Date of filing : 06.07.2021
Date of order :08.02.2023
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE
PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A., B.L. PRESIDENT
THIRU. R. ASGHAR KHAN, B.Sc., B.L. MEMBER – I
SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A., MEMBER-II
WEDNESDAY THE 8th DAY OF FEBRUARY 2023
CONSUMER COMPLAINT NO. 19/2021
G. Rajkumar,
S/o. M. Ganesan,
No.36/62, V.P. Koil Street,
Pazhanipet,
Arakkonam – 631 002,
Ranipet District. ...Complainant
-Vs-
1. Shree Shakthi Motors,
Rep. by its Authorised Main Dealer for Yamaha Motors,
No.1, Ramadoss Nagar,
Sholingar High Road,
Arakkonam – 631 001,
Ranipet District.
2. Shree Sakthi Auto Consulting,
Reb. by its Authorised Manager,
No.12/3, Sathiya Moorthy Street,
Stuartpet,
Arakkonam – 631 001,
Ranipet District. ...Opposite parties
Counsel for complainant : Thiru. S. Vetrivelan & A.Sheikbabu
Counsel for first and second opposite parties: R. Kalaichelvan
ORDER
THIRU. A. MEENAKSHI SUNDARAM, B.A., B.L. PRESIDENT
This complaint has been filed under section 35 of Consumer Protection Act 2019. The complainant has prayed this Hon’ble Commission to direct the 1st opposite party to complete the registration process of the two wheeler belonging to the complainant within the time that may be stipulated by this Hon’ble Commission or to refund amount of Rs.27,950/- with interest at 18% per annum from the date of payment and to pay a sum of Rs.5,00,000/- as compensation for the deficiency in service and mental agony and monetary loss, due to the acts of gross negligence and the second opposite party not to seize the two wheeler of the complainant till the disposal of this complaint, and to refund the EMIs paid by the complainant to an amount of Rs.14,250/- with interest 18% p.a. from the respective dates of payment.
1. The Case of the complaint is briefly as follows:
The complainant had approached on 03.06.2020 the 1st opposite party for the purchase of a two wheeler i.e. Yamaha Saluto RX. The total cost is Rs.77,950/-. The complainant paid a sum of Rs.2,000/- by way advance, on 04.06.2020 he also paid Rs.25,950/- as a down payment. The balance of Rs.50,000/- would be paid by availing the loan. The EMI was Rs.2,850/-. The first opposite party delivered of requesting the same with CTO after Covid 19 pandemic is over. That being so the complainant continued to pay the EMI till 04.11.2020, which total to Rs.14,250/-. Though the pandemic situation was over had approached the first opposite party on several occasion for registration of his vehicle with the RTO Office, but the first opposite party for some or the other reason did not register the vehicle and as a result he would not ride his motorbike in public. Therefore, the purpose for which he bought the vehicle became futile. Therefore, the complainant was forced to keep the vehicle idle. Hence, the complainant suffered mental agony and he also lost his hand earned money which also made him stressful. Therefore, the opposite party is liable to compensate the complainant suitably. Narrating the same, he has issued a legal notice on 09.04.2021. But, there was response from the opposite party, hence, this complaint.
2. The written version of first opposite party is as follows:
In the written version filed by first opposite party stating that at the time of selling the said vehicle this opposite party informed the complainant that the State Bank of India, has charged the new vehicle form BS-III to B-SIV. All new vehicle must be in BS-IV certificate. Then only, the vehicle will be registered with the RTO Office. At the time of covid 19 pandemic situation Government Website was not working properly, to get BS-IV Certificate and also unable to register the complainant’s vehicle before the RTO office. But the complainant did not understand the difficulty in the registration of the vehicle, he compelled the opposite party to deliver the vehicle without registration and he has also given an under taking to that effect. It is true that he has paid a sum of Rs.27,950/- towards the down payment and he has availed a loan of Rs.50,000/- and he has to re pay the same by way of 24 EMI’s. The reason for non registration of the vehicle is only because of the notification of this vehicle without bothering about the consequences, despite our instructions. Therefore, there is no deficiency in service on the part of the first opposite party. The complainant has filed this complaint by suppressing the material facts. Therefore, this complaint is liable to be dismissed.
3. On receipt of this notice from this Hon’ble Commission. The second opposite party received the notice and appeared this commission. But written version not filed. Hence, the second opposite party set exparte.
