ORDER

Kumkum Rani, President.—Both the appeals under Section 15 of the Consumer Protection Act, 1986 have been directed against the judgment and order dated 15.10.2018 passed by the learned District Consumer Disputes Redressal Forum, Dehradun (hereinafter to be referred as the District Commission) in consumer complaint No.256 of 2013 styled as Smt. Shamim Begum Vs. B.M. Hyundai Auto Sales Pvt. Ltd. and anr., wherein and whereby the complaint was allowed.

2. As both the appeals have arisen from the same judgment and order dated 15.10.2018, therefore, it is just, proper and appropriate to decide them together for the sake of convenience.

3. The facts giving rise to the present appeal, in brief, are as such that the complainant booked a Hyundai Elantra Car from the opposite party No.2 – B.M. Auto Sales Pvt. Ltd. on 17.12.2012 after depositing Rs.20,000/-. The car model booked was New Elantra, Variant-CRDI, 1.6 Color-Red, manufacturing year 2012, ex-showroom price was Rs.15,08,101/-. The insurance amount of Rs.35,663/- and also purchased GPS worth Rs.10,000/- RTO registration charges being Rs.78,770/- amounting to a total of Rs.16,22,535/-. The complainant paid Rs.3,97,000/- through cheque as well as rest amount to the tune of Rs.12,35,000/- was paid to the opposite parties after taking finance from PNB Bank. The subject vehicle was insured with the Oriental Insurance Co. Ltd., NCR Plaza, New Cantt Road, Dehradun which was valid from 01.01.2013 to 31.12.2013. The complainant also got delivery of the subject vehicle on 01.01.2013 at about 4.40pm. The opposite parties made the delivery of the subject vehicle to the complainant after obtaining the entire consideration amount and procured signature of the complainant in the form No.20, which was an application for registration of the subject vehicle and the opposite parties have also obtained requisite papers. The opposite parties have received Rs.78,770/- for getting vehicle insured, therefore, the liability rest on the opposite parties to get the subject vehicle insured from the RTO office. It is further stated that the complainant paid Rs.3,77,000/- through cheque No.785401 of Fedral Bank, Dehradun to the B.M. Auto Sales, but due to Manager (sales) of opposite party No.2 going on leave, the cheque given by the complainant was locked in the drawer of the Manager (sales) and it could not be submitted before the Bank before 22.01.2013. The opposite parties got the above cheque cashed on dated 22.01.2013. After taking / obtaining the registration charges in lump-sum from the complainant, the registration was not done and the complainant contacted the opposite parties at several times, but the registration was not done in time. The PNB bank had requested several times / demanded the copy of the registration, but the complainant remained unable to submit the same on account of not getting the registration from the opposite parties. Thus, there had been deficiency in service and unfair trade practice on the part of the opposite parties. Therefore, the complaint was submitted before the District Commission.

4. The opposite parties filed their written statement alleging that the complainant deposited Rs.20,000/- through cheque as advance money and has also tendered a cheque of Rs.3,77,000/- of Fedral Bank on dated 02.01.2013 at the time of taking delivery of the subject vehicle. It is also true that the subject vehicle was financed through PNB Bank to the tune of Rs.12,35,000/- and it was insured with Oriental Insurance Co. Ltd. commencing from 01.01.2013 to 31.12.2013. It is also further submitted in the written statement that the cheque No.785401 dated 02.01.2013 of Rs.3,77,000/- of Fedral Bank, Dehradun which was tendered by the complainant to the opposite parties was deposited in the State Bank of India on dated 02.01.2013, but it was dishonoured on dated 03.01.2013 and the same fact was duly informed to the complainant. It is further stated that the answering opposite parties has compl