Complaint filed on: 04-02-2022
Disposed on: 28-10-2022
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, TUMAKURU
CC.No.43/2022
DATED THIS THE 28th DAY OF OCTOBER, 2022
PRESENT
SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT
SRI.KUMARA.N, B.Sc. (Agri), LLB., MBA., MEMBER
SMT.NIVEDITA RAVISH, B.A., LLB. (Spl)., LADY MEMBER
Shri,Shashidhara N. S/o Nanjaiah
A/a 28 years, R/o Seebayyanapalya,
Kallambella Hobli, Sira Taluk,
Tumakuru District.
……….Complainant
(By Sri. L. Shanmukha, Advocate )
V/s
1. The Manager,
Sri.Goravanahalli Mahalakshmi
Swaraj Tractors Dealers,
Tumakuru – Madhugiri Main Road,
Near Koratagere Taluk Office,
Koratagere Town,
Tumakuru District.
2. The Manager,
Goravanahalli Mahalakshmi Swaraj
Tractors Sales and Service Center,
Opp. APMC, Sira Town, Tumakuru Dist.
……….Opposite Parties
(By Sri.C.S.Krishnappa, Adv.,)
:ORDER:
BY SRI. KUMARA.N., MEMBER
This complaint was filed by the complainant under Section 35 of Consumer Protection Act, 2019, to direct the Opposite Parties to issue all documents, warranty card, R.C. card with respect to Swaraj Tractor Model 735FE in favour of the complainant.
- In this case OP No 1 is, The Manager, Sri.Goravanahalli Mahalakshmi Swaraj Tractors Dealers, Tumakuru – Madhugiri Main Road, Near Koratagere Taluk Office, Koratagere Town, Tumakuru District and The OP No 2 is, The Manager,.Goravanahalli Mahalakshmi Swaraj Tractors Sales and Service Center, Opp. APMC, Sira Town, Tumakuru Dist, hereinafter called OPs.
- It is the case of the complaint, that on 28-06-2020 , the complainant approached the OP No.1 for the purchase of Swaraj Tractor model, 735FE, in turn as advised by the OP No 1, the complainant paid Rs 600000=00 to the OP No 1 on 28-06-2020, out of which the complainant paid 120000=00 as a cash and Rs.4,80,000=00, has been paid by M/s Mahindra and Mahindra Financial Service Ltd, which was vehicle loan sanctioned to the complainant. Thereafter the OP No.1 advised the complainant to take the delivery of the said tractor from the OP No.2, accordingly on 28.6.2020, the OPs issued installation certificate No.759583 and one manual book and delivered the said tractor to the complainant through the delivery note dated: 28.06.2020.
- The complainant further submitted that on 28.06.2020, the complainant demanded for issue of documents related to the said tractor, i.e. RC (Registration certificate), warrantee card etc but OPs advised and promised the complainant, that they will issue the said documents within one week, but after one week when the complainant enquired, the OPs dragged the matter without issuing said documents and till date the OPs not issued the said documents and not registered the said tractor without giving any service and maintenance as per the promise made by the OPs at the time of purchasing and delivering said tractor. The complainant issued legal notice on 04.10.2021 but OPs have issued false reply notice on 11.10.2021, hence, this complaint.
- After the service of notice, the OPs have appeared through their learned counsel and filed version admitting the facts that, the complainant purchased Swaraj Tractor model, 735FE from OPs and paid the amount of Rs 600000=00 and said tractor delivered by the OPs on 28.06.2020 to the complainant with advise of use the said tractor for the complainant agricultural purpose. The OPs contended that after the purchase of the said tractor, the complainant not approached the OPs and not produced Bonafide Certificate, which is issued by the Tahasildar for the purpose of registration and the said tractor which is not in their custody at present. However, if the complainant produced the Bonafide certificate, they are ready to get the registration of the said tractor from the Authority; there after RC card and other documents will be delivered to the complainant and the complainant need to pay penalty charges of registration. Further, the OPs denied all other allegations made by the complainant and prayed to dismiss the complaint against OPs.
5. The complainant counsel filed his affidavit and documents, which were marked as Ex.C1 to C7.
6. We have heard the arguments of complainant counsel. After filing the version, the OPs did not appear and not filed the affidavit evidence and also not advanced arguments in spite of several opportunities.
7. The points that would arise for our determination are as here under:
1) Whether the complainant proves the deficiency of service/unfair contract of OPs?
