DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 1105/2016
D.No._____________________ Dated: ________________
IN THE MATTER OF:
VIJAY KUMAR S/o SH. LEKH RAJ,
R/o H. No. C-99, GROUND FLOOR,
WAZIRABAD EXTN., GALI No-8-A,
JAGATPUR ROAD, OPP.-GANDHI VIHAR,
WAZIRABAD, DELHI-110084. … COMPLAINANT
Versus
1. M/s BILLA AUTO DEALER,
(THROUGH SH. PRABJOT SINGH-PROP.),
341, HAKIKAT NAGAR, KINGSWAY CAMP,
DELHI-110009.
ALSO AT: M/s BILLA AUTO DEALER,
(THROUGH SH. PRABJOT SINGH-PROP.),
15/9, INDIRA VIKAS COLONY,
OPP.-NIRANKARI SCHOOL, DELHI-110009.
2. KAPIL AUTO SALES,
(THROUGH SH. KAPIL MEHNDIRATTA-PROP.),
431, JHEEL SCOOTER MARKET,
DELHI-110051. … OPPOSITE PARTY (IES)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 18.11.2016
Date of decision: 12.06.2019
SH. BARIQ AHMED, MEMBER
ORDER
1. The complainant has filed the present complaint against the OPs under Section 12& 14 of the Consumer Protection Act, 1986 therebyalleging that the complainant booked a TSR on behalf of his
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badge number & driving license no. DL-011-9970064538 from OP on 05.12.2014 for earning his livelihood and the complainant received a TSR on 05.12.2014 vide Registration no. DL-1R-Q-1214 which was also financed from OP for Rs.80,000/- and the complainant paid Rs.2,81,000/- as down payment to OP-1. The complainant further alleged that the installments of Rs.8,700/- for 12 months and at the time of purchasing the said TSR the official of OP-1 assured to the complainant that TSR is financed from another party i.e. OP-2 and on assurance given by the official of OP-1 the complainant financed the TSR from OP-1 and the complainant paid full and final payment on 31.08.2015. Subsequently, on an application dated 09.12.2016, the complainant was allowed to implead Kapil Auto Sales through its Prop. Sh. Kapil Mehandiratta as OP-2 vide order dated 22.12.2016. Thereafter, the complainant approached for removal of HP of the said vehicle but OP denied for it and the complainant approached Police Station Mukherjee Nagar and lodged a FIR on 10.09.2016 and the official of Police Station received letter vide DD No.029B but no avail. The complainant further alleged that the complainant was shocked when another financer i.e. OP-2 demanded for balance payment of vehicle and threatened for auto recovery but the complainant paid all installments to OP-1, thereafter the complainant again approached OP-1 for his papers and HP and also return of cheques but OP-1
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misbehaved with the complainantand the said action of OPs amount to deficiency in service and unfair trade practice.
2. On these allegations the complainant has filed the complaintpraying for direction to OPs to return the papers and all the documents aswell as compensation of Rs.1,00,000/- for causing harassment, mental agony, conveyance etc. and tension and has also sought cost of litigation.
3. OP-1 has been contesting the complaint and has filed written statement wherein OP-1 submitted that OP-1 has no role in transaction between the complainant and OP-2 i.e. M/s Kapil Auto Sales, therefore OP-1 is neither the seller of alleged vehicle nor the service provider in any manner. OP-1 further submitted that the complaint is not maintainable and is liable to be dismissed.
4. Whereas on 22.02.2017, Counsel for OP-2 had appeared and had filed vakalatnama, copy of complaint alongwith documents were supplied to Counsel for OP-2 and OP-2 was directed to file the written statement on 19.04.2017 and on which date OP-2 did not file the written statement and opportunity was given to OP-2 to file its written statement on 24.05.2017 subject to imposition of cost of Rs.1,000/- and on the said date OP-2 failed to file the written statement and further cost of Rs.2,000/- were imposed on OP-2 and matter was adjourned for filing of written statement by OP-2 on 11.08.2017 and on the said date Counsel for OP-2 also sought an
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adjournment for filing of written statement which was granted subject to imposition of further cost of Rs.4,000/- and case was adjourned for filing of written statement on 22.09.2017 and on the said date Counsel for OP-2 also failed to file the written statement as well as to pay total cost and as such vide order dated 22.09.2017 right to file written statement by OP-2 was closed.
5. The complainant filed rejoinder to the written statement of OP-1 and denied the contentions of OP-1 and prayed for direction to the OPs to give NOC/No Due Certificate and to pay compensation of Rs.1,00,000/- for causing mental agony, harassment and has also sought litigation cost of Rs.15,000/-.
6. In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant also placed on record copy of detail of payments, copy of receipt dated 05.12.2014 signed by OP-1 to show the total cost of vehicle i.e. New Bajaj as Rs.3,61,000/- of which the complainant paid advance money of Rs.1,70,000/- and further paid an amount of Rs.1,11,000/- and loan amount is Rs.80,000/-, copies of receipts dated 20.01.2015 of Rs.8,700/-, dated 18.02.2015 of Rs.8,700/-, dated 24.03.2015 of Rs.8,700/-, dated 17.04.2015 of Rs.8,700/-, dated 19.05.2015 of Rs.8,700/-, dated 23.06.2015 of Rs.8,700/- & dated 31.08.2015 of Rs.52,200/- by means of cheque no. 000041 of Bank of Baroda, copy of complaint dated 10.04.2016 lodged by the
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wife of the complainant to P.S. Mukherjee Nagar, Delhi and copy of Regn. Certificate of vehicle i.e. TSR no. DL-1-RQ-1214 of “Bajaj”.
7. On the other hand, OP-1 did not file any affidavit in evidence despite giving repeated opportunities and further none for OP-1 appeared on 22.09.2017, 10.01.2018, 01.02.2018, 08.03.2018 and as such right to file evidence by OP-1 was closed vide order dated 08.03.2018.
8. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, it appears that the OPs have no defence in their favour as OPs havefailed to prove any document in support of their case. Accordingly, OP-1 is held guilty of unfair trade practice and deficiency in service.
9. Accordingly, OP-1 is directed as under:
i) To give No Objection Certificate/No Dues Certificate in respect of vehicle i.e. TSR bearing Regn. No. DL-1-RQ-1214 and to handover all the documents of the vehicle bearing registration no. DL-1-RQ-1214 to the complainant.
ii) To pay to the complainant an amount of Rs.15,000/- as compensation towards mental agony and harassment caused to the complainant.
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iii) To pay to the complainant an amount of Rs.8,000 towards cost of litigation.
10. The above amount shall be paid by the OP-1 to the complainant within 30 days from the date of receiving copy of this order failing which OP-1 shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the dateof payment. If OP-1 fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
11. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this12thday of June, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY :- SATYENDRA JEET
