| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA C.C.No.373 of 22-12-2023 Decided on : 24-04-2024 Rajinder Singh (Ret. Army Constable) S/o Sh.Jaswant Singh R/o Gali No.1A, Guru Nanak Nagar, Bathinda. ........Complainant Versus Raja Motors, Authorized Dealer for Bajaj Auto Limited, Goniana Road, Bathinda.
.......opposite party Complaint under Section 35 of the Consumer Protection Act, 2019 QUORUM Smt.Priti Malhotra, President Smt.Sharda Attri, Member Present : For the complainant : Sh.Rajinder Singh, complainant in person. For opposite party : Ex-parte. ORDER Priti Malhotra, President The complainant Rajinder Singh (Ret. Army Constable) (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against Raja Motors (here-in-after referred to as opposite party). Briefly stated, the case of the complainant is that he purchased one Platine motorcycle bearing No.00PF22 10 K.S, chassis No.MD2A76AY9KPJ1926 and engine No.PFYPKJ41926 for Rs.48,000/- included charges for R.C and file charges of Rs.5120/- and price of motorcycle of Rs.42,880/-, vide bill No.919 dated 31.3.2020 from opposite party. It is alleged that the motorcycle was got insured till the period of 19.5.2025 from Bajaj Allianz Company Limited. After receiving all the documents, opposite party promised the complainant to provide the R.C. All the authorized dealers provide the R.C of respective vehicles. The complainant time and again requested opposite party to provide him R.C of his motorcycle, but nothing has been done by opposite party even after elapse of 4 years. Due to this, the complainant has suffered from mental harassment. On this backdrop of facts, the complainant has prayed for directions to opposite party to provide the R.C of motorcycle and to pay price value of motorcycle alongwith interest to the tune of Rs.1,00,000/-. Upon notice, none appeared on behalf of opposite party. As such, ex-parte proceedings were taken against them. In support of his complaint, the complainant has tendered into evidence his affidavit dated 22.12.2023, (Ex.C1) and documents, (Ex.C2 and Ex.C3). We have heard the complainant and gone through the file carefully. The complainant has reiterated his stand as taken in the complaint as detailed above. We have given careful consideration to these submissions. It is case of the complainant that he has purchased one motorcycle from opposite party vide invoice, (Ex.C2) and he got his motorcycle insured vide policy, (Ex.C3). As per complainant, opposite party has received the price value of the motorcycle including charges of R.C, but till date opposite party has not provide him R.C. We are of the considered opinion that in routine process, when one customer purchase any vehicle from any agency of the vehicles, agency does not allow the customer to go with vehicle outside without receiving R.C charges including insurance amount. Therefore, opposite party is duty bound to get the R.C of the motorcycle of the complainant issued from R.T.O office. Moroever opposite party has not come forward to contest the complaint of the complainant. Therefore, evidence of the complainant attached with sworn affidavit goes unrebutted and unchallanged. Therefore, there is no reason to disbelieve his version. Thus, there is deficiency in services and unfair trade practice on the part of opposite party. In view of what has been discussed above, present complaint is partly allowed with Rs.3000/- as cost and compensation against opposite party. opposite party is directed to get the R.C of the motorcycle of the complainant issued from R.T.O office within 45 days from the date of receipt of copy of this order and the complainant will also complete all the formalities for getting the R.C of the motorcycle issued. In case of non-compliance of the order within the stipulated period, thereafter opposite party will be liable to pay additional cost of Rs.5000/- to the complainant. The complaint could not be decided within the statutory period due to heavy pendency of cases. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room. Announced 24-04-2024 - (Priti Malhotra)
President (Sharda Attri) Member
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