Complainant Ram Lubhaya has filed the present complaint against the opposite parties U/S 35 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to get back the Scooty bearing Chassis No.ME4JF49AGJU051760 and Engine No.JF49EU3172920 having BS IV Emmission Norms, forthwith and pay back/return the whole amount of Rs.71,000/- which includes the charges of insurance and preparation of Registration Certificate alongwith interest @ 18% per annum from the date of payment or to replace the said vehicle with the vehicle having valid Emission norms with his consent. Opposite parties be further directed to pay Rs.2,25,000/- as compensation on account of loss and damages suffered by him in the hands of opposite parties due to deficiency in service on their part, in the interest of justice and fair play to the parties.

2.        The case of the complainant in brief is that on 21.3.2020 as per advise by employee of opposite party no.2 he purchased scooty type 31D/GRAZIA/DRUM Alloy of make Honda and deposited a sum of Rs.71,000/- (Ex.C-2) which includes consideration amount of the vehicle i.e. Rs.64059/- (Ex.C-3) plus all other charges including insurance and expenses for the Registration Certificate to the tune of Rs.6941/- and insurance cover/papers (Ex.C-1) was handed over to him on the same day by opposite parties no.2 and 3. Thereafter, he on the same day visited the office of opposite party no.2 at Gurdaspur and signed some documents for the purpose of registration of purchased Scooty bearing Chassis No.ME4JF49AGJU051760 and Engine No.JF49EU3172920 of BS IV Emmission Norms having brand name GRAZIA. He has next pleaded that soon after the Govt. clamped complete lockdown/curfew in view of spread of Covid-19 Pandemic. Both the opposite parties no.2 and 3 provided Insurance cover of the vehicle but all other original bill receipts regarding payment of  its price and other registration charges etc. were kept by the opposite parties no.2 and 3 on the pretext of registration of the vehicle/Scooty in the office of RTO.  He contacted the opposite parties no.2 and 3 on telephone repeatedly for getting Registration  Certificate of the Scooty but all in vain due to Covid-19. He has further pleaded that after sometimes, the opposite parties no.2 and 3 started saying that the Govt. of India has stopped registering the BS-IV vehicle during the lockdown period.  He also further alleged in the letter/reply through opposite party no.3 that the dispute qua registration of BS-IV vehicle is pending in the Hon’ble Supreme Court of India. Again further said that whenever Govt. starts  registration of BS-IV vehicles, the R.C. of his Scooty will be handed over after its completion from the office of R.T.O. vide copy of letter/certificate (Ex.C-6) issued by the opposite party no.3. It was also pleaded that in the letter/certificate issued by opposite party no.3 that Govt. had allowed time for registration of BS-IV vehicle only upto 31.3.2020 which elapsed during the curfew/complete lockdown period. Thus all the opposite parties till date have failed to provide him the registration certificate. He has next pleaded that inspite of spending huge amount of money of Rs.71,000/- he failed to use the vehicle for his conveyance freely as per his wishes. The Scooty in question is lying  useless in his house. He also requested all the opposite parties repeatedly to get back the vehicle and return his amount or to replace the vehicle with the vehicle having valid Emission norms, but of no use. Further he issued legal notice through his counsel on 12.4.2021 but all the opposite parties inspite of receiving the registered notice did not reply the same till date.  Thus, there is deficiency in service on the part of the opposite parties. Hence this complaint.

