Date of filing : 04.06.2014
Date of order : 03.08.2022
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 3rd DAY OF AUGUST 2022
CONSUMER COMPLAINT NO.29/2014
Thiru. S. Narayanamurthy,
S/o. Sri Rama Gounder,
No. 57, Kavarai Street,
Kannamangalam Village &Post,
Arni Taluk,
Thiruvannamalai District – 632 311. Complainant
-Vs-
1. The Manager, Selvam Motors,
Authorised Dealers for:
Honda Motor Cycle and Scooter India Pvt. Ltd.,
New Bye-Pass Road, Vellore – 632 012.
2. The Regional Manager,
Honda Motorcycle and Scooter Pvt. Ltd, (HMSI),
Plot No: 1and2, Sector – 3, IMT Manesar,
District Gurgaon (Haryana) 122 050.
3. The Regional Transport Officer,
RTO Office, RTO Road, Phase-II,
Sathuvachari, Vellore – 632 009,
4. The Regional Transport Office,
RTO Office, Vellore To Arni Main Road,
Ragunathapuram Koot Road,
Arni, Thiruvanamalai District. Opposite Parties
Counsel for Complainant : Thiru. J. Sridharan
Counsel for first and second opposite parties : Thiru. N. Sivaraj
Third and Fourth opposite parties : Set exparte (19.06.2017)
ORDER
THIRU. A. MEENAKSHI SUNDARAM, B.A.,B.L. PRESIDENT
This complaint has been filed under section 12 of Consumer Protection Act, 1986. The complainant prays to the Commission to direct the opposite parties 1 and 2 to return the money of Rs.4,773/- along with 24 Percentage interest p.a. from 20.02.2014 and to pay a compensation for a sum of Rs.1,00,000/- with interest at the rate of 24 Percentage p.a. from the date of purchase of the bike and to pay a damages for a sum of Rs.1,00,000/- due to the mental agony and worries suffered by the complainant for the deficiency of service by the opposite parties and also to pay the cost of this proceedings to the complainant.
1.The case of the complaint is briefly as follows:
The complainant purchased a Honda Activa Two Wheeler from the first opposite party. The complainant paid a sum of Rs.10,000/- as advance on 11.02.2014. The total cost of the vehicle was Rs.57,087/-. After booking vehicle he was informed on 12.02.2014 by the first opposite party, that the Bike is available for delivery and requested to pay registration charge with the first opposite party. Immediately the complainant rushed to the first opposite party and paid a sum of Rs.9,385/- and the same day or itself. On 30.02.2014, the first opposite party have delivered the bike to the complainant. Further the complainant alleged that the first opposite party have dragged the complainant without any valid reasons and also failed to arrange the loan facility as agreed by the first opposite party. Finally, on 20.02.2014 the first opposite party have intimated that as per the new budget in the cost of the bike would be reduced by Rs.1750/- and if the complainant would make cash payment. Immediately the first opposite party assured to deliver the vehicle. Accordingly, the complainant paid a sum of Rs.40,625/- on 20.02.2014 and the first opposite party was also agreed to register the same before the fourth opposite party within two days. Believing the first opposite party’s words, the complainant has taken the delivery of the vehicle bearing Chassis No: ME4JF501BET265669 and Engine No: JF50ET0265232, model Activa 2014 and the said bike is in the care and custody of the complainant. Thereafter, the complainant made several requests with the first opposite party to register the said bike in his name. But the first opposite party have dragged the complainant without any valid reasons for several times. Finally, on 08.04.2014, the first opposite party had claimed an additional amount of Rs.1,750/- towards the registration expenses without any valid reasons. The first opposite party has refused to register the said bike in the name of the complainant with the reasons best known to them. In fact, the first opposite party collected excess amount and they are liable to refund with 24 Percentage interest. The complainant has requested the first opposite party to repay the excess amount and also register the said vehicle in his name. But the first opposite party have bluntly refused to perform his part of service to the customer. Which is the first opposite party duty to register the bike in the name of the complainant prior to delivery of the same. But the first opposite party has failed to do so. The complainant reliably learned that the first opposite party has always deliver the bike without registration to promote the sales and further to graph excess amount. If anything happened due to non-registration of the bike, the first and second opposite partiesare alone is response for the same. Since the delivered vehicle knowing fully well there are legal consequences for non-registration of the vehicle. Due to the act of the opposite parties, the complainant and his family members has suffered lot of mental agony and mental worries. The first and second opposite parties have been gross negligent and deficiency in service onthe third and fourth opposite partieshave to verify. The first opposite party regarding the delivery of the vehicle to the customer and direct the first opposite party to deliver the vehicle for only after the registration. Hence the complainant issued notice dated 11.04.2014 to the first opposite party. All the opposite parties have received the notices, but no one gave a reply. Hence this complainant approached this Hon’ble Commission for justice, filing this complaint.
