Consumer Complaint No: 293/2008

Date of presentation: 02.08.2008

Date of decision: 28.12.2009
Vishal Sood S/O late Shri V.K. Sood,

R/O Sood Building, Kasumpti, Shimla-9.

… Complainant.

Versus

The J.P. Motors, Passenger Car,

Dealer, Barog Bye Pass, Solan, H.P.
… Opposite Party


For the complainant: Mr. Sandeep Dutta, Advocate

For the Opposite Party: Mr. Anirudh, Advocate, vice

Mr. Sudhir Thakur, Advocate.

O R D E R:
Sureshwar Thakur (District Judge) President:- This instant complaint, has been filed by Shri Vishal Sood, by invoking the provisions of Section 12, of the Consumer Protection Act, 1986. The complainant avers that, on, 07.06.2008, he purchased a vehicle Tata Indica DLS car from the OP, for a sale consideration of Rs.3,56,148/-, with temporary registration certificate No.HP-14A-6887T. It is averred that, the OP, at the time of sale of the car, assured the complainant, that, the original papers of the car, shall be sent to him within seven days after the date of purchase. He further avers that, when the complainant did not receive the original papers, from the OP, he made a written request to the OP, but of no avail, hence, also issued a legal notice dated 12.07.2008, to the OP. Hence, it is averred that there is apparent deficiency in service on the part of the OPs and accordingly relief to the extent as detailed in the relief clause be awarded in favour of the complainant.

2. The OP, in its written version to the complaint, raised preliminary objections, regarding maintainability of the complaint, and jurisdiction. On merits, it is denied that the original papers of the car were to be sent to the complainant within seven days after the date of purchase. It is further contended that it was settled interse the party, that, until and unless the entire sale consideration, is, paid, complainant will not be entitled to get the original papers of the vehicle, as such, the complainant is required to pay an amount of Rs.3026/- along with interest @ 1.5% per month as an interest, to get the original papers. Hence, it is denied that their, is, no deficiency in service on their part.

3. Thereafter the parties led evidence by way of affidavits and documents in support of their respective rival contentions.

4. We have heard the learned counsel for the parties, at, length and, have, also, thoroughly scanned the entire record of the case meticulously.

5. The complainant, is, aggrieved by the act of the OP, in not delivering to him, the original papers of the car, which was purchased by him, with the OP, on, 07.06.2008. The OP, has repudiated the claim of the complainant, on the score that, since, the complainant failed to pay an amount of Rs.3026/- along with interest, hence, the OP, was well within its right to deny the delivery of the original documents of the car to him.

6. The parties do not wrangle over the fact of sale of Tata Indica DLS, car by the OP, to the complainant. The only point which requires to be adjudicated by this Forum, is, whether the action of the OP, in not delivering the original papers of the car, to the complainant, is, tenable or not. Though, it has been contended on behalf of the OP, in its reply, in paragraph 4, that it is settled between complainant and OP, that, until and unless the entire sale consideration, is, paid, the complainant would not be entitled to get the original papers of the vehicle, hence, when the complainant is required to pay an amount of Rs.3026/- along with interest, the fact of his not defraying to the OP, the aforesaid sum, has, been contended to render tenable the act of refusal. The OP, has neither placed on record the copy of the settlement, so arrived, at, interse the parties, so as to prove the fact that, until and unless the entire sale consideration, is, paid by the complainant, he, will not be entitled to get the original documents, nor, it has failed to prove the fact that, the complainant, is, required to pay an amount of Rs.3026/- along with interest. Hence, for lack of adduction of cogent, convincing and apposite evidence on behalf of the OP, we are unable to afford a finding that the complainant, is, required to pay an amount of Rs.3026/- along with interest to the OP. Therefore, since, nothing remain payable by the complainant to the OP, hence, their action in not delivering the original papers of the car so purchased by the complainant, from the OP, is illegal and arbitrary, which tantamounts to both deficiency in service and unfair trade practice on the part of the OP.

7. Since, the purported vehicle, is, being plied by the complainant within the territorial jurisdiction of this Forum, hence, the objection of the OP, that this Forum lacks territorial jurisdiction to entertain and try the instant complaint, cannot be sustained. Hence, we have no hesitation in construing, that, this, Forum, has the territorial jurisdiction to entertain and try the instant complaint, as such, the complaint filed by the complainant, before this Forum, is, maintainable.

8. For the reasons aforesaid, we allow this compliant and direct the OP, to deliver the original papers of vehicle Tata Indica DLS car, to the complainant and also to pay Rs.2500/- as compensation, to him, for causing him humiliation and inconvenience. The litigation cost, is, quantified at, Rs.1,000/- payable by the OP, to the complainant. This order shall be complied with by the OP, within a period of forty five days, after the date of receipt of copy of this order, failing which the OP, shall also be liable to pay punitive damages of Rs.5,000/- to the complainant. Hence, the compliant stands disposed of in the above terms.

9. The learned counsel for the parties undertook to collect the certified copy of this order from the office, free of cost, as per rules. The file after due completion, be consigned to record room.