FINAL ORDER / JUDGEMENT

The complainant’s case is regarding deficiency of services, gross negligence and unfair trade practices meted out to the Complt. by the O.P.s. The Complt., a consumer of the O.P.s holds a transferable job and was transferred from Bangalore to Chennai. Thus, for his convenience, he wanted to transfer the registration of his Suzuki Ignis AMT car to the concerned RTO at Chennai. Eventually, he contacted Quikr RTO service, owned by Ouikr India Pvt. Ltd. For facilitation of the same. O.P.2, with its office at 106 Sub No. 5,6,7,8 and 9 Rachanhaelli Village, 167 SRK Nagar Post, Krishnarajapuram Hubli, Bangalore-560045 obtained NOC and hand it over to the Complt.(photocopy of the same has been annexed in Annexure-B of the petition). Unfortunately, even before registering the said vehicle at Chennai RTO, the Complt. learnt that he would be transferred to Kolkata in April 2019. The Complt., on conversation with O.P.2 regarding this, was instructed to apply for “Non-Utilisation Certificate” from Chennai RTO, for cancellation of the NOC already issued and also to get a fresh NOC from Howrah RTO in West Bengal. In due process, the Complt. handed over the original registration certificate to O.P.2 and paid Rs. 18,800/- electronically. On 26^th March, 2019 O.P.2 informed the Complt. to visit Chennai RTO along with his vehicle, but even after 2months no appointment was allotted to the Complt. (details of the emails exchanged have been furnished in Annexure-C). As reflected in Annexure-D, the Complt. also paid Rs. 6,000/- to O.P.2 as demanded, for preparation of “crime report” with no positive effect. However, after a lot of fuss of O.P.2, the inspection was completed in July 2019, and O.P. 2 obtained “non utilisation certificate” from Assistant Registering Authority, Chennai RTO and the same was sent to the Complt. over Whatsapp (details provided in Annexure-E). The fresh NOC from Bengaluru meant for Howrah RTO has not yet been delivered to the Complt., even after a lapse of one year. The O.P.s have not even informed the Complt. about the status of the work. Thereafter, a legal notice was sent to the O.P.s requesting them to return the original registration certificate, or to escalate the process, several emails were exchanged between the parties. All in vain. The Complt. alleges severe harassment, mal-activities, deficiency in services, financial negligence, agony and gross negligence against the O.P. Thus the Complt. prays to this Commission for:

1. Direction to the O.P.s to refund the advance amount of Rs. 24,000/- paid to the O.P. 2 by the Complt. along with an interest at 12% per annum on and from March 2019, amounting to 5,760/- thimeby totalling Rs. 29,760/-
2. Direction to the O.P.s to pay compensation on account of car rentals amounting to Rs. 2,00,000/-
3. Direction to the O.P.s to pay compensation of Rs. 7,00,000/- for mental agony, and harassment meted out to the Complt.
4. Direction to the O.P.s to pay litigation cost of Rs. 2,00,000/- to the Complt.
5. Direction to the O.P.s to return all the original documents including the original registration certificate of the car forthwith.
6. Other reliefs.

Point for decision

Is the complainant entitled to get the relief as prayed for?

Decision with reasons

                To prove his case Complt. has tendered his written examination-in-chief supported by evidence on affidavit and he has also filed photocopies of all relevant documents in support of his case.

                 We have gone through the said evidence of the Complt.and the documents filed by him.

                It appears that in his evidence the Complt. has fully corroborated his case of the petition of the complaint and the documents filed by him also lend support to the case of the Complt. So in view of the said evidence of the Complt. and the documents filed by him, remaining un-challenged, it is held that the Complt.’s case is proved and he is entitled to get the reliefs as sought for.     

Hence,

                            It is,

                                                       ORDERED

That the instant case no. 56/2021 is allowed ex-parte with cost against the O.P.s

        O.P.s are directed to pay Rs. 24,000/-, along with an interest of 8% p.a. from the date of starting of the dispute till the final realization in favour of the Complt. within 45 days from the date of this order.

        O.P.s are also directed to pay Rs. 50,000/- to the Complt. as compensation for car rentals within 45 days from the date of this order.

        The O.P.s are categorically directed to pay Rs. 20,000/- to the Complt. as compensation for mental agony and harassment and Rs. 10,000/- as litigation cost within 45 days from the date of this order.

        Let a free copy of this order be given to the Complt. free of cost.

               Dictated and corrected by me.

Sankar Kumar Ghosh

President, D.C.D.R.C.

Howrah.