2. The written version of first and second opposite parties are as follows:
The complainant booked Activa (SCV 110D) and paid the advance amount of Rs.10,000/- on 11.02.2014. It is the complainant who requested the first opposite party to arrange a loan towards the purchase of the said vehicle. In turn the first opposite party directs the complainant to approach the HDFC Bank, Vellore for said loan.Accordingly, the complainant approached the HDFC Bank and the sanction of loan was under consideration. Under these Circumstances the first opposite party received the Booked vehicle from the second opposite party. So, the first opposite party informed the complainant, that the said vehicle is ready for delivery. On 12.02.2014 the complainant paid Rs.9,385/- and insisted for the delivery of the vehicle. Since the loan for the said vehicle in the Bank was in progress, the first opposite party without receiving the balance amount handed over the vehicle. After informing the risks of taking vehicle without registration. It is the complainant who compels the first opposite to hand over the vehicle immediately and so the first opposite party has no other option except to request the complainant to execute a letter undertaking to bear the risk. The complainant on 12.12.2014 executed the said letter and taken the delivery of the said vehicle and undertake to bring back the vehicle as per the terms of the undertaking letter. It is false to state that on 20.02.2014 that he was intimated that as per the new budget, the cost of the vehicle is reduced to Rs.1,750/- and requested the complainant to make cash payment. It is the complainant who ascertained the details through media and other means approached the first opposite party on 20.02.2014 and to the first opposite part’s surprise the complainant paid the balance amount of Rs.40,625/-. The complainant requested the first opposite party to register the said vehicle on 24.02.2014, the auspicious day and he under takes to leave the said vehicle on 24.02.2014 morning. After that the complainant insisted for the refund of Rs.1,750, the reduction of Tax in the budget amount. At that time the first opposite party clearly stated that the vehicle was sold and delivered to the complainant on 12.12.2014 itself and the matter has been accounted. The reduction of Tax came into force only on 20.02.2014 and so the complainant is not entitled for the reduction of the Tax. As on 20.12.2014, the complainant paid a sum of Rs.60,010/-. Hence the complainant has to pay the balance amount of Rs.1,750/-, the complainant without ascertaining and knowing the reality quarrelled with the first opposite party and left the premises with anger and failed to produce the vehicle for the registration. He made contradictory statements on his legal notice that 13.02.2014, the bike was delivered to the complainant and he has stated that on 20.02.2014, the complainant has taken the delivery. So, the first opposite party at any point of time never refused to register that said bike as mentioned in the notice issued by the complainant and in the complaint. The complainant failed to produce the said vehicle for registration. In fact the first opposite party who send his staff two times to the residence of the complainant. And the complainant had produced for the registration and request of complainant of registering the vehicle. On 12.12.2014, the first opposite party personally explained to the complainant that the seriousness of taking the vehicle without registration. Further he also obtained and undertaking letter dated 12.12.2014 from the complainant, which is clearly reveals the real facts. Inspite of all these facts the complainant has not produced the vehicle for registration. The allegations of the complainant is that the first opposite party is inefficient and deficient in service causes the mental agony to the utter false. So, the non-production of the vehicle by the complainant for registration is his fault and risk and for that the first opposite party is no way responsible for the reliefs claimed by the complainant. The complainant is not entitled for any reliefs sought for in the complaint. There is no cause of action to file this complaint and the complaint is liable to be dismissed with cost.
