Punjab

Sangrur

CC/256/2015

Manpreet Singh - Complainant(s)

Versus

Raj Vehicles - Opp.Party(s)

Shri Manpreet Singh

03 Nov 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

                                                               

                                                Complaint No.    256

                                                Instituted on:      04.05.2015

                                                Decided on:       03.11.2015

 

 

 

Manpreet Singh son of Shri Harbhajan Singh, resident of Village Chhokran, PO Mandian, Tehsil Malerkotla, District Sangrur.

                                                        …Complainant

                                Versus

1.             Raj Vehicles Pvt. Ltd. Auto Sub Dealer, Mahindra and Mahindra Ltd. Kup Kalan, Tehsil Malerkotla, District Sangrur through its Proprietor/Partner.

2.             Raj Vehicles Pvt. Ltd. Auto Dealer, Mahindra and Mahindra Ltd. Village Dhareral Jattan, Bahadurgarh, Rajpura Road, Patiala through its Proprietor/Partner.

                                                        …Opposite parties

 

For the complainant    :               Shri Manpreet Singh, Adv.

For OP No.1              :               None.

For OP No.2              :               Shri Rohit Jain, Adv.

 

 

Quorum:    Sukhpal Singh Gill, President

                K.C.Sharma, Member

                Sarita Garg, Member

 

 

Order by : Sukhpal Singh Gill, President.

 

1.             Shri Manpreet Singh, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the complainant purchased one New Scorpio SLI white colour from OP number 1 in February, 2013 having temporary registration number PB-11-AZ-T-6077 and at the time of purchasing the said vehicle the Ops assured that registration certificate will be obtained by the company itself and OPs also charged the registration charges along with road tax etc from the complainant.  Further the Ops also did not issue the required bills etc to the complainant.  The grievance of the complainant is that the Ops never supplied the registration certificate, despite approaching them in their office. Thus, alleging deficiency in service on the part of the Ops, the complainant has prayed that the Ops be directed to hand over the registration certificate of the vehicle and further to return the surety blank cheques to the complainant and further claimed compensation and litigation expenses.

 

2.             Record shows that during the present proceedings, the OP number 1 was gave up by the learned counsel for the complainant vide his statement dated 10.07.2015.

 

3.             In reply filed by OP number 2, preliminary objections are taken up on the grounds that the dispute is regarding accounts and as such this Forum has no jurisdiction to entertain and try the present complaint, that the complicated questions are involved in the present complaint as an amount of Rs.2,43,418/- is outstanding against the complainant and the Ops never withheld the original invoice,  but the complainant himself failed to make the payment of Rs.2,43,818/-, but the complainant never approached the OPs.  Further case of the OPs is that the complainant purchased the vehicle from the OPs along with accessories, insurance, temporary registration number and others for a total sum of Rs.9,82,908/-, out of which the complainant made the payment of Rs.7,39,490/- and the complainant requested the Ops that due to some difficulty he could not make the balance payment of Rs.2,39,418/- and as such the complainant issued a cheque in favour of the OPs and when the same was represented, it was dishonoured.  As such, the OPs filed a complaint under section 138 of the Negotiable Instrument Act against the complainant before the JMIC, Patiala on 9.9.2013, but the complainant even failed to appear before that inspite of issuing summons and warrants and on 22.10.2014 when the case was fixed for non bailable warrants, the said complaint was returned for want of jurisdiction as the cheque was of AXIS Bank, Malerkotla.  On merits,  it is admitted that the vehicle was sold to the complainant.  However, it is denied that at the time of purchase of the vehicle, the OP had assured that the registration certificate will be obtained by the company itself or the OPs also received registration charges along with road tax etc. from the complainant as alleged.  It is stated further that the complainant himself did not pay the amount of Rs.2,43,418/-, as such, no invoice was issued to the complainant.  Any deficiency in service on the part of the OP has been denied.

 

4.             The learned counsel for the complainant has produced Ex.C-1 copy of temporary registration, Ex.C-2 coy of insurance cover note, Ex.C-3 copy of legal notice, Ex.C-4 and Ex.C-5 copies of postal receipts, Ex.C-6 copy of loan agreement, Ex.C-7 and Ex.C-8 copies of bank receipts, Ex.C-9 affidavit and closed evidence. On the other hand, the learned counsel for OP number 2 has produced Ex.OP2/1 copy of application dated 19.11.2014, Ex.Op2/2 copy of complaint, Ex.OP2/3 copy of cheque dated 9.7.2013, Ex.OP2/4 copy of memo dated 10.7.2013, Ex.OP2/5 copy of notice dated 8.8.2013, Ex.OP2/6 copy of postal receipt, Ex.OP2/7 copy of certified order dated 11.9.2015 and Ex.OP2/8 affidavit and closed evidence.

 

5.             We have carefully perused the complaint, version of the opposite parties and heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits dismissal, for these reasons.

 

6.             It is not in dispute that the complainant had purchased the New Scorpio SLI from OP number 1 in February, 2013, but in the present case, the dispute is only over the non supply of registration certificate by the OP to the complainant.  Whereas the case of OP is that an amount of Rs.2,43,418/- is still outstanding against the complainant which the complainant failed to pay as the cheque bearing number 187525 dated 09.07.2013 for Rs.2,43,420/-, a copy of which on record is Ex.OP2/3 was dishonoured due to insufficient funds in the account of the complainant, of which the OP has filed a complaint against the complainant under section 138 of the Negotiable Instrument Act before the competent court of law.  It is worth mentioning here that the complainant has not denied this fact of issuing the cheque for Rs.2,43,420/- to the OP against the remaining payment on account of purchase of the vehicle in question.   Ex.OP2/5 is the copy of legal notice dated 8.8.2013 issued by Shri Sanjay Khanna, Advocate on behalf of OP against the complainant.  The complainant has not even produced any rejoinder or has mentioning anything in the affidavit denying about the outstanding payment of Rs.2,43,420/-.  Moreover, there is nothing on record produced by the complainant about the cost of vehicle and other charges thereof regarding the vehicle in question. The complainant has not mentioned any details about the payment regarding vehicle , insurance and registration charges etc. whereas the case of the OP is that they never charged any amount on account of registration charges.  We may mention that the complainant has to produce supporting evidence to show that he paid the amount to the OP on account of registration charges of the vehicle, but the complainant has miserably failed to produce any cogent, reliable and trustworthy evidence on record on this count. The OP has also produced Ex.Op2/8 affidavit of Shri Jaskaran Singh to support the contention that an amount of Rs.2,43,418/- is still outstanding against the complainant, which the complainant has failed to pay despite dishonour of cheque duly issued by the complainant.  In the circumstances of the case, we find that the complainant has miserably failed to establish his case against the OP.

 

7.             In view of our above discussion, we dismiss the complaint of the complainant. However, the parties are left to bear their own costs. A copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                November 3, 2015.

 

                                                (Sukhpal Singh Gill)

                                                     President

                               

 

                                                   (K.C.Sharma)

                                                        Member

 

 

                                                    (Sarita Garg)

                                                       Member