Delhi

East Delhi

CC/718/2014

SANJAY - Complainant(s)

Versus

TARU AHONICIES - Opp.Party(s)

-

30 May 2016

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 718/14

 

Shri Sanjay Kumar

S/o Rajender Kumar Aggarwal

R/o 5661, Kucha Khan Chand

Nai Sadak, Delhi – 110 006                                                         ….Complainant

 

Vs.

 

M/s. Taru Agencies & Investments Pvt. Ltd.

11/175, New Moti Nagar

New Delhi                                                                                         ….Opponents

 

Date of Institution: 22.08.2014

Judgment Reserved for : 30.05.2016

Judgment Passed on : 31.05.2016

 

Order By : Shri Sukhdev Singh (President)

 

JUDGEMENT

 

The complainant Shri Sanjay Kumar Aggarwal has filed a complaint against M/s Taru Agencies & Investments Pvt. Ltd., praying for issuance of NOC of vehicle No. DL-2W 5791 along with compensation of Rs. 80,000/- on account of harassment, mental agony and pain and Rs. 25,000/- on account of cost of litigation. 

2.        The facts in brief are that the complainant purchased vehicle bearing No. DL-2W 5791 from Mr. Lali.  The vehicle was financed with the respondent.  The vehicle was transferred on 05.05.12 in the name of the complainant.  At the time of transfer, respondent made a demand of Rs. 11,000/-, but he did not issue the receipt.  Total cost of the vehicle was Rs. 2,40,000/-.  Complainant made a down payment of Rs. 70,000/- and he did not miss any installment.  The respondent received the illegal charges of H.P. Rs. 83,988/- and transfer charges of Rs. 11,000/- which was illegal. 

            The respondent did not issue the NOC after complete payment.  The complainant was shocked when the respondent refused to give NOC of the vehicle and further made a demand of Rs. 20,000/-.  It has been stated that the act of the respondent was clearly unfair, illegal, uncalled and unlawful.    He has further prayed for compensation of Rs. 80,000/- on account of harassment, mental agony and pain along with Rs. 25,000/- as cost of litigation. 

3.        Notice of the complaint was given to the respondent.  Respondent was served, but he did not put the appearance.  Thus, he has been proceeded ex-parte.

4.        In support of his case, the complainant has examined him on affidavit.  He has narrated the facts, which have been stated in the complaint.

5.        We have heard the Ld. Counsel for the complainant and have perused the material placed on record.  From the documents placed on record such as Registration Certificate, it is noticed that the vehicle has been registered in the name of the complainant.  Further, it is noticed that the said vehicle was financed by M/s Taru Agencies and Investments Pvt. Ltd.  From the documents, such as statements, it is noticed that the complainant has made the full payment and the respondent has not issued NOC for vehicle No. DL-2W 5791.  The respondent was under obligation to issue the NOC.  Having received the full payment and not issuing the NOC, the same amounts to deficiency in service.  The complainant having not received the NOC in spite of having made the full payment, certainly, he has undergone mental agony and pain for which he has to be awarded compensation.  Thus, he is entitled for compensation for an amount of Rs. 10,000/- along with the cost of litigation of Rs. 5,000/-.

6.        In view of the above, we direct the respondent to issue NOC and pay a total amount of Rs. 15,000/- (Rs. 10,000/- towards compensation and Rs. 5,000/- as litigation charges).

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)    (SUKHDEV SINGH)

    Member                           Member                                     President