 3.    R.C. of opposite party no.1 has not been received back. Period of 30 days had already been elapsed. Presumption could be drawn that opposite party no.1 had been served but was intentionally evading the service of the notice. R.C. of opposite party no.3 had been received back with the report of ‘Refusal’. Refused report of service conveyed that opposite party no.3 had been served but it was intentionally evading the service of the notice. Case called several times, but none had appeared on behalf of opposite parties no.1 and 3. Hence, opposite parties no.1 and 3 were ordered to be proceeded against exparte vide order 14.7.2021. On 30.6.2021 Sh.Kabir Bahl, Adv. had appeared on behalf of opposite party no.2 and filed vakalatnama. Thereafter on 8.10.2021 it was ordered by this Commission that on the last date of hearing none had appeared on behalf of opposite party no.2 for depositing of costs of Rs.500/- and for filing of written reply. Case called several times, but none had appeared on behalf of opposite party no.2 for depositing of costs and for filing of written reply. Hence, opposite party no.2 was ordered to be proceeded against exparte.

4.          Alongwith the complaint, Sh.Ram Lubhaya, complainant has filed his own affidavit Ex.CW-1/A, copies of documents Ex.C-1 to Ex.C-10.

5.         Written arguments have been filed on behalf of complainant.

6.     We have carefully gone through the pleadings of counsel for the complainant and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the complainant for the purposes of adjudication of the present complaint.

7.       The complainant has pleaded in its complaint that on 21.3.2020 as per advise by employee of opposite party no.2 he purchased scooty type 31D/GRAZIA/DRUM Alloy of make Honda and deposited a sum of Rs.71,000/-  Ex.C-2 which includes consideration amount of the vehicle i.e. Rs.64059/-  (Ex.C-3) plus all other charges including insurance and expenses for the Registration Certificate to the tune of Rs.6941/- and insurance cover/papers  (Ex.C-1) was handed over to him on the same day by opposite partiesno.2 and 3. Thereafter, he on the same day visited the office of opposite party no.2 at Gurdaspur and signed some documents for the purpose of registration of purchased Scooty bearing Chassis No.ME4JF49AGJU051760 and Engine No.JF49EU3172920 of BS IV Emmision Norms having brand name GRAZIA but the Registration Certificate has not been made till date. 

8.      It is further alleged by complainant that on pursuing the matter with opposite party, they started saying that the Govt. of India has stopped the registering the BS-IV vehicle during the lockdown period. Complainant also quoted the referring of letter of opposite party, Punjab Automobiles which is placed at Ex.C-6 saying that Govt. has given the time upto 31.3.2020 for registration of BS-IV vehicle and there was lockdown from 22.3.2020. From the letter of opposite party at Ex.C-6 it is the admitted fact by opposite party that they have not completed the formalities for registration of the vehicle in question. It is also the fact that complainant is unable to use the vehicle in question without proper R.C. and this vehicle is of no use for him inspite of spending huge amounts.

9.        Ram Lubhaya’s  pleading has been supported with his affidavit placed on file as Ex.CW1/A.

10.           The opposite party has failed to file any reply and rebut the allegations leveled in the complaint. Opposite party was ordered exparte as per interim order dated14.07.201 and 08.10.2021 and thus, has impliedly admitted the claim of the complainant.

11.       From the above, we are of the considered view that complainant purchased the vehicle on 21.3.2020 and ban was imposed on 31.3.2020. So the opposite party was having sufficient time to get the vehicle registered with appropriate authority. But opposite party fails to do perform their duty and is clear cut deficiency in service. Moreover opposite party has already been declared exparte.

12.          In view of the aforesaid discussion, facts and circumstances of the case, the present complaint is partly allowed and opposite parties are directed to get back the Scooty bearing Chassis No.ME4JF49AGJU051760 and Engine No.JF49EU3172920 having BS IV Emmission Norms, forthwith and return the whole amount of Rs.71,000/- including the charges of insurance and preparation of Registration Certificate alongwith interest @ 9% per annum from the date of payment  till actual realization besides this opposite parties shall also pay Rs.10,000/- as compensation and Rs.5,000/- as litigation expenses to the complainant within a period of 45 days from the receipt of this copy of order.

13.        The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

14.     Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                                                                                         

             (Naveen Puri)

                                                                            President   

Announced:                                                   (B.S.Matharu)

April 22, 2022                                                     Member

*MK*