Date of Filing : 21.12.2020
Date of Disposal: 26.08.2022
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
THIRUVALLUR
BEFORE TMT. Dr.S.M. LATHA MAHESWARI, M.A.,M.L, Ph.D (Law) .…. PRESIDENT
THIRU. J.JAYASHANKAR, B.A, B.L. ..… MEMBER-I
THIRU.P.MURUGAN, B.COM., ......MEMBER-II
CC. No.14/2021
THIS FRIDAY, THE 26th DAY OF AUGUST 2022
Mr.K.Tamilselvan,
S/o.Karthikeyan,
No.94, Vetri Enclave, Ikkadu Village & Post,
Thiruvallur Taluk & District. ……Complainant.
//Vs//
1.The Proprietor,
Sai Motors,
No.182, 183, PH Road,
Ondikuppam, Manavalanagar,
Thiruvallur – 602 002.
2.The Managing Director,
TVS Motor Company Limited,
Chennai. …..opposite parties.
Counsel for the complainant : Mr.A.R.Poovannan, Advocate.
Counsel for the opposite parties : exparte
This complaint is coming before us on various dates and finally on 16.08.2022 in the presence of Mr.A.R.Poovannan counsel for the complainant and the opposite parties were set exparte for non appearance and upon perusing the documents and evidences of the complainant this Commission delivered the following:
ORDER
PRONOUNCED BY TMT. S.M. LATHA MAHESWARI, PRESIDENT
This complaint has been filed by the complainant u/s 35 of the Consumer
Protection Act, 2019 alleging deficiency in service against the opposite parties for non registration of the vehicle along with a prayer to register the vehicle TVS N torq (BSVI Race Edition bike) with Chassis No.MD626A30L2009960 and Engine No.AK3CLZ709019 and to issue all the necessary documents to the complainant and to pay a sum of Rs.50,000/- towards compensation for the mental agony and hardship and to pay a sum of Rs.5,000/- towards cost of the proceedings to the complainant.
Summary of facts culminating into complaint:-
It was submitted by the complainant that he purchased a brand new TVS N torq (BSVI Race Edition bike) from the 1st opposite party for a total sum of Rs.98,000/- with Chassis No.MD626A30L2009960 and Engine No.AK3CLZ709019. After the vehicle was delivered to the complainant he approached the 1st opposite party who promised to register the vehicle with the RTO, Tiruvallur within a week but though assurance was given the registration would be done shortly the 1st opposite party’s showroom was closed and was not functioning and whenever the complainant approached them for registration there was no response from the 1st opposite party. Thus the complainant is keeping the vehicle for the past 180 days withoutany registration though almost Rs.1,00,000/- was received by the 1st opposite party. After issuance of legal notice the present complaint was filed for the following reliefs;
To direct the opposite parties to register the vehicle TVS N torq (BSVI Race Edition bike) with Chassis No.MD626A30L2009960 and Engine No.AK3CLZ709019and issue all the necessary documents to the complainant;
To pay a sum of Rs.50,000/- towards compensation for the mental agony and hardship to the complainant due to the deficiency in service on the part of the opposite parties;
To pay a sum of Rs.5,000/- towards cost of the proceedings to the complainant.
On the side of complainant proof affidavit was filed and submitted documents marked as Ex.A1 to A7. In spite of sufficient opportunities the opposite parties did not appear before this Commission and hence they were set ex-parte on 30.05.2022 for non appearance and for non filing of written version.
Points for consideration:
Whether the opposite parties jointly had committed deficiency in service in not registering the vehicle sold to the complainant?
If so to what reliefs the complainant is entitled?
