Punjab

Sangrur

CC/696/2021

Gurdeep Kaur - Complainant(s)

Versus

Simran Auto - Opp.Party(s)

Sh. Mohd. Izhar

11 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

 

                                                                        Complaint No. 696

 Instituted on:   09.06.2021

                                                                         Decided on:     11.01.2023

 

Gurdeep Kaur wife of Parkash Singh, resident of Pharwahi, Tehsil Dhuri, District Sangrur.

                                                          …. Complainant.     

                                                 Versus

Simran Auto, Katron Road, Sherpur, Tehsil Dhuri, District Sangrur through its Authorized Signatory/Proprietor.

             ….Opposite party 

 

For the complainant  : Shri Mohd. Izhar, Adv.           

            For OP                     : Exparte.

Quorum                                          

Jot Naranjan Singh Gill, President

Sarita Garg, Member

Kanwaljeet Singh, Member

 

ORDER

JOT NARANJAN SINGH GILL, PRESIDENT.

1.             Complainant has approached this Commission alleging inter-alia that the complainant purchased one Scooter Jupiter bearing number EG4KK3507931, chassis number MD626E46K368851 from OP vide delivery challan number 1877 dated 4.5.2020 through her husband  

Parkash Singh and paid Rs.65,000/- through cheque number 975157.  It is further averred that the OP charged Rs.55,000/- being the cost of Scooter, Rs.5500/- for the registration charges and Rs.4500/- on account of insurance of the scooter. Further it is averred that the complainant provided all the required documents for the registration certificate of the vehicle in question to the OP, but despite all this the registration certificate and insurance policy of the vehicle were not provided. Now, the grievance of the complainant is that despite her best efforts, the OP did not provide the registration certificate and insurance certificate of the vehicle to the complainant.  Thus, alleging deficiency in service on the part of the OP, the complainant has prayed that the OP be directed to handover the registration certificate and insurance certificate of the vehicle in question to  the complainant or to refund the cost of the vehicle i.e. Rs.65,000/- alongwith interest and further to pay an amount of Rs.1,00,000/- on account of compensation for mental agony, harassment and further Rs.22,000/- as litigation expenses.

2.             The OP did not appear despite service, as such, it was  proceeded against exparte on 28.6.2022.

3.             The learned counsel for the  complainant produced Ex.C-1 copy of delivery challan,  Ex.C-2 copy of bank statement, and Ex.C-3 affidavit of the complainant and closed evidence.

4.             We have gone through the pleadings put in by the complainant along with supporting documents with his valuable assistance.

5.             Learned counsel for the complainant has argued vehemently that the complainant purchased one Scooter Jupiter bearing engine number EG4KK3507931 and chassis number MD626E46K368851 from OP vide delivery challan number 1877 dated 4.5.2020, copy of which on record is Ex.C-1 through her husband  Shri Parkash Singh and paid Rs.65,000/- through cheque number 975157, as is evident from the copy of statement Ex.C-2.  It is further contended by the learned counsel for the complainant that the OP charged Rs.55,000/- being the cost of Scooter, Rs.5500/- for the registration charges and Rs.4500/- on account of insurance of the scooter. Further the learned counsel for the complainant has contended that the complainant provided all the required documents for the registration certificate of the vehicle in question to the OP, but despite all this the registration certificate and insurance policy of the vehicle were not provided. The learned counsel for the complainant has now prayed for acceptance of the complaint with a direction to the OP to  provide the registration certificate and insurance certificate of the vehicle. All the above allegations have been duly supported by the affidavit of the complainant, which is on record as Ex.C-3.

6.             Further a bare perusal of the record reveals that the OP chose to remain exparte. All the evidence on record remains unrebutted, as such, we feel that the complainant has successfully proved her case by proving on record that she had paid an amount of Rs.65,000/- for the purchase of the vehicle in question but the OP did not provide the registration certificate and insurance certificate to the complainant.

7.             So, in view of our above discussion, we allow the complaint and direct the OP to hand over to the complainant the registration certificate and insurance certificate of the vehicle in question.  We further direct the OP to pay to the complainant an amount of Rs.5000/- as compensation for mental agony, harassment and further an amount of Rs.5000/- as litigation expenses.  This order be complied with by the opposite party within a period of 60 days from the date of receipt of certified copy of this order, failing which the OPs shall be liable to pay interest @ 7% per annum on the amount of Rs.65,000/- from the date of filing of the present complaint i.e. 09.06.2021 till its realization.

8.             The complaint could not be decided within the statutory time period due to heavy pendency of cases.

9.             Copy of this order be supplied to the parties free of cost. File be consigned to the records.

                                Pronounced.

 

                                January 11, 2023.