Delhi

East Delhi

CC/743/2014

DINESH KR - Complainant(s)

Versus

RACE HONDA - Opp.Party(s)

19 Oct 2016

ORDER

              DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

              CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                       

                                                                                                        Consumer complaint no.   743 / 2014                                                                                                                                                                                                         

                                                                                                        Date of Institution            14/08/2014

                                                                                                        Order reserved on            19/10/2016

                                                                                                        Date of Order                    23/10/2016               

In matter of

Mr Dinesh Kumar Sharma, adult

S/o   Sh late Y K Sharma    

R/o- B51, Law Apptt. Karkarduma

Delhi  110092

 

Through Legal heirs

1-Smt Alka Sharma (wife)

2-Apurva Kaushal(son)

3-Ms Vamika Kaushal(daughter)………………………..…………….Complainants                                                                   

                                                                           

                                                                              Vs

1-M/s Race Honda  

80 A,Radhey PuriExtn.I

Main Jagat Puri, Delhi 110051……………………………….Respondent

 

Complainant’s Advocate…………………………………Vijay Prakash & Asso.

Opponent………………………………………………………..Ex Parte

 

Quorum ………………………………………….Sh Sukhdev Singh       President

                                                                   Dr P N Tiwari              Member

                                                                   Smt Harpreet Kaur    Member                                                                                                                      

                    

Order by Dr P N Tiwari  Member 

Brief  Facts of the case                                                                                                   

Complainant had purchased a Actva9SCV110D) vide registration no. DL14SA7368  from OP for a sum of Rs 51,869/ on 14/08/2013 vide invoice no. 13AS)2826.

 

 

The insurance amount was also included in the final bill. The said two wheeler had insurance from ICICI Lumbard from 14/08/2013 to 13/08/2014.

It was stated that the Insurance Co. /ICICI Lumbard sent a notice to complainant on dated 01/10/2013 that the cover note issued by the OP for insurance, had been cancelled due to the bouncing of premium amount cheque, which was sent by OP. Hence a new cover note was issued by insurance co. from 03/10/2013 to 02/10/2014.

Complainant stated that due to negligence of OP, he was driving his scooter without proper license and was driving on his own risk. Due to non issue of valid insurance note, he suffered physical and mental pain and risk of accident. It was due to the breach of contractual obligation by OP. Despite of approaching OP number of times for getting the reason of valid license cover note, did not get satisfactory reply, so filed this complaint claiming compensation for harassment to a sum of Rs 2 Lacs with litigation charges Rs 15,000/-.

Notice was served but, none appeared nor submitted their evidences. Number of opportunities was given but, OP did not put their appearance, so case proceeded Ex Parte. Complainant filed his Ex Parte Evidences on affidavit which wee on record and were not controverted. Before the date of final argument, complainant moved an application to bring legal heirs on record annexing death certificate of complainant/Sh Dinesh Kumar Sharma. After hearing the application, application was taken on record and a fresh memo of party was taken. The legal heirs included as deceased’s wife Smt Alka Sharma, Apurva Kaushal (son) and Ms Vamika Kaushal(daughter). 

Arguments were heard and order was reserved.

 

After perusal of all the facts and evidences filed by the complainant, complainant had purchased Activa scooter from OP vide Ex.CW1/1on 14/08/2013 for Rs 51869/ including insurance amount Rs 1047/. The original insurance policy cover note vide Ex CW6/1 and another insurance cover note vide Ex CW1/7 is on record. It was evident that complainant had sent notices to OP with reminders also were on record.

We have opined that there was no obvious damages suffered by late complainant where as he had stated that he had suffered damages to Rs 2 lack but there were no evidence on record. More so, even driving the same scooter, he did not had any accident or was ever challened by any authority because the cover note issued by Insurance Co. through OP, was original. The complainant came to know about the bouncing of cheque issued by OP on 01/10/2013 and also informed that a new insurance cover note was issued in his name, which was on record.

Thus, we come to the conclusion that late complainant could not prove any damages he ever suffered due to bouncing of cheque issued by OP to insurance co. and also not by any traffic authority. So, there are no merit in this complaint and deserve to be dismissed, so dismissed without cost.

The copy of the order be sent to the parties as per the rules and the file be consigned to Record Room.

 

Mrs Harpreet Kaur (Member)                                                                (Dr) P N Tiwari (Member)          

                                                     

                                                    Shri Sukhdev Singh - President