Haryana

Karnal

CC/153/2023

Ranbir Singh - Complainant(s)

Versus

RSA Automobiles - Opp.Party(s)

Jai Bhagwan Samana

05 Aug 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                        Complaint No. 153 of 2023

                                                        Date of instt.09.03.2023

                                                        Date of Decision:05.08.2024

 

Ranbir Singh aged about 46 years son of Shri Ram Dia, resident of village Raipur Roran, tehsil Nilokheri, District Karnal. Aadhaar no.7266 1279 4645.

                                               …….Complainant.

                                              Versus

 

1. RSA Automobiles, Jhansa Road, Kurukshetra (HR), through its Proprietor/partner Mr. Ankush Kathuria.

 

2. Ankush Kathuria son of Shri Raghu Nath, Proprietor of M/s Raghu Nath and sons, Building Material, Jhansa Road, Ismailabad, District Kurukshetra.

 

                                                                    …..Opposite Parties.

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before   Shri Jaswant Singh……President.     

      Shri Vineet Kaushik…….Member

      Ms. Sarvjeet Kaur .…..Member

 

 Argued by: Shri Jai Bhagwan, counsel for the complainant.

                    Opposite parties exparte, vide order dt.21.11.2023.

 

                     (Jaswant Singh, President)

ORDER:   

                

                The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that OP no.1 previously running a business firm under the name and style of M/s RSA Automobiles, at Jhansa Road, Kurukshetra (HR) and deals in Sale of New Tractors. The complainant came to know that now OP no.1 has closed his aforesaid business firm M/s R.S. Automobiles and has started doing business of Building Material by constituting a new Firm under the name and style of M/s Raghu Nath and Sons, Building Material, Jhansa Road, Ismailabad, District Kurukshetra. On 07.02.2022, complainant had purchased an Eicher Tractor Model-242 Engine no.531229102357, chasis no.931310205569, model 2022 from the business firm of OP no.1 i.e. RSA Automobile by paying total sale consideration of Rs.5,83,000/- through invoice no.TR/22, dated 07.02.2022 duly signed by the Partner of the Firm M/s RSA Automobile, Jhansa Road, Kurukshetra. At the time of purchasing the said tractor, OP no.1 had not given original invoice, form 21, form 22, Temporary Registration Certificate, which are required for registration of the aforesaid tractor in the office of Registering Authority (MV), Karnal, because the OP no.1 had agreed to update the vehicle details on online portal and to get register the aforesaid tractor in the office of Registering Authority, Karnal in the name of the complainant. The expenses qua registration the aforesaid tractor in the office of Registering Authority, Karnal was including in the total sale consideration of Rs.5,83,000/-. The OP no.1 had given an assurance to the complainant that after getting registration of said tractor, OP would provide Registration Certificate of said tractor to the complainant within 15 days. After waiting 15 days, complainant visited the office of OP no.1 but OP no.1 instead of giving Registration Certificate of said tractor postponing the matter on one pretext or the other. Lateron, complainant surprised to see that the OP no.1 has closed his aforesaid business firm M/s RSA Automobiles, Jhansa Road, Kurukshetra without giving any prior intimation and all the time when the complainant visited the premises of the aforesaid business firm of OP no.1 was found locked. Complainant on account of non-availability of Registration Certificate of said tractor, complainant could not used his tractor in proper manner on road and accordingly the complainant is suffering lot of financial loss day by day, which also caused mental and emotional harassment to the complainant. Thereafter, complainant came to know from reliable sources that now OP no.1 has started doing another business of Building Material by constituting a new firm under the name and Style of M/s Raghu Nath and Sons, Building Material, Jhansa Road, Ismailabad, District Kurukshetra. Complainant contacted the OPs on the new address and requested to provide Registration Certificate of the tractor but OPs said that now OP no.1 is not doing the business of selling tractors, so he is not responsible for providing the Registration Certificate. Then complainant demanded original invoice, form-21, form-22, temporary registration certificate, which are required for the registration of the aforesaid tractor but OP no.1 flatly refused to deliver the said documents. Due to this act and conduct of OPs, complainant has suffered mental pain, agony, harassment as well as financial loss. Then complainant sent a legal notice dated 15.02.2023 but it also did not yield any result.  In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, OPs did not appear despite service and opted to be proceeded against exparte, vide order dated 21.11.2023 of the Commission.

3.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of legal notice Ex.C1, copy of sale letter Ex.C2, copy of postal receipts Ex.C3 and Ex.C4 and closed the evidence on 22.04.2024 by suffering separate statement.

4.             We have heard the learned counsel for the complainant and have gone through the record available on the file carefully.

5.             Learned counsel for the complainant, while reiterating the contents of written version, has vehemently argued that on 07.02.2022, complainant purchased a tractor from the OP no.1. OP no.1 had not given original invoice, form 21, form 22, Temporary Registration Certificate for registration of the aforesaid tractor. OP no.1 had agreed to update the vehicle details on online portal and to get register the aforesaid tractor in the name of the complainant, within 15 days. The expenses qua registration of the aforesaid tractor was included in the total sale consideration of Rs.5,83,000/- but OP no.1 did not provide the Registration Certificate of the aforesaid vehicle till today and lastly refused to get register the tractor. Then, complainant demanded original invoice, form-21, form-22, temporary registration certificate, which are required for the registration of the aforesaid tractor but OPs flatly refused to deliver the said documents and lastly prayed for allowing the complaint.

6.             The onus to prove his case was relied upon the complainant but complainant has miserably failed to prove the same by leading any cogent and convincing evidence. To prove his case complainant has placed on file, only copy of legal notice Ex.C1, copy of sale letter Ex.C2, copy of postal receipts Ex.C3 and Ex.C4, except these documents, there is nothing on file to prove that OPs have not provided the original documents to the complainant for registration of the tractor in question. Complainant purchased the tractor on 07.02.2022 and sent the legal notice Ex.C1, upon which no date has been mentioned and only month and year has been mentioned, but postal receipts of the said notice are dated 15.02.2023. Meaning thereby, no notice have been sent to the OPs. The case of the complainant is based upon the Tax Invoice Ex.C2 dated 07.02.2022 but on the said tax invoice it is nowhere mentioned that OPs have not provided the documents for registration of the tractor in question to the complainant. Furthermore, Complainant purchased the tractor on 07.02.2022 and it is not possible that complainant has not collected the documents for the period of more than one year. Thus, there is no deficiency in service and unfair trade practice on the part of the OPs

7.             Thus, as a sequel to abovesaid discussion, the present complaint is devoid of merit and deserves to be dismissed and same is hereby dismissed. No order as to costs. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:05.08.2024                                                                     

                                                               

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

 (Vineet Kaushik)       (Sarvjeet Kaur)

                          Member                          Member