Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 131
Instituted on : 19.02.2021
Decided on :03.01.2024.
Saroj w/o Satpal Singh R/o B-39, G.F. Sector-36A Suncity, Rohtak.
………..Complainant.
Vs.
- M/s Badhwar Automotive Pvt. Ltd. Delhi Road, Sonepat Stand, Rohtak through its Manager.
- Registration Authority, Motor Vehicle, Rothak(Mini Secretariat, Rohtak).
……….Opposite parties.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR.TRIPTI PANNU, MEMBER
DR. VIJENDER SINGH, MEMBER
Present: Sh.Amit Dhaka, Advocate for complainant.
Sh.Naveen Chaudhary, Advocate for opposite party No.1.
Opposite party No.2 exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per complainant are that he purchased a Suzuki Access vehicle on 31.03.2020 vide invoice no.VSL19000679 from the opposite party which was financed from L &T and insured from the Bajaj Allianz General Insurance Company Ltd. At the time of purchase of the vehicle the opposite party has received the registration charges of the said vehicle from the complainant as it was the duty of respondent to get register the vehicle from registration authority and to provide the R.C. of vehicle to the customer. The temporary registration provided to the complainant is valid only for one month and thereafter the local law enforcement authorities will issue challan against the vehicle. Even after passing a sufficient long period, the R.C. of the vehicle of the complainant has not been supplied to her, whereas it was the duty of respondents to get prepare the R.C. of vehicle. Complainant has requested the respondents to supply the R.C. of the vehicle and she through her counsel served a legal notice dated 20.01.2021 to the respondent but the respondents have finally refused to accept the genuine request of the complainant. The act of opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to get registered the vehicle of complainant from registration authority and hand over the R.C. of the vehicle. It is also prayed that opposite parties may kindly be directed to pay an amount of Rs.50000/- as compensation on account of mental agony and harassment and Rs.10000/- as litigation expenses to the complainant.
2. After registration of complaint, notices were issued to the opposite parties. Opposite party no.1 in its reply has submitted that it is admitted to the extent that the opposite party received an amount of Rs.5640/- from the complainant towards registration charges and also provided temporary registration certificate to the complainant. The complainant herself refused to get the vehicle in question insured from the opposite party and when she was informed by the officials of opposite party that the registration process of the vehicle could be initiated only when the vehicle is insured, the complainant told the answering opposite party that she herself will provide the copy of insurance policy after some time on the very same day. However, the complainant failed to provide the copy of insurance policy despite repeated calls by the opposite party and as such the registration charges could not be deposited with the RTO. The complainant however woke up after a lapse of 8 months and got her vehicle insured from Bajaj Allianz General Insurance Company vide Policy no.OG-21-1904-1826-00000346 which was effective from 07.12.2020 and then only, the complainant contacted the opposite party in the month of December 2020 for registration of the vehicle in question. At that time the opposite party informed the complainant that the vehicle in question is a BS-IV vehicle which cannot be registered now as the sale and registration of BS-IV vehicle has been closed by the government as per orders of Hon’ble Supreme Court. Thus, there has been negligence on the part of the complainant herself. There is no deficiency in service on the part of opposite party and dismissal of complaint has been sought. Notice sent to opposite party no.2 was received duly served but none appeared on behalf of opposite party no.2 and as such opposite party No.2 was proceeded against exparte vide order dated 03.05.2023 of this Commission.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C6 and closed his evidence on 08.06.2022. On the other hand, Ld. counsel for opposite party no. 1 has tendered affidavit Ex. RW1/A, documents Ex.R1 to Ex.R4 and closed his evidence on 06.01.2023.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. We have minutely perused the documents placed on record by both the parties. The grievance of the complainant is that the opposite party No.1 has received the registration charges from the complainant but has not supplied the R.C. of the vehicle in question even after passing a sufficient long period. Due to not providing the R.C. of vehicle, complainant is not in a position to ply the vehicle on road. To prove her case, complainant has placed on record copy of invoice Ex.C3, which shows that the opposite party no.1 has charged Rs.5640/- on account of RC of vehicle on dated 21.03.2020. On the other hand contention of opposite party No.1 is that complainant herself refused to get the vehicle insured from the opposite party. The complainant has got insured her vehicle on dated 07.12.2020 i.e. after 8 months of itspurchase but at that time the Government has closed the registration of BS-IV vehicle as per orders of the Hon’ble supreme Court. Hence the complainant herself is at fault as she failed to get the vehicle in question insured till 06.12.2020. To prove the same opposite party No.1 has placed on record copy of letter dated 20th April 2020 placed on record as Ex.R4 which is enclosed with the copy of order of Hon’ble Supreme Court of India, as per which the registration of BS-IV vehicles is allowed only upto 30.04.2020.
6. After going through the file and hearing the parties it is observed that as per standing instructions of the Govt. or as per the Motor Vehicle Act, only the insured vehicle can be handed over to the purchaser/consumeralongwith temporary registration of vehicle. It was the prime duty of the opposite party no.1 to firstly got insured the vehicle and thereafter to hand over the same to the complainant but in the present case the opposite party no.1 has handed over the vehicle without any insurance to the complainant in violation of terms and conditions and guidelines of Government as well as the Motor Vehicle Act. Moreover, no undertaking was taken by the opposite party no.1 from the complainant that in case the vehicle is not insured by the complainant, she herself would be liable for its registration. Hence there is deficiency in service on the part of opposite party no.1 and opposite party No.1 is liable to compensate the complainant.
7. In view of the facts and circumstances of the complaint, we hereby allow the complaint and direct the opposite party No.1 either to get register the vehicle in question from the Registration Authority and to hand over the copy of Registration Certificate to the complainant within one month from the date of decision or to refund the price of vehicle i.e. Rs.58032/-(Rupees fifty eight thousand and thirty two only) alongwith compensation of Rs.5000/-(Rupees five thousand only) on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision, failing which opposite party No.1 shall be liable to pay interest @ 9% on the awarded amount of Rs.58032/- from the date of decision. If the second option is opted by the opposite party No.1, in that situation, complainant will hand over the vehicle in question to the opposite party No.1 at the time of making payment by the opposite party No.1. It is made clear that opposite party shall be liable to pay compensation and litigation expenses in both the situations/options.
8. Copy of this order be supplied to both the parties free of costs.File be consigned to the record room after due compliance.
Announced in open court:
03.01.2024.
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Nagender Singh Kadian, President
………………………………..
TriptiPannu, Member.
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Vijender Singh, Member
