Before the District Consumer Disputes Redressal Forum, Kullu, H.P.
Complaint Case No.13 /2009
Date of Institution 19-2-2009
Date of Decision 26-8-2009
Sh. Tulsi Ram Bhatia son of Sh.Dile Ram Bhatia resident of Beasa Mour, Kullu,Tehsil and District Kullu, H.P.
…Complainant
V/S
1. Auto World NH-21 Village and Post Office Gutkar,
Tehsil Sadar, District Mandi, H.P through its Authorized Signatory/ Manager
2. Sh. Kushal Dhiman son of Sh.S.N. Dhiman resident of
Village and Post Office Gutkar, Tehsil Sadar, District Mandi.
…..Opposite parties
For the complainant Sh.Baldev Singh Thakur , Advocate
Opposite party Exparte
Complaint under Section 12 of the
Consumer Protection Act, 1986.
ORDER.
This order shall dispose of a complaint under Section 12 of the Consumer Protection Act, 1986( hereinafter referred to as the “Act”) instituted by the complainant against the opposite parties. The case of the complainant is that he purchased a vehicle Tata Indica bearing registration No DL-8CM-5485 from the opposite party No.1 for total sale consideration of Rs.3,05,000/- and out of which Rs.2,85,000/- was paid in cash to the opposite party No.1 for which receipt No.1330 dated 22-10-2008 in the sum of Rs.1,32,000/-, receipt No.1329 in the sum of Rs.50,000/- and receipt No.1127 for Rs.98,000/- were issued . The remaining amount of Rs.25,000/- was to be paid to the opposite parties by the complainant after issuance of no objection certificate qua the vehicle in question. The complainant requested the opposite parties many time to issue the no objection certificate but the opposite parties did not care for the same . Then on 1-11-2008 the opposite party No.2 came to Kullu and executed an affidavit undertaking therein to issue the no objection certificate within 60 days from the date of said affidavit but did not issue the same . After the expiry of above period , the complainant contacted the employees of the opposite party No.1 many times telephonically but nothing was done in the matter by the opposite parties . The complainant served the opposite parties with legal notice but they managed to avoid the service of said legal notice . The complainant alleged that due to non issuance of the No objection certificate , he is not able to transfer the vehicle in his name and it has become difficult to ply the same on the public road due to want of papers as required under the Motor Vehicles Act. The complainant further averred that he is a businessman and due to non-issuance of the no objection certificate, the vehicle is lying stationary and he had suffered great mental agony, harassment , and wastage of time and energy which according to him is deficiency in service. The complainant further averred that he is still ready to pay the balance amount of Rs.25,000/- to the opposite parties on the receipt of no objection certificate. With these averments , the complainant has sought a direction to the opposite parties to return Rs.2,80,000/- alongwith interest at the rate of 12% per annum from the date of its payment and a sum of Rs.1,50,000/- has also been claimed on account of deficiency in service . Apart from this , cost of the complaint to the tune of Rs.10,000/- has also been claimed .
2 The opposite parties have failed to contest the complaint and were proceeded against exparte.
3 We have heard the ld counsel for the complainant and have also gone through the entire record. The case of the complainant is that he has purchased a vehicle No. DL-8CM-5485 from the opposite parties in the sum of Rs.3.05,000/- and out of which Rs.2,80,000/- paid in cash vide receipts No.1330, 1329 and 1127. Further case of the complainant is that a sum of Rs.25,000/- was agreed to be paid to the opposite parties at the time of handing over of the no objection certificate . The complainant alleged that the opposite parties had not handed over the no objection certificate to him and due to this reason he is not able to ply the vehicle . The complainant had sought a direction to the opposite parties to refund Rs.2,80,000/-. Apart from this compensation on account of harassment and cost of complaint has also been claimed. In order to strengthen his claim, the complainant has placed on record affidavit of Sh. Kushal Dhiman ,( opposite party No.2) who is sales Manager of the opposite party No.1 which is duly attested by Notary public . The perusal of the same reflects that the opposite parties have sold the above vehicle to the complainant in the sum of Rs. 3.05,000/- and out of which Rs.2,80,000/- had been paid to the opposite parties . The complainant had also adduced in evidence receipts No. 1330,1329 And 1127 which also depicts that Rs.1,32,000/-,Rs.50,000/- and Rs.98,000/- were paid on 22-10-2008, 22-10-2008 and 1-11-2008, respectively. In this way, a sum of Rs.2,80,000/- has been paid to the opposite parties . As per affidavit a sum of Rs.25,000/- is left to be paid by the complainant to the opposite parties at the time of handing over of no objection certificate to the complainant. The complainant has specifically alleged that the opposite parties have failed to supply the no objection certificate. The complainant had supported his complaint by filing his own affidavit .On the other hand , the opposite parties had failed to contest the complaint and were proceeded against exparte which reflects that they had nothing to say in the matter except to admit the claim of the complainant. The careful scrutiny of the complaint and accompanying documents make it abundantly clear that the opposite parties have failed to give no objection certificate to the complainant . There is no reason to disbelieve the version of the complainant which is duly supported by his own affidavit apart from documentary evidence. Thus we are satisfied that the complainant has proved that the opposite parties had been deficient in providing service to the complainant and he is liable to be compensated on account of harassment apart from a direction for handing over the No objection certificate or in the alternative to refund the amount .
6 In view of what has been discussed hereinabove, the complaint is allowed and the opposite parties are directed to hand over the No objection certificate to the complainant within 30 days from the date of receipt of the copy of this order failing which to take back the vehicle in question and refund Rs.2,80,000/- to the complainant alongwith interest at the rate of 9% per annum from the date of deposit of amount till realization. In addition to this , the opposite parties shall pay Rs.10,000/- as compensation for harassment and Rs.3000/- as costs of litigation to the complainant.
7 Copy of this order be supplied to the parties free of cost as per Rules.
8 File, after due completion be consigned to the Record Room.
Announced (Sushil Kukreja) President
26-8-2009
DKM ( Neelam Kumari) Member