4. Proof affidavit of complainant filed. Ex.A1 to Ex.A14 were marked. Proof affidavit of first opposite party not filed. Opposite party document was not marked. Written arguments of complainant filed. Written argument of first opposite party not filed. Oral arguments of both sides heard.
5. The Points that arises for consideration are:
1. Whether there is any deficiency in service on the part of the opposite
parties?
2. Whether the complainant is entitled for relief as claimed in the complaint?
3. To what relief, the complainant is entitled to?
6. POINT NOS. 1 & 2
During the argument both the parties along with their counsel were present. The opposite party’s counsel fairly consented to refund the amount they have received as a consideration from the complainant and from the finance company, i.e. amounting to Rs.41,250/-. The only disputes between two parties are quantum of the compensation. In this regard the counsel for the complainant contending that the purpose in which the vehicle was purchased became futile, because the first opposite party failed to register the vehicle with the RTO. For which the opposite party is liable to compensate to met out the suffering of the complainant. On the other hand the counsel for first opposite party, since the complainant has not approached this Hon’ble Commission with clean hands he is not entitled for any compensation. Because the complainant is continued to riding the vehicle without registering with RTO. Further, he has not paid the entire loan amount to the Finance Company. Therefore, the complainant is not entitled for any compensation from the opposite party.
7. Heard both side considering the averment made in the complaint and documents, we are of the consider opinion that there is a deficiency in service on the part of the opposite party. However, since the opposite party themselves came forward to refund the amount paid by the complainant. We ordered to refund Rs.41,250/- with reasonable interest. Hence, these Point Nos.1 and 2 are decided in favour of the complainant.
8. POINT NO. 3:
As we have decided in Point Nos.1 and 2 that there is a deficiency in service on the part of the first opposite party. The complainant is hereby directed to return the unregister YAMAHA SALUTO RX Motor bike with the first opposite party. The first opposite party is hereby directed to refund Rs.42,250/- (Rupees Forty Two Thousand Two Hundred and Fifty only) the amount paid by the complainant with 9% interest p.a from 4.11.2020 to till the date of this order and to pay a sum of Rs.20,000/- (Rupees Twenty Thousand only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) towards cost to the complainant. Hence this Point No.3 is also answered accordingly.
In the result, this complaint is partly allowed. The complainant is hereby directed to return the unregister YAMAHA SALUTO RX Motor bike with the first opposite party. The first opposite party is hereby directed to refund Rs.42,250/- (Rupees Forty Two Thousand Two Hundred and Fifty only) the amount paid by the complainant with 9% interest p.a from 4.11.2020 to till the date of this order and to pay a sum of Rs.20,000/- (Rupees Twenty Thousand only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) towards cost to the complainant, within Two month from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% per annum from the date of this order to till the date of realization. As against the second opposite party this complaint is dismissed.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the 8th February, 2023.
Sd/- Sd/- Sd/-
MEMBER – I MEMBER – II PRESIDENT
LIST OF COMPLAIANNT SIDE DOCUMENTS:
Ex.A1 - 03.06.2020 – Copy of receipt No.6349 issued by the first opposite party
Ex.A2 – 04.06.2020 – Copy of receipt No.6351 issued by the first opposite party
Ex.A3 – 09.04.2021 - Copy of Legal Notice issued by the complainant
Ex.A4 – 13.04.2021 - Copy of Postal acknowledgement card signed by the first
opposite party
Ex.A5 – 12.04.2021 - Copy of postal acknowledgement card signed by the second
opposite party
Ex.A6 – 04.07.2020 - Copy of receipt No.24499 issued by the second opposite party
Ex.A7 – 04.08.2020 - Copy of receipt No.24584 issued by the second opposite party
Ex.A8 – 04.09.2020 - Copy of receipt No. 24700 issued by the second opposite
Party
Ex.A9 - 04.10.2020 - Copy of receipt No.24864 issued by the second opposite party
Ex.A10- 04.11.2020- Copy of receipt No.24997 issued by the second opposite party
Ex.A11- 04.06.2020 – Copy of delivery challan vide receipt No. 6146
Ex.A12 - Copy of EMI pass Book issued by the second opposite party
Ex.A13 - Copy of Adhar card of the complainant
Ex.A14 - Copy of family card of the complainant
LIST OF FIRST OPPOSITE PARTY SIDES DOCUMENTS: -NI-
Sd/- Sd/- Sd/-
MEMBER – I MEMBER – II PRESIDENT
