Punjab

Rupnagar

CC/18/19

Ramesh Kumar - Complainant(s)

Versus

Nangal Motors - Opp.Party(s)

Sh. Sachin Kaushal, Adv

07 Aug 2018

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPAR

                                 Consumer Complaint No. :  19 of 26.03.2018

                                 Date of decision                    :     07.08.2018

    

Ramesh Kumar, son of Thakur Dass, resident of Village Jeowal, PO Kiratpur Sahib, Tehsil Anandpur Sahib, District Ropar 

                                                                 ......Complainant

                                             Versus

    Nangal Motors, Railway Road Nangal Dam, Tehsil Nangal, District         Ropar, through its MD Puneet Singh 

                                                                          ....Opposite Party

                                   Complaint under Section 12 of the                                                      Consumer Protection Act, 1986

QUORUM

 

                        SH. KARNAIL SINGH AHHI, PRESIDENT

                        SMT. SHAVINDER KAUR, MEMBER

 

ARGUED BY

 

Sh. Sachin Kaushal, Adv. counsel for complainant  

Sh. Gagandeep Bhardwaj, Adv. counsel for O.P. 

 

                                           ORDER

 

              SH. KARNAIL SINGH AHHI, PRESIDENT

 

1.         Complainant has filed the present complaint seeking directions to the opposite party to hand over the registration certificate of the bullet motor cycle bearing Number PB-12-AC-8994; to pay Rs.5,00,000/- as compensation to the complainant on account of physical and mental agony and financial loss caused to him due to illegal act and conduct of the O.P.   

2.    Brief facts made out from the complaint are that In the month of July 2017, the complainant approached the O.P. for purchase of Bullet Motor Cycle and after negotiating the deal the O.P. offered to sell the motor cycle for the full and final sale consideration of Rs.1,26,200/- which was the on road price of the motor cycle and includes all the summary expenses, registration charges and insurance policy charges etc. The payment in this regard was dully received by the O.P. and payment is acknowledged by the O.P. by issuing a receipt dated 13.7.2017. As per government rules, the purchase is supposed to deposit all registration charges of the vehicle in the agency itself and it is the agency (O.P.) which applies to the transport department for the issuance of registration certificate of the vehicle and the complainant deposited the entire amount of taxes etc (including the RC processing fee), which the O.P. otherwise cannot claim. which includes in the said amount of Rs.1,26,200/- and the RC and the registration number of the vehicle was punched online at the time of sale of the vehicle in question and the regular registration number i.e. PB-12-AC-8994 was issued by the O.P. at the time of sale of the vehicle. At the time of the sale of the vehicle, it was promised by the O.P. that the RC of the vehicle shall be handed over to the complainant within 15 days and it was also assured that the complainant need not take care about the status of the file with the transport department. After few days, complainant approached the O.P. through its MD Puneet Singh on so many occasions for the issue of registration certificate thereafter but the O.P. till date is keeping the matter pending on one pretext or the other. On numerous occasions the complainant himself or through his representatives approached the O.P. and even personally visited the O.P. and requested the OP to hand over the RC but on every occasion the O.P. used to come out with new excuses and assurances. Hence, this complaint.   

  3.  On notice, O.P. appears through counsel and filed written reply taking preliminary objections; that the complaint is not maintainable; that the complainant has not come to the Forum with clean hands; that the complaint is bad for misjoinder and non joinder of the necessary parties; that complainant is stopped by his own act, conduct and admissions to file this complaint; that the complainant has suppressed the material facts from this Forum; that the complaint has not been verified under the provisions of law; that proper court fee has not been affixed by the complainant. On merits, It is stated that the District Transport Authority is a necessary party in this complaint as the OP has nothing to do in this case and it is the responsibility of the Transport Authority to issue the Registration Certificate. The O.P. deposited the tax and punched the number as authorized by the District Transport Authority and submitted the file of the complainant to the District Transport Authority and it is the responsibility of the DTO office to issue the RC. The answering O.p. received the amount as per rules and deposited the registration charges on behalf of complainant to the Punjab State Transport Authority and after depositing the registration charges the Transport Authority issued the registration number of the vehicle of the complainant and thereafter the answering O.P. deposited all the documents. The answering O.P. only received registration amount tax and deposited the same with the State Transport Authority and the said authority issued the registration number of the vehicle/motor cycle PB12AC8994 to the complainant and the receipt of the payment along with other documents were deposited in the office of DTO Rupnagar without any delay and copies of payment receipts were also given to the complainant by the answering OP.  Thereafter, the Punjab State Government closed the DTO offices and transferred the entire work of the registration of the new vehicles and other work to the Sub Divisonal Magistrates, but the permission to the SDM not received by the SDM office from the STC and the Registration numbers those were punched by the DTO office were not transferred to the office of the SDM and due to this reason the answering O.P. has not received the RC of the vehicle No.PB12AC8994 and when answering O.P. asked the Transport authority, the failed given any sufficient reply and told the OP that system is not issue the RC and later on the OP by doing special efforts after getting the authority letter from the complainant the new number and RC has been taken from the office of SDM and same was duly received by the complainant. So there is no fault on the part of the O.P. Rest of the allegations made in the complaint have been denied and prayer has been made dismissal thereof. 

