Punjab

Fatehgarh Sahib

CC/16/2021

Satpal Singh - Complainant(s)

Versus

Rajbeer Automobiles and Other - Opp.Party(s)

Sh Gagandeep Singh Virk

09 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL

                               COMMISSION

                        FATEHGARH SAHIB.

                                                             

Consumer  Complaint No.	:	CC/16 of 2021
Date of Institution	:	19/01/2021
Date of Decision	:	09.05.2023

 

Satpal Singh S/o Sh. Ram Chand , Resident of Village Sakandarpur , Tehsil Bassi Patahana , Distt. Fatehgarh Sahib.

                                                                             …………....Complainant                           

                                         Versus

 

1. Rajbeer Automobiles ,  #5022 (Opp.132 KV) Kurali road, Roopnagar, Distt. Ropar through its authorized  signatory/Prop.  Rajbeer Gupta.
2. Rajbeer Gupta, Prop. Rajbeer Automobiles # 5022 (Opp.132KV) Kurali road, Roopnagar, Distt. Ropar.
3. S.D.M/Registration Authority, District Ropar. .

..………....... Opposite Parties

 

Complaint under Section 35 of Consumer Protection Act 2019

Quorum

Sh. S.K. Aggarwal, President

Ms. Shivani Bhargava, Member

Sh. Manjit Singh Bhinder, Member

Present:  Sh.Gagandeep Singh Virk , counsel for complainant. .

     OPs Ex-Parte vide order dated 9.9.2021.

 

 

 The  complaint has been filed against the OPs (opposite parties),  Under Section 35 of Consumer Protection Act-2019 alleging deficiency in service with the prayer for giving direction to the OPs  to pay  Rs.10,000/- received by the Ops as health insurance charges , to pay Rs.1 Lac  for harassment and to pay   an amount of Rs.6000/- as  file charges.

1.  The complainant purchased a three wheeler  ( Passenger) of Piaggo  vehicles from the OP no.1 on 4.10.2019  for Rs.2,30,000/-.  The said vehicle was financed for Rs.1,50,000/- by the OPs. The OPs illegally forced the complainant to take health insurance  and received Rs.10,000/- for health insurance and also received Rs.6000/- as file charges and the same time OPs also received Rs.14,000/- for issuance of RC of the vehicle within one month.  The Ops also received another Rs.10,000/- for insurance of the vehicle and issued temporary Registration no.PB/65/Tamp/2019/5992 and promised to hand over the original RC of the vehicle  by obtaining the same from the Transport Department within one month. Despite so many requests  the OPs  have failed to issue the original R.C. of the said vehicle  to the complainant. The complainant sent a legal notice to the OPs through his counsel but the OPs sent a non satisfactory reply.  Hence this complaint.
2.  In support his complaint , the complainant tendered in evidence his affidavit Ex.CW1/A, photo copies of documents i.e Ex.C1 temporary  certificate of Registration of vehicle,  Ex.C2 insurance Policy , Ex. C3 reply to legal notice  dated 20.32020, Ex.C4 legal notice.
3. Notice of the complaint was given to the OPs through registered Post . OPs did not appear despite service of summons  and thus were proceeded against Ex-Parte vide order dated 9.9.2021.
4. Heard.  Entire record has been perused.
5. Admittedly, the complainant had purchased  a three wheeler ( Passenger) of Piaggio vehicles on  4.10.2019 for  Rs.2,30,000/-  /-.  The said vehicle was financed for Rs.1,50,000/- by the OPs and they issued the temporary no.PB/65/Tamp/2019/5992 vide Ex.C1. The complainant  insured his vehicle vide Policy Ex.C2. It is also proved that despite so many requests and despite service of legal notice vide Ex.C4, OPs have failed to deliver the original RC . The Ops are duty bound to  issue the original RC  of the said vehicle to the complainant. The allegations set out in the complaint go unrebutted  and unopposed  as the OPs  did not  choose to  contest the  complaint. It raised a reasonable presumption that OPs remained deficient in providing services. It is thus proved that the Ops failed to issue the original RC of vehicle to the complainant . OPs are thus held liable for deficiency in service.
6.  As  a corollary of our above discussion, the present complaint is partly allowed.  OPs no.1 and 2 are held  jointly & severally liable for deficiency in service. The OPs no.1 and 2 are directed as under:-                                                                                              [a]To get the original R.C issued and to hand over the same  to the complainant.                                                                                     [b]To pay Rs.10,000/-  compensation for harassment  and Rs.5,000/-  litigation charges to the complainant within 30 days  

    Compliance of the order be made by the OPs no.1and 2 within30 days from the date of receipt of certified copy of this order , failing which the complainant shall be entitled to legal recourse. The complaint could not be decided within the statutory period due to pandemic of Covid-19. Copy of this order be sent to the complainant and the OPs as per rules. File be consigned to record room.   

Pronounced 09 May 2023.                             (S.K.Aggarwal)
                                                                        President                                                                    

                                                                                  (Shivani Bhargava)

                                                                       Member

 

                                                                             ( Manjit Singh Bhinder )

                                                                               Member