3. Proof affidavit of complainant filed. Ex.A1 to Ex.A7 were marked. Written argument of complainant filed. Proof affidavit of first opposite party filed. Ex.B1 to Ex.B6 were marked. Written argument of first opposite party filed. Proof affidavit of second opposite party not filed. Documents not filed. Written argument of second opposite party not filed. Oral argument of both sides heard.
4. 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?
5. POINT NOS.1 and 2: The complainant booked a Honda Activa Two Wheeler on 11.02.2014 on payment of Rs.10,000/- as advance with the first opposite party and thereafter he approached the HDFC Bank for availing a loan. But pending processing of the loan, the complainant himself paid the entire sale consideration of the vehicle to the first opposite party on 12.02.2014. The main allegation of the complainant is that he has not registered the vehicle as agreed. But the opposite party has contended that, since he has not produced the vehicle, they could not register the vehicle. To decide this issue, we refer the Motor Vehicle Rules: In view of the Central Motor Vehicle Rules (CMVR),“Running a vehicle without registration number is a crime, Running a vehicle with applied (a/f) plate is also comes under the category of crime”. It shows that on plain reading of the aforesaid rules, the vehicle should not be played, on the public road. But opposite party failed to adhered the aforesaid rules and delivered the vehicle by getting an undertaking which is illegal. The third and fourth opposite parties, despite notice from this Hon’ble Commission, they did not turned up. Therefore they are called absent set exparte. We find that there is a clear violation of Law as well as dereliction of the duty on the part of the first and second opposite parties by delivering the vehicle without registration. In our considered opinion is that first and second opposite parties should not have handed over the vehicle without registration. Hence, these Point Nos. 1 and 2 are decided in favour of the complainant.
6. Point No. 3: As we have decided that the Point Nos.1 and 2 that there is a deficiency in service on the part of the first opposite party. The first opposite party is hereby directed to receive the vehicle from the complainant and register the same within one month from the date of receipt of this order. Further the first and second opposite parties are jointly or severally directed to pay a sum of Rs.1,00,000/- (Rupees One Lakh 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. This Point No.3 is also answered accordingly.
7. In the result, this complaint is partly allowed. The first opposite party is hereby directed to receive the vehicle from the complainant and register the same within one month from the date of receipt of this order. Further the first and second opposite parties are jointly or severally directed to pay a sum of Rs.1,00,000/- (Rupees One Lakh 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 one 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.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the 3rd August 2022
Sd/- Sd/- Sd/-
MEMBER – I MEMBER – II PRESIDENT
LIST OF COMPLAINANT SIDE DOCUMENTS:
Ex.A1 – 11.02.2014 - Copy of the payment receipt.
Ex.A2 – 13.02.2014 - Copy of the payment receipt.
Ex.A3 – 20.02.2014 - Copy of the Payment receipt.
Ex.A4 – 11.04.2014 - Office copy of the legal notice along with postal
receipt.
Ex.A5 – 12.04.2014 - First opposite party served acknowledgement.
Ex.A6 - 15.04.2014 - Third opposite party served postal acknowledgement.
Ex.A7- 13.04.2014 - Fourth opposite party served postal acknowledgement.
LIST OF FIRST OPPOSITE PARTY SIDE DOCUMENTS:
Ex.B1-12.04.2014 - Copy of the undertaking letter
Ex.B2 - Copy of the Retail Invoice
Ex.B3-23.06.2014 - Copy of reply notice
Ex.B4-08.10.2021 - Copy of Tax invoice
Ex.B5-09.12.2019 - Copy of Tax invoice
Ex.B6 - Copy of the undertaking letter
LIST OF SECOND OPPOSITE PARTY SIDE DOCUMENTS: -NIL-
Sd/- Sd/- Sd/-
MEMBER – I MEMBER – II PRESIDENT
