Order by:
Sh.Amrinder Singh Sidhu, President
1. The complainant has filed the instant complaint under section 12 of the Consumer Protection Act, 1986 (as amended upto date) on the allegations that he purchased a new Swift VDi Maruti Car bearing Chassis No. MBHCZCO3SJAL04861 on 16.02.02018 from Remira Motors Pvt.Limited, Moga. Complainant further alleges that on the same day, he applied for Fancy No. (PB29U0056) of the said vehicle before Opposite Party and deposited Rs.13,000/- vide receipt No. 9118470872969 dated 16.02.2018 and in this regard, the Opposite Party was to issue the fancy number within a period of 30 days, but the Opposite Party did not issue the fancy number to the vehicle of the Complainant despite deposit of the requisite amount. The Complainant made so many visits to the office of Opposite Party to issue the fancy number, but despite of lapse of more than one year, neither the Opposite Party issued the fancy number nor refunded the amount so deposited. At last, the Complainant obtained ordinary number for the said vehicle. Further alleges that due to the above said illegal acts of the Opposite Party, the Complainant suffered harassment, mental tension and agony. In this way, said conduct of the Opposite Parties clearly amounts to deficiency in service and unfair trade practice and as such, the Complainant is left with no other alternative but to file the present complaint. Vide instant complaint, the complainant has sought the following reliefs.
a) Opposite Party may be directed to refund the amount of Rs.13,000/- and further grant Rs.20,000/- on account of compensation for mental tension and Rs.30,000/- on account of litigation expenses or any other relief to which this District Commission deem fit be granted.
Hence, this complaint.
2. Upon notice, none has put in appearance on behalf of the Opposite Party despite due service two times. Firstly, the notice was duly received by Sh.Ravinder Pal Singh, Clerk office of SDM, Moga on 23.04.2019 and again fresh summons were duly received on 31.05.2019 by Sh.Himmat Singh, Receipt Clerk of the concerned office and hence sufficient opportunities were provided to the Opposite Party to defend its case, but despite due service, none has come present on behalf of the Opposite Party and as such, the Opposite Party was proceeded against exparte vide order dated 28.06.2019 of this District Commission.
3. In order to prove his case, the complainant tendered his duly sworn affidavit Ex.C1 in support of the averments made in the complaint and also tendered copy of fees form- receipt of Rs.13,000/- Ex.C2, copy of letter written to Deputy Commissioner Ex.C3, copy of letter written to SDM, Moga Ex.C4 and closed the exparte evidence.
4. We have heard the ld.counsel for the complainant and have carefully gone through the evidence on record.
5. During the course of arguments, ld.counsel for the Complainant has mainly reiterated the facts as narrated in the complaint and contended that the Complainant had purchased a new Swift VDi Maruti Car bearing Chassis No. MBHCZCO3SJAL04861 on 16.02.02018 from Remira Motors Pvt.Limited, Moga. Further contended that on the same day, the Complainant applied for Fancy No. (PB29U0056) of the said vehicle before Opposite Party and deposited Rs.13,000/- vide receipt No. 9118470872969 dated 16.02.2018 and in this regard, the Opposite Party was to issue the fancy number within a period of 30 days, but the Opposite Party did not issue the fancy number to the vehicle of the Complainant despite deposit of the requisite amount. Ld.counsel for the Complainant further contended that the Complainant made so many visits to the office of Opposite Party to issue the fancy number, but despite of lapse of more than one year, neither the Opposite Party issued the fancy number nor refunded the amount so deposited. At last, the Complainant obtained ordinary number for the said vehicle and due to the above said illegal acts of the Opposite Party, the Complainant suffered harassment, mental tension and agony. In this way, alleging deficiency in service and unfair trade practice, the Complainant has sought the relief as prayed for.
6. Undisputedly, the Complainant has applied with the Opposite Party for issuance of fancy number(PB29U0056) for his newly purchased vehicle Swift VDi Maruti and deposited Rs.13,000/- vide receipt No. 9118470872969 dated 16.02.2018, but the Opposite Party did not pay any heed to the request of the Complainant. In this regard, the Complainant also written two letters one to Ld.Deputy Commissioner, Moga on 10.04.2018 (copy placed on file as Ex.C3) and another to Ld.SDM, Moga on 26.04.2018 (copy placed on file as Ex.C4) and both the letters were duly received by the officials of the concerned Authorities. But despite lapse of reasonable period, the Opposite Parties neither issued the fancy number nor refunded the amount to the Complainant so far. At last, the Complainant was compelled to obtain the ordinary number which shows the high handedness of the concerned department because despite of more than three years, neither the Opposite Party refunded the amount so deposited nor issued the required fancy number . Moreover, the evidence produced by the complainant has gone unrebutted on record as the Opposite Party, despite due service, did not opt to appear and contest the proceedings. In this way, the Opposite Party has impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Party has no defence to offer or defend the complaint. The complainant has sought for relief for directing the Opposite Party to refund the amount of Rs.13,000/- which was deposited with the Opposite Party on 16.02.2018 (vide receipt Ex.C2) and also claimed Rs.20,000/- on account of compensation for mental tension and Rs.30,000/- on account of litigation expenses. But however, the claim for compensation to the tune of Rs.20,000/- and Rs. 30,000/- on account of litigation expenses, is concerned, the same appears to be exorbitant and excessive. The rationale behind grant of compensation has been to compensate a party of the loss occasioned by it. It is none of the intention of the legislature while legislating the Consumer Protection Act, to enrich a particular party at the cost of the other. The compensation has to be awarded in commensuration with the loss occasioned to the complainant. In our considered view, the ends of justice would be fully met if the complainant is awarded reasonable lump sum compensation.
7. So, keeping in view the unrebutted evidence produced on record, we are of the view that the Opposite Party is certainly deficient in rendering services to the Complainant and hence the instant complaint is allowed and the Opposite Party is directed to refund the amount of Rs.13,000/- (Rupees thirteen thousands only) alongwith interest @ 8% per annum from the date of its deposit i.e.16.02.2018 till its actual realization. The Opposite Party is also directed to pay lump sum compensation of Rs.5,000/- (Rupees five thousands only) on account of harassment, mental tension and litigation expenses, to the Complainant. The compliance of this order be made by the Opposite Party within 45 days from the date of receipt of copy of this order, failing which the Complainant shall be at liberty to get the order enforced through the indulgence of this District Commission. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
8. Reason for delay in deciding the complaint.
This complaint could not be decided within the prescribed period because the government has not appointed any of the two Whole Time Members in this Commission since 15.09.2018. Moreover, the President of this Commission is doing additional duties at District Consumer Commission, Bathinda as well as Faridkot. There is only one working day in a week when the quorum of this Commission remains complete.
Announced in Open Commission.
Dated: 16.04.2021.