4.    On being called upon to do so, the learned counsel for the complainant has tendered sworn affidavit of complainant Ex.C1 along with documents Ex.C2 to Ex.C5 and closed the evidence.  The proprietor of OP has tendered his sworn affidavit Ex.OPW1/A along with documents Ex.OP1 to Ex.OP4 and closed the evidence. 

5.    We have heard the learned counsel for the parties and have gone through the record of the file, carefully.

6.    Complainant counsel Sh. Sachin Kaushal, argued that Ramesh Kumar purchased vehicle from the OP in the month of July 2017 i.e. Bullet Motor Cycle and made the payment of Rs.1,26,200/-. Beside this, paid the road tax pertaining to RC as well as insurance policy. Since the date of purchase i.e. 13.7.2017, the O.P did not issue the RC and delay in delivery amounts to deficiency in service. Lastly by referring the evidence prayed to allow the complaint.

7.    OP counsel Gagandeep Bhardwaj, argued that sale/purchase of the motor cycle is admitted and payment of the sale price as well as receipt of road tax also admitted. Complainant purchase the motor cycle on 13.7.2017 and OP on 18.7.2017 at about 3.42 PM submitted all the papers with the licensing/registering authority and its receipt is Ex.OP1. By referring this document prayed that there is no deficiency rather if there is delay delivery of RC i.e. on the part of licensing/registering authority. The registering authority is not the party in this complaint. So complaint deserves to be dismissed.

8.    Sale/purchase of the vehicle, payment of road tax etc are admitted facts. It has also come on evidence that complainant received RC from the registering authority with delay and complainant leveled allegations against OP Nangal Motors. So it is a consumer dispute and complaint is maintainable being this forum has the territorial jurisdiction.

9.    The controversial point in this complaint is with regard to the delivery of the RC of the motor cycle in question by registering authority, Ropar. Complainant has rightly pointed out the payment of Rs.1,26,200/- of the motor cycle price as well as road tax/insurance charges with OP. Complainant performed his duty by making the payment then the duty of OP starts. OP with the positive response on 18.7.2017 submitted the documents of sale purchase as well as road tax receipt with the registering authority and this fact is proved from receipt Ex.OP1. During the course of arguments, it has come on light that during pendency of this complaint registering authority delivered the RC in original to the complainant and its photocopy is Ex.OP3. Further there is one receipt which indicates (customer satisfaction) issue of original RC and i.e. dated 27.4.2018. So complainant received the RC from the Nangal Motors on 27.4.2018 i.e. after about one month of the pendency of the complaint.

10.  The question arises whether if OP received the RC charges then whether OP Nangal Motors was to issue the RC and the answer comes "NO" because OP deposited the road tax with the registering authority that was deposited on 17.4.2018 and if there is delay i.e. on the part of registering authority and said registering authority is not party in this complaint. So no ground is made out to level the allegations against the O.P. qua the delivery of RC. So deficiency remains unproved.

11.  In the light of discussion made above, the complaint stand dismissed, leaving the parties to bear their own cost.

12.   The certified copies of this order be supplied to the parties forthwith, free of costs, as permissible under the rules and the file be indexed and consigned to Record Room.

 

                     ANNOUNCED                                                    (KARNAIL SINGH AHHI)

                     Dated.07.08.2018                                     PRESIDENT
 

 

 

                                                          (SHAVINDER KAUR)

                                                                             MEMBER