DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, CAMP COURT, AT AMRITSAR, PUNJAB.

 

Complaint Case No : RBT/CC/2018/453.

Date of Institution   : 22.06.2018/29.11.2021.

Date of Decision    : 19.07.2022.

Pritpal Singh son of Sh. Gurdial Singh resident of House No. 10664, Kot Atam Ram, Sultanwind Road, Tehsil & District Amritsar.    

                …Complainant Versus

1.Sangam Auto Wheels Batala Road, Op. Bank of India Amritsar through its Prop./Partner. 

2.Capitcal First Limited, One Indiabulls Centre, Tower 2A & 2B, 10th Floor, Senapati Bapat Marg, Lower Parel (West), Mumbai 400013 India. Presently Amritsar Office at Batala Road, OP Bank of India Amritsar through its Authorized Signatory.     

               …Opposite Parties

 

Complaint Under Section 11 & 12 of the Consumer Protection Act, 1986, as amended upto date. 

 

Present: Complainant in person.

Sh. Munish Menon Adv counsel for opposite party No. 1.

Opposite party No. 2 exparte.

 

 

Quorum:-

1. Sh. Ashish Kumar Grover : President

2.Smt. Urmila Kumari : Member

 

(ORDER BY ASHISH KUMAR GROVER, PRESIDENT):

 

1. The present complaint has been received by transfer from District Consumer Commission, Amritsar in compliance of the order dated 26.11.2021 of the Hon'ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh. The complainant has filed the present complaint Under Section 12 & 13 of the Consumer Protection Act, 1986 against Sangam Auto Wheels and others (hereinafter referred as opposite parties).

2. Brief facts of the case are that the complainant purchased one TVS Jupiter having Chassis No. MD626EG48JIA24373, Engine No. EG4AJ1079604 vide bill No. 2419 dated 20.3.2018 from the opposite party No. 1 for an amount of Rs. 51,477/- in 24 installments of Rs. 2,790 per month. It is alleged that the complainant paid Rs. 7,000/- on 20.3.2018 as down payment and as per agreement No. 14588581 of opposite party No. 2 the complainant has to pay Rs. 2,790/- in 24 months i.e. from 23.5.2018 to 20.5.2020 and the complainant has deposited two installments of 2 May 2018 and 2 June 2018 in his bank account. It is alleged that the complainant has already paid the amount of insurance of the above said vehicle alongwith the registration charges on dated 20.3.2018. It is alleged that at the time of purchasing the above said vehicle the opposite parties No. 1 & 2 told the complainant that the registration certificate of the above said vehicle will be delivered within one month. The complainant approached the opposite parties since 1 May 2018 to get the registration certificate but the opposite parties linger on the matter on one pretext or the other. It is further alleged that due to the above said act of the opposite parties the complainant has suffered mental agony and harassment and it amounts to deficiency in service and unfair trade practice on the part of opposite parties. Hence, the present complaint is filed for seeking the following reliefs.- 

i)The opposite parties may kindly be directed to handover the registration certificate of the vehicle in question to the complainant. 

ii)The opposite parties further may kindly be directed to pay the compensation on account of mental and physical harassment to the complainant.  

3. Upon notice of this complaint, the opposite party No. 1 appeared and filed written statement by taking preliminary objections interalia on the grounds of no cause of action and the present complaint is false and frivolous etc. It is further alleged that the complainant purchased the vehicle in question from the opposite party No. 1 on 20.3.2018 for an amount of Rs. 51,477/- and he also opted to get the insurance and registration done from the opposite party No. 1, so he was liable to pay Rs. 1945/- for insurance and Rs. 3675/- for registration of the said vehicle and Rs. 2416/- for accessories, Rs. 700/- service charges, Rs. 100/- Cow Cess, in total the complainant was liable to pay Rs. 60,313/- to the opposite party No. 1 and the rest of the amount was got financed by him form the opposite party No. 2. However, the opposite party No. 1 received Rs. 52,950/- from the opposite party No. 2 in total the opposite party received Rs. 59,950/-. Since there was shortfall of Rs. 363/-, the complainant was told to deposit the same but the complainant requested that he would make the payment of balance amount on next day and would take the Provisional Registration Certificate for the said vehicle. But thereafter the complainant never contacted the opposite party and as such in routine business the registration of the said vehicle remained pending. It is further alleged that in order to avoid any further complication, the opposite party No. 1 issued Provisional Registration Certificate for the vehicle in question with the registration No. PB-02-DP-3813 and requested the complainant to collect the same, but the complainant never turned up for the same. On merits, the opposite party No. 1 denied the case of the complainant and prayed for the dismissal of complaint. 

