Order by:
Sh.Amrinder Singh Sidhu, President
- The complainant has filed the instant complaint under section 12 of the Consumer Protection Act, 1986 (as amended upto date) on the allegations that in the month of January, 2018 he purchased a vehicle EON Car from the agency of Opposite Party and at the time of that purchase, it was settled that the Opposite Party will provide All India registration No.PB01/B AF to that vehicle/ car and at that time, said vehicle was also insured by Opposite Party through The Oriental Insurance Company Limited, vide Motor Vehicle Insurance Cover Note No.CHD-D 537901 valid for the period w.e.f. 01.01.2018 upto 31.12.2018. Further alleges that at that time, the officials of the Opposite Party also given as handwriting remark at the top to insurance policy that ‘NEW Commercial Veh.” And it has also been written in the column of Ádditional risks’if any ……..D.Cap policy……” and this fact clearly shows that the vehicle in question was purchased for commercial use and Opposite Party promised to provide All India Registration Number to the vehicle. The Opposite Party only issued an Deliver Receipt to the complainant and never issued any bill to the complainant on the excuses that they need the original bill with the registration authority and will provide the same alongwith quotation at the time of insurance of All India Registration copy. Further alleges that the complainant also deposited the requisite fee and other expenses for the All India Registration Number with the Opposite Party as per the directions of the officials of the Opposite Party at the time of purchase of the vehicle in question. Thereafter, from the date of purchase, the complainant is continuously waiting for the All India Registration Number of the vehicle so that he could start his business of All India Cab, but due to the unnecessary and unexplained delay of the Opposite Party, the complainant could not start his business and suffered huge loss. After numerous requests of the complainant for All India Registration Number, the Opposite Party never issued the same, in fact the Opposite Party sent through Whatsapp photo copy of Local Registration Number PB-05AJ-6367 to the vehicle of the complainant intentionally which was returned by the complainant through Whatsapp with deny to this local registration number because it was already settled between the complainant and Opposite Party that the Opposite Party will provide All India Registration Number for commercial purpose, hence, there is deficiency in service on the part of the Opposite Party. Due to the above mentioned illegal acts, the Complainant is suffering mental agony, harassment and financial loss and hence there is deficiency in service on the part of the Opposite Parties. Vide instant complaint, the complainant has sought the following reliefs.
a) Opposite Party may be directed to provide All India Registration Number to the vehicle make HMIL EON ERA (O) bearing temporary number 29H, (TEMP 2018), 1027, Engine Number 93HAHM523374, Chassis No.MALA251ALHMS70237, model 2018 c/white, as per the settlement between the complainant and Opposite Party and further directed the Opposite Party to change the local registration number i.e. PB-051AJ-6367 with All India Registration Number i.e. PB01/B AF and further directed the Opposite Party to pay damages of Rs.25,000/- on account of compensation of mental tension, harassment and economically loss and Rs.25,000/- on account of loss of work which was caused to the complainant due to the illegal act of the Opposite Party and Rs.5500/- as litigation expenses or any other relief to which this District Consumer Commission, may deem fit and proper.
2. Upon notice, initially, Sh.Sidharath Chandi, Advocate appeared on behalf of the Opposite Party and filed the written reply, but thereafter, none has come present on behalf of Opposite Party and hence, the Opposite Party was proceeded against exparte vide order dated 09.11.2021. In written reply, the Opposite Party took certain preliminary objections therein inter alia that the complainant has no locus standi to file the present complaint against the Opposite Party as the complainant has failed to prove by any document on record any cause of action; that the complaint is liable to be dismissed for non joinder of necessary party i.e. State Transport Department as the registration numbers are to be issued by the State Transport Department only. Not only this, the complainant has sought the directions from the Opposite Party to provide All India Number to vehicle/ car in question and in fact, the numbers are to be issued by the State Transport Department and they are not the party in the present complaint. The complainant has failed to demonstrate that Opposite Party has promised or assured the services to the complainant which was not fulfilled by it or Opposite Party was deficient in providing any services or for that matter indulged in any unfair trade practice under the provisions of Consumer Protection Act. On merits, it is averred that it is denied that at the time of that purchase, it was settled that Opposite Party will provide All India Registration Number (PB01/B/AF) to the said vehicle. In fact, the complainant never demanded for the All India Registration Number nor he deposited the fee for All India Registration Number, rather the complainant had approached for local commercial number and the customer has already received the registration number on his vehicle in question and hence, there is no deficiency in service on the part of Opposite Party. All other allegations made in the complaint have been denied and a prayer for dismissal of the complaint with special costs has been made.
3. In order to prove his case, the complainant has tendered into evidence his duly sworn affidavit Ex.CW1/A, copy of policy Ex.C1, copy of delivery receipt Ex.C2, copy of temporary certificate number Ex.C4 to Ex.C7, copy of certificate Ex.C8, copy of RC Ex.C9 and closed his evidence.
