BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
Complaint No.:177 of 2013.
Date of Institution: 09.04.2013.
Date of Decision:21.03.2017
Om Parkash Verma son of Sh. Gulab Singh, resident of Subhash Marg, Vidya Nagar, Meham Road, Bhiwani.
….Complainant.
Versus
- The Manager, Shailesh Auto Mobile, Near Hunnamal Piyau, Rohtak Road, Bhiwani.
- The Manager, Chandrapura Industrial Estate, Halol, District Panchamahals, Gujarat.
…...Opposite Parties.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President
Mrs. Sudesh, Member
Present:- Shri Vinod Parmar, Advocate for complainant.
Shri R.K. Verma, Advocate for OP no. 1.
Shri J.P. Tanwar, Advocate for OP no. 2.
ORDER:-
Rajesh Jindal, President:
The case of the complainant in brief, is that the complainant had purchased a car from Shailesh Auto Mobile in the sum of Rs. 450000/- cash payment. It is alleged that the concerned agency showed the car on loan basis from the Punjab National Bank Bhiwani. It is alleged that due to his mistake of the agency, the vehicle registration authority showed this loan on the car in the R.C. prepared by the Registration office. It is alleged that the complainant approached in the Registration Office Bhiwani for the correction of this mistake and the office suggested to apply for the correction through the agency. It is alleged that the complainant visited several times to the agency for the purpose mentioned above but it did not cared. The complainant further alleged that due to the act and conduct of the respondents, he had to suffer mental agony, harassment and financial loss. Hence, it amounts to deficiency in service on the part of opposite parties and as such, he had to file the present complaint for seeking compensation.
2. On appearance, the OP no. 1 filed written statement alleging therein that the complainant has not come to this Forum with clean hands. It is submitted that an agreement was prepared in the presence of the complainant where he had accepted the loan amount of Rs. 3,50,000/- would be financed from Punjab National Bank and has signed the aforesaid documents after going through it. It is submitted that the complainant made the entire payment in cash and on the request of the complainant the name of the financer was mentioned in the bill and other papers. It is submitted that there is no fault on the part of answering respondent or its officials. Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of opposite party no. 1 and complaint of the complainant is liable to be dismissed with costs.
3. OP no. 2 on appearance filed separate written statement alleging therein that at the time of purchase of the vehicle by the complainant, all the warranty condition were made clear to the complainant and complainant admitting the terms and conditions mentioned in the warranty booklet. It is submitted that the relationship between the answering respondent and OP no. 1 is on principle to principle basis. Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of opposite party no. 2 and complaint of the complainant is liable to be dismissed with costs.
4. In order to make out his case, the complainant has placed on record affidavit Annexure CW1 and documents Annexure A to Annexure H alongwith supporting affidavit.
5. On the other hand, counsel for the OP no. 1 has tendered into evidence documents Annexure R-1 to R-3 and counsel for OP no. 1 has tendered into evidence affidavit Annexure R-1.
6. We have gone through the record of the case carefully and have heard the learned counsels for the parties.
7. Learned counsel for the complainant reiterated the contents of the complaint. He submitted that the complainant had purchased the car in question from OP no. 1 against cash payment of Rs. 4,50,000/-. The OP no. 1 has shown the car on loan basis from Punjab National Bank, Bhiwani. Hence, the registering authority has shown loan on his car. The complainant approached the Registering Authority, Bhiwani and the OP no. 1 for the correction of the wrong entry of bank in his registration certificate of the car.
8. Learned counsels for the Ops no. 1 & 2 reiterated the contents of their reply, respectively. He submitted that this mistake has occurred due to the complainant and there was no fault on the part of the OP no. 1. He submitted that the OP no. 1 is ready to do the needful. He admitted that the complainant had purchased the car from the OP no. 1 against cash payment.
9. Admittedly, the car in question was purchased by the complainant from OP no. 1 against cash payment. If any entry of loan from Punjab National Bank, Bhiwani has been mentioned on the registration certificate of the car of the complainant is against the fact. We allow the complaint of the complainant against the Ops. We direct the Ops to get issue the necessary certificate from Punjab National Bank, Bhiwani for deleting the charge of the said bank from the registration certificate of the car of the complainant. The Ops are further directed to execute the necessary documents as required by the concerned registering authority for the purpose. The complainant is directed to approach the OP no. 1 to get issue and execute the necessary documents. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 21.03.2017.
(Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Sudesh)
Member
