Delhi

North East

CC/103/2019

Sh. Sri Ram - Complainant(s)

Versus

The manager, Aman Motors - Opp.Party(s)

02 Jul 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

Complaint Case No. 103/19

 

 

 

In the matter of:

 

		Sh. Ram S/o Lt.Sh. Hanuman Prasad, R/o H.No. C 1/694, St. No.3, 2ndPusta, Sonia Vihar, Delhi 110094		Complainant
		Versus
		The Manager, Aman Motors, 3rdPusta, Kartar Nagar, Delhi 110053   Also at:- 2ndPusta, Sonia Vihar, Delhi 110094		Opposite Party
			DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                           DATE OF ORDER:		19.11.19 03.04.24 02.07.24

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Ms. Adarsh Nain, Member

ORDER

Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against Opposite Party.

Case of the Complainant                                                                 

1. The case of the Complainant as revealed from the record is that Complainant purchased motorcycle having Chassis No. MBLHAW084KHB 04149, Engine No. HA10AGKHB07298, having Make and Model Hero Motorcycle splendour dated 11.02.19 for sum of Rs. 64,000/- from Opposite Party and Opposite Party issued cash memo bearing no. 32553 dated 11.02.19 and insurance policy insured with ICICI Lombard Ltd. valid from 11.02.19 to 10.02.20. Thereafter Complainant requested officer of Opposite Party for registration of his vehicle and further providing registration certificate of said vehicle but no response was given and on 26.08.19 Complainant sent an email requesting to sent registration certificate of above said vehicle. Thereafter on 13.09.19 Complainant lodged complaint regarding providing registration certificate vide DD no.  27 A dated 13.09.19 to P.S. Sonia Vihar, Delhi but no action was taken. The Complainant stated that on three occasions he has been stopped by traffic police and asked for providing registration certificate but Complainant did not have registration certificate with him and Complainant has been harassed due to deficient service of Opposite Party.  Hence, this shows deficiency in service on behalf of Opposite Party.  The Complainant has prayed that the necessary direction be issued to the Opposite Party to issue the registration certificate of the above said vehicle to the Complainant and Rs. 20,000/- as compensation. He further prayed for Rs. 10,000/- towards litigation expenses.
2. The Opposite Party did not file the written statement within statutory period of 45 days. Therefore, vide order dated 05.03.20 the right of the Opposite Party to file the written statement was closed. However, the Opposite Party has filed written statement and evidence but the same cannot be considered as the order dated 05.03.20 whereby right to file the written statement of the Opposite Party was closed, has attained finality.

Evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments & Conclusion

4. We have heard the Ld. Counsels for Complainant and Opposite Party. We have also perused the file and the written arguments filed by the parties.The case of the Complainant is that he had purchased one bike from the Opposite Party for a sum of Rs. 64,000/- and his case is that despite purchasing the said bike from the Opposite Party, the Opposite Party did not give him registration certificate of the vehicle. The case of the Complainant is that he had purchased the said bike in cash vide receipt no. 32553.
5. The question which is to be decided that whether the Complainant has purchased the bike from the Opposite Party. The Complainant has not produced the invoice regarding the purchase of the bike from the Opposite Party. He has simply filed copy of the receipt bearing no. 32553. The perusal of the said receipt shows that the said receipt does not mention any sale of the motorcycle to the Complainant. The said receipt mention about receiving of   Rs. 64,000/- from the Complainant. No Chassis no. and Engine no. has been mentioned in the said receipt. The relevant part of the said receipt is reproduced as under:
6.  

Received with thanks from M/s Mr. Miss. Sh. Ram

S/o Hanuman Prasad, R/o H.No. C/694, Gali No. 3, Sonia Vihar, Delhi 94

The sum of Rupees Sixty four thousand only

By cash/cheque*/Draft No. Credit Card Cash

Chassis No., Model & Colour SPL+TBS T3C B/G

Challan No.........................................................D. Date..................................

Rs. 64,000/-For Aman Motor

Price applicable at the time of Delivery

*Subject to Realisation of Cheque.                                                (Signature)

E&O.E                                                                                          AUTHORISED SIGNATORY

 

6. This receipt does not show that any bike was sold to the Complainant. Further, the grievance of the Complainant is that the Opposite Party has not issue the registration certificate of the bike to the Complainant. The Complainant has failed to lead any evidence that any registration charges etc. were paid to the Opposite Party. From the perusal of the evidence led by the Complainant, we are of the considered opinion that the Complainant has failed to show that he had ever purchased any bike from the Opposite Party or that he had paid any registration charges to the Opposite Party.
7. In view of the above discussion, we do not see any merit in the complaint. Hence, the complaint is dismissed.
8. Order announced on 02.07.24.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)       (Member)

(Adarsh Nain)       (Member)

(Surinder Kumar Sharma) (President)