.A4- 04.3.2015  - Copy of registration certificate.

Ex.A5- 26.8.2015  - Copy of legal notice.

Ex.A6- 27.8.2015  - Copy of Ack. Card.

Ex.A7-         -       - Copy of Bank Statement of account of complainant.

 

Opposite parties’ Exhibits:-         

 

.. Nil ..   (exparte)

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.