2) Is complainant entitled to the reliefs sought for?
8. Our findings on the aforesaid points are as follows:
Point No.1: in the affirmative
Point No.2: As per the final order
:REASONS:
9. Point No.1 to 2: The complainant counsel argued that, as advised by the OPs, the complainant paid Rs 600000=00, to the OPs and purchased Swaraj Tractor model, 735FE, the OPs delivered the said tractor on 28.06.2020 to the complainant, with advise & suggestion to use the said tractor for agricultural purpose, and promised the complainant that, all necessary documents including RC (Registration certificate) delivered within week after the delivery of the said tractor. The OPs collected Rs 600000=00 from the complainant, which includes tractor cost, Insurance and Registration costs, but OPs , so far not given any service and registered the said tractor with RTO / authority and issued RC book, warrantee card and other documents to the complainant, which leads to deficiency in the service and unfair trade practice by the OPs. The complainant in his affidavit evidence has reiterated the averments of complaint and prayed to allow the complaint and grant relief.
10. The complainant produced, Ex C1, copy of legal notice of complainant to the OPs, Ex C2, Copy of OPs Reply notice, Ex C3 to C5, postal acknowledgements / documents, Ex C 6, copy of Installation certificate bearing No 759583 issued by the OPs to the complainant, ExC7, copy of Delivery Note of OPs dated 28.06.2020, Ex C8, copy of demand intimation of finance company.
11. It is the admitted case that the, OPs in their version admitted that they received Rs 600000=00 (Rs 120000=00 cash & Rs 480000=00, Loan from Mahindra & Mahindra Financial Service Ltd on behalf of complainant,) from the complainant (Para 3, Page No 2 of Version) and delivered the Swaraj Tractor model, 735FE,on 28.06.2020 and advised the complainant to use the said tractor for agricultural purpose(Para 4, Page No 3 of Version).
12. (A) Section 39 in The Motor Vehicles Act, 1988
Necessity for registration.—No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with this Chapter and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner: Provided that nothing in this section shall apply to a motor vehicle in possession of a dealer subject to such conditions as may be prescribed by the Central Government.
It implies by the bare reading of the Section that no person or owner is supposed to drive an unregistered vehicle. Failing to comply with it as such will be dealt with under Section 192 of the Motor Vehicle Act. Section 192 in The Motor Vehicles Act, 1988 reads as follows:
“Using a vehicle without registration:
(1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of section 39 shall be punishable for the first offence with a fine which may extend to five thousand rupees but shall not be less than two thousand rupees for a second or subsequent offence with imprisonment which may extend to one year or with fine which may extend to ten thousand rupees but shall not be less than five thousand rupees or with both: Provided that the Court may, for reasons to be recorded, impose a lesser punishment.
(B) Section 40 of the Motor Vehicle Act , which states the procedure of registration of vehicles. The bare reading of the act suggests:
“Registration, where to be made:
Subject to the provisions of section 42, section 43 and section 60, every owner of a motor vehicle shall cause the vehicle to be registered by a registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept.” It signifies the authority to be addressed for the process of registration.”
13. Important roles of vehicle dealers.
- No vehicle can ply on Indian roads without registration.
- No dealer can give you an unregistered car.
- A dealer, however, may deliver a vehicle with temporary registration If you have a temporary register vehicle delivered to you, make sure to get a permanent registration within 7 days.
- Despite registering a brand new vehicle, you still have to present it at the RTO for inspection.
- It is recommended to have the vehicle registered by the dealer, on his trade certificate.
14. Vehicle Dealer duty, bound to make registration first, before making the delivery of the vehicle. If not leads to breach of RTO acts and rules by the dealer.
15. In the above discussions, in this case, the OPs delivered the un registered tractor to the complainant and misguided the complainant to use the said tractor for agriculture purpose, which is against the law, which leads to deficiency of service and unfair trade practice of OPs, there by complainant suffered and compelled the complainant to approach this commission, hence the OPs liable to pay the litigation cost to the complainant, accordingly, we proceed to pass the following;
:O R DER:
The complaint is allowed, directed the complainant to produce bonafide certificate to the OPs within 30 days of this order and further ordered the OPs (OP No 1 & OP No 2) jointly and severally pay litigation cost of Rs 8000=00 to the complainant within 30 days of this order, and further ordered the OPs carry cost of Rs 200=00 per day from the date of this order
Furnish the copy of order to the complainant and opposite parties at free of cost.
