Delhi

West Delhi

CC/12/576

SHRI RAM SWARUP - Complainant(s)

Versus

KK AUTOMOBILE - Opp.Party(s)

31 May 2019

ORDER

0020DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST).

150-151; COMMUNINTY CENTER ; C-BLOCK; JANAK PURI; NEW DELHI

 

CASE NO.576/2012

 

Sh. Ram Swaroop

S/o Sh. Madhu Lal

R/o E-3/311, Sultan Puri

Delhi-110031.                                                             ..…. Complainant

VERSUS

M/s K.K. Automobile

A-1, Adhyapak Nagar,

Nazafgarh Road, Delhi                                                    ….Opposite Party

 

O R D E R

 

K.S. MOHI, PRESIDENT

 

The complainant has filed the present complaint against the O.P under section 12 of Consumer Protection Act, 1986.  The complainant had purchased TVS Motorcycle of Sports Make for Rs. 46,000/- on 27.10.2011 by making full payment of Rs. 46,000/- to OP.  At the time of  delivery  of bike  sales executive  Mr. Manohar of OP  assured complainant that the  Registration Certificate shall be handed over to the complainant within one month but OP did not furnish Registration Certificate as a result the complainant was forced to keep the bike inside his house and use expensive  public transport.  Despite repeated requests and notice to OP Registration Certificate has not been provided.  Hence the present complaint.     

2.     OP filed reply admitting the payment of price of TVS Bike it has been further stated that all relevant documents except Registration Certificate  have already been  provided to the complainant.  Regarding Certificate complainant had already prohibited OP to get the vehicle registered because complainant wanted VIP Number from the concerned authority.  As a result Registration Certificate could not be issued since the complainant does not disclose any deficiency on the part of OP. The complaint should be dismissed.  

3.     Complainant has filed his affidavit affirming the facts alleged in the complaint. On the other hand Shri Sanjay Sharma filed affidavit in evidence on behalf of O.P testifying all the facts as stated in the written statement.  Both parties also filed its respective written submission. 

4.     We have heard the counsel for the parties and perused the record.

5.     The only dispute in the present complaint is regarding issuance of Registration Certificate  of the vehicle which was admitted purchased from OP after making  due payment the OP has not led any evidence to the effect that  complainant  at  any point of time request for getting VIP  number.  The appears to be a mischievous device  to hapless  complainant in the absence of Registration certificate the complainant could not drive the vehicle  for which he had made  payment of Rs. 46,000/- to  OP.  Ordinarily  it is the  bounded duty of the  seller to arrange for the registration certificate of the vehicle  sold   it has not been done by the OP in the present case.  The deficiency in service on behalf of OP is quite ostensible.

7.     Keeping in view the discussion stated above OP is directed to provide Registration Certificate of the vehicle to the complainant within two months we pass award  of Rs. 10,000/- as compensation for harassment, mental agony and litigation expenses.

Copy of this order be sent to the parties as per rules.

File be consigned to the record room. 

 

Announced this_31TH_____ day of __May _____ 2019.

 

( K.S. MOHI )                                                     (PUNEET LAMBA)                     

PRESIDENT                                                              MEMBER