4. Notice was sent to opposite party No. 2 but none appeared on behalf of opposite party No. 2 and was proceeded against exparte vide order dated 20.9.2018.

5. In support of his case the complainant at the time of filing the present complainant filed his own affidavit and documents Ex.C-1 to Ex.C-4. The complainant has also filed rejoinder to the written version filed by the opposite party No. 1.  

6. On the other hand, to rebut the case of the complainant the opposite party No. 1 at the time of filing written version has filed documents Ex.O.P1 and O.P2. 

7. We have heard the complainant and Ld. Counsel for the opposite party No. 1 and have gone through the documents placed on record by the parties. 

8. It is admitted case of the complainant that the complainant purchased the above said vehicle vide bill No. 2419 dated 20.3.2018 from the opposite party No. 1 for an amount of Rs. 51,477/- i.e. Ex.C-2. It is also admitted case of the complainant that to get the insurance of the said vehicle and for registration certificate the complainant paid the above said amount to the opposite party No. 1. It is further admitted case of the complainant that  the complainant paid Rs. 7,000/- on 20.3.2018 Ex.C-3 as down payment to the opposite party No. 1 and the rest of the amount was got financed by him from the opposite party No. 2. The complainant also argued that at the time of purchasing the above said vehicle the opposite parties No. 1 & 2 told the complainant that the registration certificate of the above said vehicle will be delivered to him within one month but till today the opposite party No. 1 did not deliver the registration certificate to the complainant and lingered on the matter on one pretext or the other. 

9. On the other hand, Ld. Counsel for opposite party No. 1 argued that the complainant purchased the vehicle in question from the opposite party No. 1 on 20.3.2018 for an amount of Rs. 51,477/- and he also opted to get the insurance and registration done from the opposite party No. 1, so he was liable to pay Rs. 1945/- for insurance and Rs. 3675/- for registration of the said vehicle and Rs. 2416/- for accessories, Rs. 700/- service charges, Rs. 100/- Cow Cess, in total the complainant was liable to pay Rs. 60,313/- to the opposite party No. 1 and the rest of the amount was got financed by him form the opposite party No. 2. It is further argued by the Ld. Counsel for opposite party No. 1 that however the opposite party No. 1 received Rs. 52,950/- from the opposite party No. 2 in total the opposite party received Rs. 59,950/-. It is further argued that  since there was shortfall of Rs. 363/- and the complainant was told to deposit the same but the complainant requested that he would make the payment of balance amount on next day and would take the Provisional Registration Certificate for the said vehicle, but thereafter the complainant never contacted the opposite party No. 1 and as such in routine business the registration of the said vehicle remained pending. It is further argued that in order to avoid any further complication, the opposite party No. 1 issued Provisional Registration Certificate for the vehicle in question with the registration No. PB-02-DP-3813 i.e. Ex.O.P1 and requested the complainant to collect the same, but the complainant never turned up to collect the same.

10. On the perusal of the file it is proved that the complainant at the time of purchasing the above said vehicle has paid the requisite charges to the opposite party No. 1 to get the insurance of the vehicle and for registration certificate but the opposite party No. 1 has failed to issue the registration certificate of the vehicle in question to the complainant till today. The opposite party No. 1 has alleged in its written version that the complainant never turned up to collect the registration certificate from the opposite party No. 1, but the opposite party No. 1 has failed to place on record any document to indicate that they sent any letter to the complainant to collect the same. Moreover, the complainant has filed the present complaint on 22.6.2018 and he has purchased the above said vehicle on 20.3.2018 after the period of 3 months and the Ex.O.P1 shows that the provisional registration certificate made on 20.9.2018 which shows that the opposite party No. 1 has processed or apply for the registration certificate of the above said vehicle later on despite taking the charges of the same from the complainant at the time of purchasing the vehicle. Even the opposite party has failed to place on record any document to show that they have applied for the registration certificate of the above said vehicle with registering authority within time or before filing the present complaint. Therefore, it is  clear cut deficiency in service on the part of the opposite party No.1.

11. In view of the above discussion, the present complaint is partly allowed against the opposite party No. 1 and the opposite party No. 1 is directed to deliver the registration certificate of the vehicle in question to the complainant. The opposite party No. 1 is further directed to pay Rs. 3,300/- on account of mental agony and harassment to the complainant and Rs. 2,200/- on account of litigation expenses. Compliance of the order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of the order will be supplied to the parties free of costs by the District Consumer Commission, Amritsar as per rules. File be sent back to District Consumer Commission, Amritsar.  

ANNOUNCED IN THE OPEN COMMISSION:

       19th Day of July, 2022

 

 

            (Ashish Kumar Grover)

            President             

 

(Urmila Kumari)

Member