ORDERS:

Charanjit  Singh, President

1        The complainant has filed the present complaint under Section 34, 35, 36 and 38 of the Consumer Protection Act (herein after called   as 'the Act') against the opposite party by alleging that the complainant has purchased the Royal Enfield Motor Cycle 350 BS IV colour Black bearing No. PB46-AB-2081 Engine No. U3K5COJA434059 Ch. No. ME3U3K5CO JA 434059 from Chhabra Auto Agency Jandiala Road Tarn Taran as per Bill CRM No. Mr. 2704632516 dated 20.1.2018. The above said motor cycle bearing No. PB46-AB-2081 has been fully insured with Tata AIG General Insurance Co. Ltd. since 20 January  2018 to 19 January 2019. Provisional Registration Certificate dated 5.2.2018 by Registering Authority also issued to the complainant.  Pollution under control Certificate dated 25.8.2021 of the said motor cycle bearing No. PB46-AB-2081 is attached. The complainant wanted to sell the above mentioned motor cycle and just for the sake of perusing the online registration record, the complainant used an app and came to know that the above mentioned motor cycle's registration Number was not available in the on line record of the transport department. The complainant approached the opposite party and moved an application dated 10.3.2021 for uploading the registration record of the above mentioned motor cycle which was marked by the opposite party to the concerned official on the same day and he assured to the complainant that the record in question will be uploaded in a week's time. Inspite of awaiting for more than a week no record was uploaded and was not available on line. So the complainant again approached and requested the opposite party who again assured it will he up loaded in a day or two. Non uploading online of the registration of the above mentioned motor cycle has caused harassment, pain and agony to the complainant and prayed that the present complaint may be accepted and prayed  that opposite party be ordered to register the motorcycle baring No. PB46-AB-2081 put online as per Registration Certificate of Royal Enfield Motorcycle 350 BS IV colour Black and also prayed Rs. 50,000/- as compensation and Rs. 30,000/- as litigation expenses. Alongwith the complaint, the complainant has placed on record affidavit of Harmandeep Kaur Sandhu Ex. C-1, Application to SDM Tarn Taran dated 10.3.2021 Ex. C-2, Copy of Adhar Card of complainant Sandeep Kaur Ex. C-3, Copy of Certificate of Registration of Vehicle No. PB46-AB-2081 Ex. C-4, Photo copy of Bill Royal Enfield dated 20.1.2018 Ex. C-5, Photocopy of General Insurance of Vehicle dated 10.1.2018 Ex. C-6, Copy of Provisional Registration Certificate dated 20.1.2018 Ex. C-7, Copy of pollution under control certificate dated 26.2.2021 Ex. C-8.

2        Notice of this complaint was sent to the opposite party but no one appeared on behalf of opposite party and consequently, the opposite party was proceeded against exparte.

3        We have heard the Ld. counsel for complainant and have also carefully gone through the evidence and documents on the file.

4        The complainant has produced on record her affidavit Ex. C-1 and declared that the complainant has purchased Royal Enfield Motor Cycle 350 BS IV colour Black bearing No. PB46-AB-2081 Engine No. U3K5COJA434059 Ch. No. ME3U3K5CO JA 434059 from Chhabra Auto Agency Jandiala Road Tarn Taran as per Bill CRM No. Mr. 2704632516 dated 20.1.2018 Ex. C-5. The above said motor cycle bearing No. PB46-AB-2081 has been fully insured with Tata AIG General Insurance Co. Ltd. since 20 January  2018 to 19 January 2019. Provisional Registration Certificate dated 5.2.2018 Ex. C-7 by Registering Authority also issued to the complainant.  Pollution under control Certificate dated 25.8.2021 of the said motor cycle bearing No. PB46-AB-2081 is Ex. C-8. The complainant further declared that she wanted to sell the above mentioned motor cycle and just for the sake of perusing the online registration record, the complainant used an app and came to know that the above mentioned motor cycle's registration Number was not available in the on line record of the transport department. The complainant approached the opposite party and moved an application dated 10.3.2021 Ex. C-2 for uploading the registration record of the above mentioned motor cycle which was marked by the opposite party to the concerned official on the same day and he assured to the complainant that the record in question will be uploaded in a week's time. She further declared that inspite of awaiting for more than a week no record was uploaded and was not available on line. So the complainant again approached and requested the opposite party who again assured it will he up loaded in a day or two. Non uploading online of the registration of the above mentioned motor cycle has caused harassment, pain and agony to the complainant and prayed that the present complaint may be allowed.

5        The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite party is proceeded against exparte in the present complaint and there is no reason on the file as to why the evidence produced by the complainant be not believed. Otherwise also, due notice was issued to the Opposite Party and opposite party did not appear in this Commission in order to contest the complaint which shows that the Opposite Party has nothing to say upon the allegations leveled against them by the complainant. As such, the complainant is entitled to the relief claimed in the complaint and it stands established on record that the complainant is approaching the opposite party several times but the opposite party did not care to resolve the matter, not only committed deficiency in service, but also indulged in an unfair trade practice.             

6        In light of the above discussion, the complaint succeeds and the same is hereby allowed with costs in favour of the complainant and against the Opposite Party. The opposite party is directed to register the motorcycle bearing registration No. PB46-AB-2081 online as per Registration Certificate of Royal Enfield Motorcycle 350 BS IV Colour Black. The complainant has been harassed by the opposite party for a long time, therefore, the complainant is entitled to Rs. 7,500/- as compensation on account of harassment and mental agony and Rs 5,000/- as litigation expenses. Opposite Party is directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of filing instant complaint till its realisation. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.

Announced in Open Commission

18.07.2023