Delhi

East Delhi

CC/31/2017

HARI MOHAN - Complainant(s)

Versus

SUPER AUTO CENTER - Opp.Party(s)

24 Jan 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 31/17

 

Shri Hari Mohan

S/o Shri Prakash

R/o A-47, A-Block

Bilaspur Camp, Badarpur

New Delhi – 10 044                                                    ….Complainant

 

Vs.    

 

1. Super Auto Centre

(Through its Proprietors)

Off.: 400, Jheel Khuranja

Delhi – 110 091

 

2. Trilok Singh

Proprietor of Super Auto Centre

Off.: 400, Jheel Khuranja

Delhi – 110 091

 

3. Manpreet Singh

Proprietor of Super Auto Centre

Off.: 400, Jheel Khuranja

Delhi – 110 091                                                               …Opponents

 

Date of Institution: 18.01.2017

Judgement Reserved on: 21.01.2019

Judgement Passed on: 25.01.2019

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

JUDGEMENT

            This complaint has been filed by Shri Hari Mohan against Super Auto Centre (OP-1), Shri Trilok Singh, Proprietor of Super Auto Centre  (OP-2) and Shri Manpreet Singh, Proprietor of Super Auto Centre (OP-3) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.       The facts in brief are that on 25.02.2013, the complainant purchased a Bajaj Auto/TSR bearing no. DL-1RN/7691 from Super Auto Centre (OP-1) by paying a down payment of Rs. 40,000/- for which no receipt was issued by OP-2 and OP-3.  Respondents had received a total sum of Rs. 2,20,000/- from the complainant regarding the sale consideration of the said vehicle. Further an amount of       Rs. 18,000/- towards late fees/delay charges was paid by the complainant to OPs for which no receipt was issued.  Hence, the complainant paid a sum of Rs. 2,78,000/- to respondents. 

          It was stated that when the complainant contacted OP-2 and OP-3 for issuance of NOC/HP, they demanded Rs. 1,61,000/-towards the extra charges and assured that after receiving the said amount, they will issue the NOC/HP to the complainant.

          It was further stated that having no other option, the complainant sent a legal notice to OPs on 16.11.2016 through his counsel which was neither replied nor complied.  Hence, the complainant has prayed for directions to OPs to release/issue the NOC/HP of the vehicle bearing registration no.DL-1RN-7691; to pay an amount of Rs. 2,00,000/- as compensation on account of mental agony and harassment and Rs.20,000/- towards litigation expenses.     

3.       OP-2 appeared in person, but did not file the WS and stopped appearing.  OP-3 did not put the appearance inspite of notice; hence, both OPs were proceeded ex-parte.

4.  

5.       We have heard Ld. Counsel for the complainant and have perused the material placed on record.  From the documents placed on record, it is evident that the complainant have made payment to Super Auto Centre (OP-1) from time to time. He has paid a total sum of Rs. 2,78,000/-, however, he has not placed the agreement  in respect of total amount to be paid. 

As Super Auto Centre (OP-1), Shri Trilok Singh, Proprietor of Super Auto Centre (OP-2) and Shri Manpreet Singh, Proprietor of Super Auto Centre (OP-3) have failed to appear and have been proceeded ex-parte, the testimony of complainant Hari Mohan have to be relied upon.  When he had made a payment of Rs. 2,78,000/-, by not issuing the NOC to the complainant, OP-1 have been deficient in their services.  Thus, there has been deficiency on the part of OP-1 for which liability can be fastened on Super Auto Centre (OP-1).    Shri Trilok Singh and Shri Manpreet Singh (OP-2&3), being Proprietor of Super Auto Centre (OP-1) are jointly and severally liable for the deficiency of OP-1.  Thus, Super Auto Centre (OP-1), Shri Trilok Singh, Proprietor of Super Auto Centre  (OP-2) and Shri Manpreet Singh, Proprietor of Super Auto Centre (OP-3) are jointly and severally liable.

When the complainant have not been given NOC having made the payment, certainly, he has suffered mental pain and suffering for which he has to be compensated. 

In view of the above, we order Super Auto Centre (OP-1), shall issue NOC in respect of Bajaj Auto/TSR bearing no. DL-1RN/7691, to the complainant.  We further direct that complainant be paid an amount of Rs. 10,000/- towards compensation on account of mental pain and suffering.  This includes the cost of litigation.   

          The order be complied within a period of 30 days, if not complied, the amount of compensation of Rs. 10,000/- shall carry 9% interest from the date of order.

          Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

       Member                                                                             Member 

  

            (SUKHDEV SINGH)

                   President