Delhi

North West

CC/321/2016

SANDHYA SHARMA - Complainant(s)

Versus

SURENDRA NATH ZIBBU - Opp.Party(s)

04 Jan 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST

GOVT. OF NCT OF DELHI

CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.

CC No: 321/2016

D.No.________________________         Date: ________________

IN THE MATTER OF:

Ms. SANDHYA SHARMA D/o SH. V.D. SHARMA,

ADVOCATE 272, GAJANAND BLOCK,

TIS HAZARI COURT, DELHI-110054. … COMPLAINANT         

 

Versus

 

 

1. SH. SURENDRA NATH ZIBBU S/o SH. A.N. ZIBBU,

    R/o J-267, SAKET, NEW DELHI-110017.

 

2. M/s SATYA MOTORS,

    E-2/47, SECTOR-15,

    ROHINI, DELHI.                                              … OPPOSITE PARTY(IES)

 

 

CORAM :SH. M.K. GUPTA, PRESIDENT

                SH. BARIQ AHMED, MEMBER

      MS. USHA KHANNA, MEMBER

                                                            Date of Institution: 04.03.2016   

                                               Date of decision:04.01.2018

 

SH. BARIQ AHMED, MEMBER

 

ORDER

 

1.       The complainant has filed the present complaint against the OPs under Section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant contacted OP-2 for purchase of a 2^nd hand car for her use and OP-2 suggested and got inspected the used car Chevrolet AVEO Saloon, model 2009, bearing registration no. DL-9C-T-1258, engine no. 1181736KCZ, chassis no. 20474

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          owned by OP-1 and on inspection of the vehicle the complainant was satisfied and made a cash payment of Rs.1,35,000/- to OP-2 after finalization of the deal with OP-1 of which OP-1 & OP-2 issued a receipt. The complainant further alleged that OP-1 handed over the physical possession of the car to the complainant without its original registration certificate and consequently the complainant became handicapped and was compelled to put the car parked in a rented accommodation and besides thisthe complainant was forced to use taxi for her to and for journey from Delhi to Jaipur and other outstation visits forwhich the complainant had purchased the car. The complainant further alleged that the complainant was unable touse the car for her official purposes where the complainant had to attend meetings with her clients and the complainant is forced to pay insurance, battery and maintenance charges of the car without it is being used by the complainant and the complainant had to pay the parking charges since the same is not being put in use despite numerous personal meeting and telephonic calls to the OP-1 &    OP-2. The complainant further alleged that in consequence thereof the complainant is made to spent a sum of Rs.20,000/- per month right since its purchase i.e. 31.05.2015 which is due to adamancy and rude behaviour of OP-1 and the complainant accordingly

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          alleged that there is deficiency in service and unfair trade practice on the part of OPs.

2.       On these allegations the complainant has filed the complaint praying for direction to OP-1 to handover the original documents qua vehicle bearing Regn. no. DL-9C-T-1258, OP-1 & OP-2 to pay a sum of Rs.1,00,000/- to the complainant as compensation for non-usage of the vehicle bearing no. DL-9C-T-1258 since 31.05.2015 till date of filing of the complaint as well as compensation of Rs.50,000/- for causing mental agony and harassment.

3.       Notices to OPs were issued through speed post for appearance on 11.05.2016 & 23.11.2016. But none for the OP-1 & OP-2 appeared on 11.05.2016, 04.08.2016, 21.09.2016 & 23.11.2016 despite service of noticesand as such OP-1 & OP-2 have been proceeded ex-parte vide order dated 23.11.2016.

4.       In order to prove her case the complainant filed her affidavit in evidence and also filed written arguments. The complainant has placed on record copy of Registration Certificate in the name of    OP-1, copy of insurance policy in the name of OP-1, copy of cash receipt dated 31.05.2015 of Rs.1,35,000/- in the name of Sandhya Sharma signed by OPs and copy of delivery challan of the vehicle. The complainant has also placed on record some original photographs of OP-2 alongwith vehicle.

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5.       This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, it appears that even after receiving notices of this case from this forum, the OPs have kept mum and have not bothered to answer the case of the complainant. It seems that OPs have no defence in their favour.

6.       As OPs have failed to appear and have not lead any evidence and as such it seems that OPs have no genuine defence. Accordingly, both the OPs are held guilty of unfair trade practice and deficiency in service.

7.      Accordingly, both the OPs jointly or severally are directed as under:-

i)       To handover the original registration certificate of the vehicle bearing no. DL-9C-T-1258, engine no. 1181736KCZ, chassis no. 20474, Chevrolet Aveo Uva Saloon model 2009.

ii)       To pay to the complainant an amount of Rs.20,000/- as compensation including litigation cost towards mental agony and harassment caused to the complainant.

8.       The above amount shall be paid by both the OPs jointly or severally to the complainant within 30 days from the date of receiving copy of this order failing which OPs shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of

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          receiving copy of this order till the date of payment. If OPs fail to comply the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.

9.       Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.

Announced on this 4^th day of January, 2018.

 

 

  BARIQ AHMED                            USHA KHANNA                   M.K. GUPTA

    (MEMBER)                                    (MEMBER)                      (PRESIDENT)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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