Point:1
The following documents were filed on the side of complainant in support of his contentions;
Receipt voucher for payment made by the complainant dated 05.06.2020 was marked as Ex.A1;
New Vehicle Gate Pass dated 09.06.2020 was marked as Ex.A2;
Aadhaar Card of the complainant were marked as Ex.A3;
Legal notice issued by the complainant to the 1st opposite party dated 17.08.2020 was marked as Ex.A4;
Covered returned for the reason Door locked was marked as Ex.A5;
Copy of the mail sent by the complainant to the 2nd opposite party dated 19.08.2020 was marked as Ex.A6;
Reply trough email from the 2nd opposite party to the complainant’s counsel dated 21.08.2020 was marked as Ex.A7;
Heard the oral arguments adduced by the complainant and perused the pleadings and evidence produced by him. It is the case of the complainant that he purchased a brand new TVS N torq (BSVI Race Edition bike) from the 1st opposite party for a total sum of Rs.98,000/- with Chassis No.MD626A30L2009960 and Engine No.AK3CLZ709019 however the 1st opposite party failed to get it registered though promised by them and in short time the 1st opposite party’s showroom was closed and after that there was no response from the 1st opposite party due to which the complainant could not ply the vehicle which resulted in untold mental agony and hardship to the complainant. As the 1st opposite party was the authorized agent of the 2nd opposite party notice was served on both parties but of no use, thus he sought for the complaint to be allowed.
On perusal of the documents we could find that the Ex.A1 is the receipt voucher issued by the 1st opposite party to the complainant for receiving a sum of Rs.98,000/- for the purchase of the vehicle and vide Ex.A4 we could see that the vehicle was not registered which made the complainant to issue a legal notice and vide Ex.A5 we could see that the legal notice was returned by the 1st opposite party. For the email notice sent by the complainant to the 2nd opposite party they had replied vide mail dated 21.08.2020 stating that the enquiry of the complainant had been registered and that the area representative would reach out the complainant to resolve the problem. But we could see that the complainant is grievance was not resolved by the 2nd opposite party though he was the manufacturer of the vehicle sold by the 1st opposite party who was the authorised dealer. At this moment it is to be noted that the manufacturer gives dealerships to the person to sell their vehicles only after obtaining certain amount as deposit, hence they are liable for the act of the dealers as the dealers act as agents of the manufacturer in selling the vehicles. In this circumstances when the 1st opposite party has closed the showroom and left the place, the 2nd opposite party should be held liable for the registration of the vehicle being the manufacturer as the purchaser of the vehicle cannot be left out without any solution. Thus this commission comes to the conclusion that the opposite parties had failed to perform their obligation and thus had committed deficiency in service in not registering the vehicle purchased by the complainant from the 1st opposite party/ dealer and manufacturer by the 2nd opposite party.
Point No.2:
With regard to the relief to be granted to the complainant the complainant had sought for the reliefs to direct the opposite parties to register the vehicle and to issue all the documents to the complainant with Rs.50,000/- as compensation. Thus we direct the opposite parties jointly and severely liable to get the vehicle registered with the RTO, Thiruvallur within six weeks or in alternative to refund the entire cost of the vehicle within six weeks from the date of receipt of copy of this order. We award a sum of Rs.10,000/- towards compensation for the mental agony suffered by the complainant and also award a sum of Rs.5,000/- towards cost of the proceedings to the complainant.
In the result, the complaint is partly allowed directing the opposite parties 1&2
a)to make arrangements for registration of the vehicle on their own cost within six week from the date of receipt of copy of this order or in alternative to refund the entire cost of the vehicle within six weeks from the date of receipt of copy of this order.;
b) to pay a sum of Rs.10,000/-(Rupees ten thousand only) towards compensation for mental agony caused to the complainant;
c) to pay a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses to the complainant.
d) Amount in clause (a) if not paid within six weeks from the date of receipt of copy of this order, interest at the rate of 6% will be levied on the said amount from the date of complaint till realization.
Dictated by the President to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 26th day of August 2022.
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MEMBER-II MEMBER I PRESIDENT
List of document filed by the complainant:-
Ex.A1 05.06.2020 Receipt voucher. Xerox
Ex.A2 09.06.2020 New vehicle gate pass. Xerox
Ex.A3 ............... Aadhaar card of the complainant. Xerox
Ex.A4 17.08.2020 Legal notice by the complainant. Xerox
Ex.A5 ................ Return cover. Xerox
Ex.A6 19.08.2020 Copy of the mail sent to the 2nd opposite party. Xerox
Ex.A7 20.08.2020 Reply from the 2nd opposite party. Xerox
List of documents filed by the opposite parties;
Nil
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MEMBER-II MEMBER I PRESIDENT
