Punjab

Rupnagar

CC/16/3

Daljit Kaur - Complainant(s)

Versus

S.K.Auto Mobile & Others - Opp.Party(s)

Sh. Sukhwinder Singh, Adv.

04 Feb 2016

ORDER

ORDER

          MRS. NEENA SANDHU, PRESIDENT

This complaint has been filed under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘the O.Ps.’) alleging therein that on 4.3.2014, the representative of the O.P. No.1 approached her and told her that he was the representative of the O.P. No.1; that the O.Ps. had launched a new scooter at low price having warranty of two years and that the O.Ps. would get issued the registration certificate, insurance etc. from the departments concerned. Being swayed by the said allurements, she showed her interest to purchase the said scooter, then the said representative got filled some performa and invited her in the office of the O.P. No.1. On 6.3.2014, she went to the showroom of O.P. No.1 at Ropar and purchased a scooter bearing engine No. E3N7E0012616, chassis No. ME1SE7742E0012600. The O.P. No. 1 also provided finance facility for purchase of the same and had taken her signatures on so many papers on the pretext of completing paper formalities. She had paid full & final payment of the scooter alongwith other expenses of the insurance, registration charges etc. and the O.P. No.1 had told her that the registration certificate would be handed over to her within a period of two months. The O.P. No.1 had given her only a photocopy of insurance policy at that time and kept all the original documents with the plea that the same were required for registration of the said scooter. After two months, when she approached the O.P. No.1, it told her that due to some technical problem, the registration certificate could not be prepared and told her that it would take 1-1/2 month more for preparation of the same and it would inform her to collect the same, as & when the same is prepared. After awaiting for a period of 2 months, when no information was received from the O.P. No.1, she approached the O.P. No.1 time & again to collect the registration certificate, but the matter was prolonged on one pretext or the other and lastly, when, on 30.11.2015, she approached the O.P. No.1, its official started misbehaving and thrown her out from the showroom. Thereafter, on 2.12.2015, she approached the O.P. No. 2 at Chandigarh and enquired about the registration of her scooter. The official of the said O.P. told her that no registration certificate qua the said scooter was applied for, till date. As such, she requested the official of the O.P. No.2 to provide her the relevant document, who supplied a copy of the same. It is stated that the O.Ps. No. 1 & 2 are the dealer/agent of the O.P. No.3, therefore, the O.P. No. 3 is vicariously liable for all acts & omission of the O.Ps. No. 1 & 2. It is further stated that for want of registration certificate, she is unable to ply the said scooter on road and had to hire car on rent whenever she had to go outside alongwith her family, for which she had spent about Rs.25,000-30,000/-. The aforesaid act & conduct of the O.Ps. amount to deficiency in service, due to which she has suffered mental agony, physical harassment and financial loss. Hence, this complaint.

 

2.                We have heard the learned counsel for the complainant, at the preliminary stage of admission of the complaint, and gone through the documents produced alongwith the complaint, minutely.

 

3.                As per version of the complainant, she had purchased the scooter in question from S.K. Automobiles, situated at Rupnagar and in support of her version, she has also produced copies of certain documents alongwith the complaint. In the Form-22, i.e. Initial Certificate of Compliance with Pollution Standards, Safety Standards of Components and Roadworthiness, annexed with the complaint as page No.17, the name of the dealer has been written as M/s EM PEE Motors & Scooters Pvt. Ltd. The sale certificate, annexed as page No.18, was also issued by EM PEE Motors & Scooters Pvt. Ltd., the authorized dealer of Yamaha Motorcycles i.e. O.P. No.3, whose offices are situated at Chandigarh. From the invoice dated 6.3.2014 annexed as page No. 20, it is evident that the scooter in question was purchased from EM PEE Motors & Scooters Pvt. Ltd., Chandigarh.  Even from the copy of Vehicle Loan EMI Receipt issued by UAE Xchange & Financial Services Ltd., bearing page No. 21, it is clear that the scooter was got financed at Chandigarh. The complainant has also placed reliance on the rent deed, annexed as pages No.22 to 26, executed between M/s S.K. Automobiles and Sh. Harjinder Singh & Smt. Harminder Kaur in respect of a showroom situated at Rupnagar, but on the basis of the said rent deed, it cannot be said that she had purchased the scooter in question from M/s S.K. Automobiles, i.e. O.P. No.1, whereas from the copy of invoice & other documents, referred to above, it is proved that the said scooter was purchased by her from EM PEE Motors & Scooters Pvt. Ltd., Chandigarh. It may be stated that the complainant has also produced the affidavits of Sarvshri Bikram Singh & Lakhvir Singh, who have deposed to the effect that the complainant had purchased the scooter in question from S.K. Automobiles, Rupnagar, but merely on the basis of the said affidavits, particularly, in the absence of any documentary proof to that effect, it can not be said that she had purchased the scooter in question from M/s S.K. Automobiles, Rupnagar. Merely by impleading M/s S.K. Automobiles, Rupnagar as O.P. in the array of the O.Ps., she cannot attract the territorial jurisdiction of this Forum as per Section 11(2) of the Consumer Protection Act. Since the complainant has failed to prove that actually, she had purchased the scooter in question from M/s S.K. Automobiles, Rupnagar, i.e. O.P. No.2, therefore, we hold that this Forum has no territorial jurisdiction to entertain & decide the instant complaint. Accordingly, we dismiss the same, in limini, with no order as to costs.  The complainant may seek her remedy before the appropriate Forum/court, if she is so advised.

 

                   A certified copy of this order be supplied to the complainant forthwith, free of costs, as permissible under the rules and the file be indexed and consigned to the Record Room.

 

ANNOUNCED                                           (NEENA SANDHU)

Dated          04.02.2016                                                 PRESIDENT

 

 

                                                (SHAVINDER KAUR)

                                                                    MEMBER.