Delhi

East Delhi

CC/1006/2014

RAJ KUMAR - Complainant(s)

Versus

PRAKASH AUTO - Opp.Party(s)

27 Jan 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 1006/14

 

Shri Raj Kumar

S/o Shri Ram Kishor

R/o 248, Sourabh Vihar

Zaitpur, Badarpur

New Delhi – 110 044                                                              ….Complainant

Vs.

1. Prakash Auto Deals

Off: S-222, Pandav Nagar Complex

Nala Service Road,

Opp. Akshardham Mandir,

Delhi – 110 092

 

2. Parbas (Proprietor of Prakash Auto Deals)

Vill. Madhia Posts Bhatolia

Thana Kotva, Distt. Purve

Champaran Motihari, Bihar                                                         ….Opponent

 

Date of Institution: 07.11.2014

Judgment Reserved on:27.01.2017

Judgment Passed on: 27.01.2017

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Shri Sukhdev Singh (President)

 

JUDGEMENT

The complainant Shri Raj Kumar has filed a complaint under Section 12 of the Consumer Protection Act against Prakash Auto Deals (OP-1) and Parbas, Proprietor of Prakash Auto Deals (OP-2) for deficiency in services. 

2.        The facts in brief are that the complainant purchased vehicle bearing no. DL-1RJ-3267 from the respondents, which was financed by them.  He paid an advance of Rs. 1,61,500/-, but the respondent did not issue any receipt.  Since the vehicle was financed, the complainant was to pay an installment of Rs. 7,100/- per month.  After making complete payment, when the complainant visited the office of respondent and demanded NOC, they refused to give NOC and further made a demand of Rs. 20,000/-. 

            A complaint was also lodged with P.S. Mandawali on 29.09.2014.  Thus, the complainant has stated that the respondents have indulged in unfair trade practice.  This has caused mental agony and harassment.  Hence, he has prayed for issuance of NOC of vehicle no. DL-1RJ-3267; compensation of Rs. 80,000/- on account of harassment, mental agony and pain and Rs. 25,000/- on account of litigation. 

3.        Notice of the complaint was given to OPs.  They were served, but they did not put the appearance.  Hence, they were proceeded ex-parte.

4.        In support of its complaint, the complainant has examined himself.    He has deposed on affidavit.  He has narrated the facts, which have been stated in the complaint.  He has also placed on record a copy of report, made at P.S. Mandawali and receipt of dated 29.04.2014 whereby an amount of Rs. 7,100/- has been paid to M/s. Prakash Audo Deals.  There have been other receipts issued by Prakash Auto Deals starting from 10.12.2012, 10.01.2013, 10.02.2013, 10.03.2013, 10.04.2013, 10.05.2013, 10.06.2013, 10.07.2013, 10.08.2013, 22.09.2013, 25.10.2013, 10.11.2013, 30.12.201315.01.2014, 18.02.2014 to 29.04.2014.    

5.        We have heard Ld. Counsel for the complainant and have perused the material placed on record.  If the documents placed on record are perused, it is noticed that complainant used to pay an amount of          Rs. 7,100/- from 10.12.2012 onwards till 29.04.2014.  These documents show that the complainant was regular in making the payment.  Since the complainant has made the payments from time to time as is evident from the receipts issued by Prakash Auto Deals and his testimony has gone unrebutted by non-issuance the NOC, certainly, Prakash Auto Deals have indulged in unfair trade practice. 

            When the complainant has made the pull payment and he has not been issued NOC, he has suffered mental pain and agony.  Therefore, it is ordered that Prakash Auto Deals (OP-1) shall issue NOC to the complainant.  Further, they will have to pay an amount of Rs. 30,000/- on account of mental pain and agony.  This amount also includes the cost of litigation.  The order be complied within 45 days.  If not complied, the awarded amount will carry 6% interest from the date of filing till its realization.

Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

        Member                                                                        Member    

           

    (SUKHDEV SINGH)

          President