BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint No.298 of 2019.
Date of institution.: 04.06.2019.
Date of Decision: 04.03.2020.
Sukhdev Singh son of Nand Singh, resident of village Ahllupur, Tehsil Sardulgarh, District Mansa.
……….Complainant.
Versus
RP Jhunthra Automobiles (P) Ltd. Authorized dealer Tata Motors Ltd., Near Minaxi Petrol Pump, N.H.-9, Hisar Road Sirsa- 125055 (Haryana) Phone No. 01666- 250300, 250301.
..……..Opposite Parties.
COMPLAINT UNDER SECTION 12 OF CONSUMER PROTECTION ACT, 1986.
Before: SH.R.L.AHUJA…………………………PRESIDENT
MRS.SUKHDEEP KAUR………MEMBER.
Present: Shri Rajiv Aggarwal, Advocate for the complainant.
Shri Dharminder Chauhan, Advocate for opposite party.
ORDER
In brief, the case of the complainant is that opposite party deals with the business of sale of new vehicles i.e. cars etc. at Sirsa. That complainant booked a new vehicle Tiago XZ from the opposite party on 29.6.2018 by paying a sum of Rs.10,000/- vide receipt No.314 and purchased the vehicle and thereafter paid a sum of Rs.25,000/- on 24.7.2018 vide receipt No. 427 and paid a sum of Rs.70,000/- in cash for which op did not provide any receipt to the complainant. That this vehicle was financed by Magma Finance Corp. Ltd. on 30.6.2018 and Magma Finance Corp. Ltd. paid the remaining amount of vehicle through RTGS. It is further averred that op has assured the complainant that op will send registration certificate of above said new vehicle in the name of complainant at his residential address which is in Punjab by someone because it was op’s routine work and received a sum of Rs.41,800/- on 31.7.2018 vide receipt No. 460. That complainant is running the vehicle with temporary number and trade certificate is also about to expire. That complainant is a simple villager and trusted on the op and demanded registration certificate from op from long time but the op did not provide the RC of the above vehicle and falsely assured the complainant that they will provide it to complainant very soon. That complainant served a legal notice dated 18.4.2019 to op but op did not provide registration certificate of vehicle. That all bills are lying with op and op did not provide original bills as well as copy of the bills and RC of vehicle even despite serving another legal notice dated 24.5.2019. Hence, this complaint.
2. On notice, opposite party appeared and filed written statement taking certain preliminary objections. It is submitted that due to clerical mistake, receipt No.326 dated 30.6.2018 was issued in the name of Ellenabad authority instead of Punjab and on coming to know these facts, the matter for approval from SDM concerned was forwarded for correction of the above said clerical mistake and the above said matter is still in progress and matter may be resolved as early as possible and the registration certificate of vehicle purchased by complainant shall be issued by concerned authority at Punjab in favour of complainant. The op has moved an application to Registering Authority, Ellenabad with request to refund MV Tax and also to unblock chassis number, which was forwarded by Registering Authority to State Transport Commissioner, Haryana vide memo No. 291/ MRC dated 26.7.2018. Further for refund of registration charges i.e. tax and for unblocking chassis number an application was moved by op to State Transport Commissioner, Haryana which was received with information of registration cancellation request vide letter dated 26.8.2019. All these proceedings are under process, which will be resolved as early as possible and complainant will get registration number from concerned Registering Authority at Punjab. There is no negligence on the part of op at any point of time. It is further submitted that above said incident happened due to clerical mistake and now the matter is still in progress and it will be solved out as early as possible and punching will be started and registration certificate of the vehicle will be issued from the concerned authority at Punjab and it is not an intentional one rather due to clerical mistake. The RC of the vehicle shall be issued as early as possible from the authority at Punjab. The op never received any notice but however, op started process for dissolving the matter in question immediately on coming to know about these facts. It is further submitted that just after dissolution of the matter the documents of the above said vehicle shall be sent to the concerned authority for issuance of RC of the above said vehicle in the name of complainant. Remaining contents of complaint are also denied and prayer for dismissal of complaint made.
3. The parties then led their respective evidence.
4. We have heard learned counsel for the parties and have gone through the record carefully.
5. The complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A in which he has deposed and reiterated all the averments made in the complaint. He has also furnished copy of legal notice Ex.C4, postal receipt Ex.C5, copy of legal notice Ex.C6, postal receipt Ex.C7, copy of trade certificate Ex.C8, copy of delivery challan Ex.C9, copy of statement of account Ex.C10, copy of receipt Ex.C11, Ex.C12 and copy of letter Ex.C13. On the other hand, op has furnished affidavit of Sh. Ishan Kumar, authorized signatory as Ex.RW1/A in which he has deposed and reiterated all the averments made in the written statement. Op has also furnished copy of form for data correction/ deletion Ex.R1, copy of email Ex.R1, copy of letter Ex.R3, copy of letter Ex.R4, copy of application Ex.R5 and copies of documents Ex.R6 to Ex.R12.
6. Undisputedly complainant had purchased a car from opposite party on 29.6.2018 on payment of sale consideration. The complainant had also paid expenses for issuance of registration certificate of vehicle to op no.1 During course of arguments, learned counsel for op namely Sh. Dharminder Chauhan has not denied that complainant had not paid sale consideration as well as expenses including tax for registration of vehicle. It is clear from the evidence of complainant as well as record that temporary number was issued by op and it was valid for 30 days only. It was legal obligation of op to get permanent registration certificate issued from concerned authority from Punjab, but however, same has not been got issued by op till today.
7. The opposite party has taken the plea that due to clerical mistake receipt No.326 dated 30.6.2018 was issued in the name of Ellenabad authority instead of Punjab and on coming to know these facts, the matter for approval from SDM concerned was forwarded for correction of the above said clerical mistake and the above said matter is still in progress and matter may be resolved as early as possible and the registration certificate of vehicle purchased by complainant shall be issued by concerned authority at Punjab in favour of complainant. The op has moved an application to Registering Authority, Ellenabad with request to refund MV Tax and also to unblock chassis number, which was forwarded by Registering Authority to State Transport Commissioner, Haryana vide memo No. 291/ MRC dated 26.7.2018. Further for refund of registration charges i.e. tax and for unblocking chassis number an application was moved by op to State Transport Commissioner, Haryana which was received with information of registration cancellation request vide letter dated 26.8.2019. All these proceedings are under process, which will be resolved as early as possible and complainant will get registration number from concerned Registering Authority at Punjab. From this plea, it stands proved that registration certificate in the name of complainant has not been got issued till date which clearly amounts to deficiency of service and unfair trade practice on the part of op.
8. In view of our above discussion, we allow this complaint and direct the opposite party to get issued registration certificate of vehicle of complainant and thereafter to hand over the same to the complainant within 30 days from the date of receipt of copy of this order. We further direct the op to pay a sum of Rs.20,000/- as compensation for harassment to the complainant and Rs.2000/- as litigation expenses to the complainant. In case opposite party fails to deliver RC within stipulated period, op shall be liable to pay Rs.500/- per day to the complainant on account of compensation and also shall be liable to pay interest @7% per annum on the awarded amount from the date of order till actual payment. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. Member President,
Dated:04.03.2020. District Consumer Disputes
Redressal Forum, Sirsa.