4. On the other hand, after filing the written reply, none has come present on behalf of the Opposite Party nor tendered any evidence, hence, the Opposite Party was proceeded against exparte vide order dated 09.11.2021.
5. We have heard the ld. counsel for the complainant and have carefully gone through the evidence on record.
6. Ld.counsel for the complainant has reiterated the averments as narrated in the complaint and contended that in the month of January, 2018 he purchased a vehicle EON Car from the agency of Opposite Party and at the time of that purchase, it was settled that the Opposite Party will provide All India registration No.PB01/B AF to that vehicle/ car and at that time, said vehicle was also insured by Opposite Party through The Oriental Insurance Company Limited, vide Motor Vehicle Insurance Cover Note No.CHD-D 537901 valid for the period w.e.f. 01.01.2018 upto 31.12.2018. Further alleges that at that time, the officials of the Opposite Party also given as handwriting remark at the top to insurance policy that ‘NEW Commercial Veh.” And it has also been written in the column of Ádditional risks’ if any ……..D.Cap policy……” and this fact clearly shows that the vehicle in question was purchased for commercial use and Opposite Party promised to provide All India Registration Number to the vehicle. The Opposite Party only issued an Deliver Receipt to the complainant and never issued any bill to the complainant on the excuses that they need the original bill with the registration authority and will provide the same alongwith quotation at the time of insurance of All India Registration copy. Further alleges that the complainant also deposited the requisite fee and other expenses for the All India Registration Number with the Opposite Party as per the directions of the officials of the Opposite Party at the time of purchase of the vehicle in question. Thereafter, from the date of purchase, the complainant is continuously waiting for the All India Registration Number of the vehicle so that he could start his business of All India Cab, but due to the unnecessary and unexplained delay of the Opposite Party, the complainant could not start his business and suffered huge loss. After numerous requests of the complainant for All India Registration Number, the Opposite Party never issued the same, in fact the Opposite Party sent through Whatsapp photo copy of Local Registration Number PB-05AJ-6367 to the vehicle of the complainant intentionally which was returned by the complainant through Whatsapp with deny to this local registration number because it was already settled between the complainant and Opposite Party that the Opposite Party will provide All India Registration Number for commercial purpose, hence, there is deficiency in service on the part of the Opposite Party. To corroborate his assertion, the Complainant has placed on record his duly sworn affidavit Ex.CW1/A, copy of policy Ex.C1, copy of delivery receipt Ex.C2, copy of temporary certificate number Ex.C4 to Ex.C7, copy of certificate Ex.C8, copy of RC Ex.C9. The aforesaid evidence produced by the complainant has gone unrebutted and unchallenged through any cogent and convincing evidence on record because after filing the written reply, none has come present on behalf of the Opposite Party nor tendered any evidence, hence, the Opposite Party was proceeded against exparte vide order dated 09.11.2021. In this way, the Opposite Party has impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Party has no defence to offer or defend the complaint. Moreover, perusal of the certificate issued by Secretary, State Transport Authority, Punjab, Chandigarh Ex. C7 clearly shows that the complainant has applied All India Registration Number for his vehicle, in which it has been specifically certified that “document of New Vehicle having Engine No. 523374, Chassis No.ALHM570237 make Hyundai EON, Model 8/2017 are kept in this office for its registration as ALL INDIA TOURIST CAB/ MAX CAB/ BUS Permit No.PB01/E/AF/Motor Cab/ Against No.PB-01/B/AF (EURO-IV) in favour of Shivam Kumar son of Nand Kishore, resident of 622/B, Burt Road, Railway Colony, Ferozepur” which clearly proves that the complainant has applied for All India Registration Number, but as aforementioned, the Opposite Party has provided the local number to the vehicle of the complainant instead of All India Registration Number, which is totally illegal and wrong.
7. So, from the entire unrebutted and unchallenged evidence produced by the complainant on record, it stands fully proved on record that the Opposite Party has failed to provide the ‘All India Registration Number’ to his vehicle and hence, we allow the complaint of the complainant and the Opposite Party is directed to take up the matter with the Registering Authority concerned, for issuance of ‘All India Registration Number’ to the vehicle of the complainant and also to pay lump sum compensation amounting to Rs.10,000/- (Rupees ten thousands only) for causing him mental tension and harassment, within 45 days from the receipt of this order, failing which the complainant shall be at liberty to get the order enforced through the indulgence of this District Consumer Commission. Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room.
8. Reason for delay in deciding the complaint.
This complaint could not be decided within the prescribed period because the government has not appointed any of the Whole Time Members in this Commission for about 3 years i.e. w.e.f. 15.09.2018 till 27.08.2021 as well as due to pandemic of COVID-19.
Announced in Open Commission.
Dated: 29.11.2021.
