DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST) GOVT OF NCT OF DELHI CONVIENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92 CC. NO-626/14 In the matter of: Son of Late Dina Nath 22, Mausam Vihar, Delhi-110051 Complainant Mange Ram Enterprises Pvt. Ltd.
Through its Directors C-73, Malviya Nagar, Delhi-110048 Also at.
A-140, Near Radisson Hotel, Sector 14 Opposite Party - DATE OF ADMISSION 14/07/2014 DATE OF ORDER -23/12/2015 ORDER SH. N.A.ZAIDI, PRESIDENT This complaint has been filed with the allegation that the complainant is a 75 year old senior citizen. He being in need to one scooter agreed to purchase one Mahindra Kine Scooter for a sum of Rs.33,412/- from the respondent and paid a sum of Rs.33,412/- vide invoice No.M201300302 on 22/12/2013, he also paid 1300 towards insurance cover registration charges etc. The respondent hand over to the complainant certificate cum policy schedule No.3005/2010811537/00/0000000077 dated 22/12/2013 showing the premium of Rs.12,54/- and registration location of the scooter showing U.P. Ghaziabad. On 31/01/2014, the receipt of registration was handedover to the complainant. The high security number plate is sought to be fixed after he pays another sum of Rs.350 to the respondent. It was paid on 14/02/2014 even after making the payment, Complainant did not get the registration certificate of the scooter on the high security number plate. In the absence of the high security number plate and registration certificate the complainant is not able to use his scooter. The complainant alleged that the respondent is liable to refund the amount charged in excess and to get the scooter affixation of the HSNP and get the registration certificate of the scooter from the registration authority. The complainant has prayed for the compensation of Rs.50,000/-.
Respondent were served but no written statement filed case proceeded exparty.
Affidavit of Sh. Subhash Chand Nirwani filed in support of complaint.
Heard and perused the record.
The documents filed on record shows that the amount Rs.33,412/- was paid towards the cost which include the WAT also. The insurance documents which is on record shows that the premium of Rs. 1254/- was paid to ICICI Lombard when they have charged Rs.1337/- apart from the amount of registration from Transport Department vide document C-4. They have also charged Rs.350/- for number plate through document C-5. There is no documents on record which could prove that the registration certificate of this scooter was ever provided to the complainant.
The contents of the Affidavit of the complainant are uncontroverted on record hence they are to be taken as true.
We allow this complaint. The respondent is directed to refund to the complainant the amount of Rs.46/- taken in excess for insurance. The registration certificate and high security number plate is not provided by the respondent. The Respondent shall refund the amount of Rs.410/- to the complainant. The complainant who is a senior citizen has suffered on account of none providing the registration certificate and number plate. He could not used his scooter on road, we quantify the compensation at Rs.20,000/- which shall include the cost of litigation. The entire amount shall be paid within 45 days from the date of this order. We further direct the respondent to deliver the Registration Certificate to the complainant within 45 days and get the High Security Number Plate fixed on the scooter, if not done at Complainant shall be entitled to get the Registration done at his own cost and can recover the amount so spent from the Respondent , with additional cost of Rs.10,000/-.
The copy of the order be sent to the parties as per rules.
Dr. P.N. TIWARI POONAM MALHOTRA N.A.ZAIDI MEMBER MEMBER PRESIDENT [HON'BLE MR. JUSTICE N.A. ZAIDI] PRESIDENT [HON'BLE MR. Dr.P.N Tiwari] MEMBER
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