Haryana

Karnal

CC/199/2019

Aarsh Public School - Complainant(s)

Versus

Ridham Motors - Opp.Party(s)

H.N. Bansal

01 Oct 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No. 199 of 2019

                                                          Date of instt.11.04.2019

                                                          Date of Decision 01.10.2019

 

Aarsh Public School, run by Maa Karnima Shiksha Samiti VPO Garabdesar, Tehsil Lunkaransar, District Bikaner (Rajasthan), through its President Shri Rajbir Beniwal son of Sardana Ram, resident of Gali no.2, Ward no.11 Defence Colony, Kaithal.

                                                …….Complainant.

                                        Versus

 

Ridham Motors opposite New Grain Market, near Samta Hundai Showroom, G.T. Road, Karnal through its Manager /authorized signatory.

 

                                                                         …..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 Vinay Bansal 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 complainant wanted to purchase a school bus for their school and as such they came in contact with the OP, who allured the complainant that they will provide hazel free loan facilities and will arrange bus of Mahindra company at a very reasonable price. In this way the deal was finalized and OP showed the vehicle Mahindra Tourister Excelo 40+D STR BS IV school bus bearing Engine no.KNJ4D96326 and chasis no.MA1GH2KNHJ3D13935. The OP had to arrange finance facilities also, thus the OP took initial amount from the complainant but lateron the OP refused to arrange the loan and the complainant was constrained to obtain finance facilities from AU Small Finance Bank and on 19.07.2018 the bus was delivered/handed over to the complainant. At that time the complainant requested the OP to provide the necessary documentation i.e. sale certificate and form no.22A etc. but the OP told the complainant that the sale certificate will not be handed over to the complainant at this juncture as the necessary loan documentation with AU Small Finance Bank is still pending and as such the sale certificate etc. will be issued to the complainant lateron. On asking about the temporary registration number also the OP replied in the same manner by saying that as the sale certificate is not being issued at this juncture that is why no temporary registration number can be allocated to the vehicle. The complainant unaware about the ill and illegal intention of the OP took the delivery of the abovesaid vehicle vide delivery challans no.37 on 19.07.2018. In this manner the complainant was not having any sale document of the vehicle and was also having temporary registration number that is why the complainant could not ply the vehicle in question despite getting its delivery on 19.07.2018 and the complainant continued contacting with the OP to provide sale certificate and other necessary documentation including temporary registration number of the vehicle in question but the OP continuously postponing the matter on one pretext or the other and ultimately after long span of time the OP provide sale certificate and Form no.22A to the complainant. By seeing the sale certificate the complainant was shocked to see that the vehicle in question was showing it sale on 31.08.2008. The complainant asked the OP as to why he is not issuing the sale certificate of dated 19.07.2018 then OP felt apology by saying that due to some technical problem sale certificate has been issued of 31.08.2018 and the vehicle has been shown to have been sold on 31.08.2018 instead of 19.07.2018.  The complainant also requested the OP to issue the temporary registration number so that he is able to get the vehicle registered and be able to prepare the registration certificate from the competent authority of the vehicle and be able to ply the vehicle in question but OP again started postponing the matter by saying that he is not in condition to issue temporary number of the vehicle. Due to illegal act of non-issuance of the temporary registration number and due to delayed issuance of sale certificate the complainant was not able to ply the vehicle in question till date and thus suffered great financial loss. After issuance of sale certificate, the complainant while transits lost the sale certificate and form-22A etc. then the complainant requested the OP to issue fresh sale certificate and form 22A etc. so that the complainant be able to ply the same but from that very date till today the OP has neither issued temporary number nor issued the fresh sale certificate, Form-22A etc. due to which the complainant is not able to ply the vehicle and also not be able to get registration of the vehicle. Due to non-plying of the vehicle complainant suffered huge losses as the complainant had to arrange the alternate vehicle for the school children on rent. In this way there was deficiency in service on the part of the OP. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OP, who did not appear and proceeded against exparte, vide order dated 7.8.2019.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C13 and closed the evidence on 26.09.2019.

4.             We have heard the learned counsel of complainant and have also gone through the record available on the file carefully.

5.             The case of the complainant, in brief, is that he purchased the vehicle Mahindra Tourister Excelo 40+D STR BS IV school Bus from the OP At the time of sale OP did not provide the complainant, sale certificate, form no.22A etc. for registration of the said vehicle. Complainant requested the OP so many times to provide the necessary documents for registration of the vehicle in question but OP did not provide the same after repeated request. Due to non-plying of the vehicle complainant suffered huge losses as the complainant had to arrange the alternate vehicle for the school children on rent from Rajasthan. To prove his version in this regard the complainant tendered affidavit Ex.C8 of Shri Swroop Singh, in which he specifically stated that he has received Rs.1,85,000/- as a rent/fare of his vehicle from 2.12.2018 to 10.05.2019 from Aarsh Public School.  In support of his version complainant also placed on record his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C13. To rebut the evidence produced by the complainant OP did not appear and proceeded against exparte. Therefore, the evidence produced by the complainant is unchallenged and unrebutted and there is no reason to disbelieve the same. It is the duty of the OP to provide the necessary documents to complainant for registration of the vehicle in question but OP failed to do so. Hence it is well proved that the service of OPs is deficient.

6.             Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OP to issue the fresh sale certificate, form no.22-A and other documents to the complainant for registration of the vehicle in question. We further direct the OP to pay Rs.1,85,000/- as rent/fare to the complainant as paid by the complainant to Swroop Singh as rent/fare of the vehicle. We further direct the OP to Rs.20,000/- to the complainant towards compensation for mental and physical harassment and  litigations expenses. This order shall be complied with within 30 days from the date of receipt of the 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:01.10.2019                                                                       

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

               

        (Vineet Kaushik)          (Dr. Rekha Chaudhary)

            Member                               Member