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SUDIP AHLUWALIA, ROHIT KUMAR SINGH
Samta Motors Private Limited – Appellant
Versus
Narender – Respondent
ORDER
Sudip Ahluwalia, Presiding Member—This Revision Petition has been filed against impugned Order dated 03.08.2017 passed by the Ld. State Consumer Disputes Redressal Commission, Haryana in First Appeal No. 805 of 2016 vide which the Order of the Ld. District Forum was affirmed.
2. The factual background, in brief, is that the Complainant, a resident of Village Barwani, Sonepat, purchased a Hyundai Verna Fluidic Diesel vehicle (Temporary No. HR-99-QF-Temp-0012) from the Opposite Party No. 1 for Rs.9,24,888/-, out of which Rs.4,50,000/- was paid in cash. The Opposite Party No. 1 assured the Complainant that the remaining amount would be financed, the vehicle would be insured with HDFC ERGO General Insurance, and the necessary documents, including the original bill and invoice, would be provided for registration with the Motor Vehicles Authority in Sonepat. However, on the purchase date, 31.12.2013, only a temporary registration number was issued (Ex.C.1), and the vehicle was delivered. Contrary to assurances, the Opposite Party No. 1 insured the vehicle with Reliance General Insurance (Policy No. 200532311027392, valid until 30.12.2014) instead of HDFC ERGO. Despite the Complainan
The court emphasized the importance of evidence in proving delivery of goods in deficiency of service cases.
No evidence to substantiate the claims of delay on account of travel to Delhi and engagement of Counsel, to trace records as averred by Petitioners brought on record.
(1) Evidence - The District Forum in pursuance of its mandate under Section 13 was required to have the necessary evidence produced before it prior to drawing an adverse inference.(2) Order to replac....
The court affirmed that the vehicle was legally repossessed due to the complainant's failure to repay the loan, with no proven defects in the vehicle.
Deficiency in service occurs when repossession is conducted unlawfully without proper notice, violating consumer protection laws.
Proper registration and adherence to policy terms are crucial for insurance claims.
An unregistered agreement does not invalidate a consumer complaint; service of notice is deemed valid under the applicable law, and the appropriate legal remedy is an appeal, not a revision.
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