The present complaint U/s 12 of the Consumer Protection Act' 1986 (for short, 'the Act') has been filed by Hira Masih, the titled complainant praying for issuance of necessary directions to the titled opposite parties to issue and deliver him the No Objection Certificate (N.O.C.) along with the Registration Certificate (R.C.) of the Motorcycle in question besides Rs.50,000/- each for having caused mental and harassment and other expenses in the interest of justice.

2.       The case of the complainant in brief is that he had purchased the Motorcycle Hero Honda Splendor PB 06 R 1954 from the OP1 Vendor by paying his contribution (margin money) in cash and the balance by way of Loan from the OP2 financers. After, repaying the Loan in full the complainant demanded the RC of the vehicle and also the NOC from the opposite parties who refused these arbitrarily and demanded extra money. The complainant however preferred the present complaint with the desired relief duly prayed, hereinabove.       

3.       Upon notice (summons), the OP2 financers did not appear and were proceeded against ex-parte vide the Forums’ orders dated 16.10.2014.  In their written reply, the OP1 have amongst others, taken the prime preliminary objection that the present complaint was not maintainable since the complainant was not a consumer under the Act for the gracious service being provided by them in assisting him to get the R.C. of the motorcycle from the transport authorities. On merits, the same pleadings have been repeated and lastly the complaint has been prayed to be dismissed against the OP1 vendor since the motorcycle was purchased and financed from the other parties and not from them.

4.       Both the parties produced their affidavits and documents in evidence to support their pleadings and their counsels also put forth their arguments to prove their respective assertions/claims. We have examined and duly evaluated all the documents/evidence produced on record and have also considered and perused the essence of the heard/written arguments while adjudicating the present complaint. The counsel for the complainant has produced the documents exhibited as: Ex.Cw1/A being his affidavit duly deposing the pleadings averred in the complaint along with the other documents exhibited here as: Ex.C1 to Ex.C22 and closed his evidence. In reciprocation, the OP1 Vendor has produced the affidavit Ex.OP1/1 of its proprietor Sukh Amrit Singh duly deposing the averments/evidence etc as put-forth and Ex.OP1/2 and Ex.OP1/3 etc., and closed the evidence.

5.       We find that the complainant had purchased the Motorcycle from the OP1 Vendor who was also responsible to arrange for its Registration Certificate for which the requisite fees/expenses etc were duly received/paid. And, during the present proceedings the RC was duly delivered to and accepted by the complainant (as per his statement of 08.01.2015) sans any protest and/or demur etc. Thus the issue in dispute inter-se the OP1 vendor stands resolved. Further, the complainant had got the Motorcycle in question financed from the OP2 financer and claims having repaid/liquidated the Loan in full and he has sought relief (against the OP2) by way of issuance of the necessary No Objection Certificate, arbitrarily refused to him. The OP2’s absence/non-appearance before the Forum despite due service of the Notice/summons gives rise to the legally accepted presumption that he has no defense to prosecute and thus liable to satiate the ex-parte award.   Hence, we find the OP2 financer responsible/liable to issue the necessary ‘No dues Certificate’ in the liquidated Auto-Loan account besides suitable cost and compensation for having caused avoidable harassment etc.

6.       In the light of the all above, we hold the OP2 financers as guilty of deficiency in service for having negligently refused the genuine demand of the complainant and thus ORDER them to issue the requisite No Objection Certificate to the complainant besides Rs.5,000/- as compensation and Rs.3,000/- as cost of the present litigation within 30 days of the receipt of the copy of these orders otherwise the aggregate amount shall attract interest @ 9% PA from the date of filing of the present compliant till actually paid.

7.       Copy of the orders be communicated to the parties free of charges. After compliance, file be consigned to records.  

              (Naveen Puri)                                            

                                                President

ANNOUNCED:                (G.B.S.Bhullar)                         (Jagdeep Kaur)

January 15, 2015.                         Member                                  Member

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