Haryana

Karnal

CC/140/2019

Ratni Devi - Complainant(s)

Versus

M/s Shri Balaji Tractors - Opp.Party(s)

Ajay Kumar

08 Jul 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No. 140 of 2019

                                                          Date of instt. 07.03.2019

                                                          Date of Decision 08.07.2019

 

Ratni Devi wife of Shri Ram Kumar, resident of village Khera, District Karnal. Aadhaar no.8436 2361 9894.

                                                                                                                                                                   …….Complainant

                                                        Versus

 

M/s Shri Balaji Tractors, # 528, Mangal Colony, Part II, New Anaj Mandi Road, opp. Kharolia Huka Tambakhoo Bhandar Anad Vihar Chowk, Karnal, through its proprietor/partner.

                                                                        …..Opposite Party.

 

           Complaint u/s 12 of the Consumer Protection Act. 

 

Before    Sh. Jaswant Singh……President. 

      Sh.Vineet Kaushik ………..Member

                Dr. Rekha Chaudhary……Member

 

 Present:  Shri Ajay Kumar Advocate for complainant.

                   Opposite party exparte.

 

                   (Jaswant Singh President)

ORDER:                    

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that on 23.08.2018 complainant had purchased a Powertrac EoRO Tractor bearing chasis no.TO53398347DG, Engine no.E-3447795, Model 2018 from the OP, for a consideration of Rs.6,00,000/- including GST vide invoice no.8 dated 23.08.2018. On the date of purchase of abovesaid Tractor, the OP has not provided relevant documents to the complainant i.e. Form 20 & 21 and other documents which are very much required for the registration of the tractor within one week, after receipt of such documents from the company of said tractor. After lapse of one week, the complainant demanded the required documents for registration of the aforesaid tractor from OP but OP always postponed the matter on one pretext or the other and lastly flatly refused to give the documents. Due to this reasons, the complainant till date has not got registered the aforesaid tractor in the office of Registration Authority, Karnal. On the other hand, due to delay in registration of said tractor prescribed fine amount increasing day by day, meaning thereby complainant is suffering financial loss on account of deficiency in service on the part of the OP.

2.             Notice of the complaint was given to the OP, who did not appear and proceeded against exparte by the order of this Forum dated 10.05.2019.

3.             Complainant tendered into evidence her affidavit Ex.CW1/A and documents Ex.C1 to Ex.C4 and closed the evidence on 08.07.2019.

4.             We have heard the complainant and have gone through the evidence on record.

5.             The complainant purchased a Powertrac EoRO Tractor bearing chasis no.TO53398347DG, Engine no.E-3447795, Model 2018 from the OP, for a consideration of Rs.6,00,000/-. The OP has not provided relevant documents to the complainant i.e. Form 20 & 21 and other documents which are very much required for the registration of the tractor within one week, after receipt of such documents from the company of said tractor. Complainant demanded the required documents for registration of the aforesaid tractor from OP so many times but OP always postponed the matter on one pretext or the other and lastly flatly refused to give the documents. Due to this reasons, the complainant till date has not got registered the aforesaid tractor in the office of Registration Authority, Karnal and due to delay in registration of said tractor prescribed fine amount increasing day by day. In support of her allegations complainant filed her affidavit Ex.CW1/A and documents Ex.C1 to Ex.C4. To rebut the evidence produced by the complainant OP did not appear and opted to be proceeded against exparte. Thus evidence of the complainant has gone completely unrebutted and unchallenged, therefore, there is no reason to disbelieve the same. It was the duty of the OP, they provided the relevant documents for registration of the tractor in question to the complainant within time but OP failed to do so. Hence, it is well proved that the service of the OP was deficient.

6.             As a sequel to the foregoing reasons, we accept the present complaint and direct the OP to give relevant documents i.e. Form 20 & 21 and other documents required for registration of the tractor in question to the complainant. We further direct the OP to pay Rs.10,000/- to the complainant on account of mental agony and harassment suffered by her and for the litigation expenses. Besides it, if any late fees or penalty is imposed for delay in registration of tractor that cost or amount shall be paid by the OP to the complainant/ registration authority. This order shall be complied within 30 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 08.07.2019

                                                                       

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

               

                (Vineet Kaushik)          (Dr. Rekha Chaudhary)

                           Member                           Member