STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Date of institution : 30.05.2023 Reserved On : 08.01.2025 Date of decision : 27.01.2025 Harish Chander Verma S/o Ram Niwas Verma R/o H.No.2487, Sector

67, Mohali, presently residing at H.No.1145, Sector-79, Mohali.

….Appellant/Complainant Versus

1. Tricity Autos, Zirakpur-Patiala Highway, near Nabha Sahib Gurudwara, Zirakpur, SAS Nagar, Mohali, through its Incharge/Manager/Proprietor/Director.

Email ID:tricity.chd.tvl@marutidealers.com

2. United India Insurance Co. Ltd., SCO No.40, First Floor, Sector

7-C, Madhya Marg, Chandigarh, through its Incharge/Manager.

Email ID:customercare@uiic.co.in ….Respondents/OPs First Appeal under Section 15 of the Consumer Protection Act, 1986 read with Section 41 of the Consumer Protection Act, 2019 against the order dated 14.03.2023 passed by the District Consumer Disputes Redressal Commission, Fatehgarh Sahib.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Mr. Vishav Kant Garg, Member

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No

3) Whether judgment should be reported in the Digest? Yes/No Present:-

For the Appellant : Sh. Manoj Vashishtha, Advocate For respondent No.1 : None For respondent No.2 : Sh. R.K. Bashamboo, Advocate.

JUSTICE DAYA CHAUDHARY, PRESIDENT Appellant/Complainant Harish Chander Verma has filed the present Appeal under 15 of the Consumer Protection Act, 1986 read with Section 41 of the Consumer Protection Act, 2019 against the order dated 14.03.2023 passed by the District Consumer Disputes Redressal Commission, Fatehgarh Sahib (in short, “the District Commission”), whereby the Complaint filed by him had been dismissed.

2. It would be apposite to mention here that hereinafter the parties will be referred, as had been arrayed before the District Commission.

3. Briefly, the facts of the case as made out by the Appellant/Complainant in the Complaint filed by him before the District Commission are that he had visited the showroom of respondent No.1/OP No.1 i.e. Tricity Autos, Zirakpur to purchase a 2^nd hand car. OP No.1 had informed him that they were having one 2^nd hand Volkswagen Polo Comfortline bearing Registration No.HR-10U-7532 Colour White, which was manufactured in the month of January, 2013. The price of the said car was stated to be 2.60 lac. However, after ₹

bargaining, the Complainant had agreed to purchase said car for 2.50 ₹

lac. The booking amount of 10,000/- was paid to OP No.1 on ₹

08.06.2018 and thereafter, the balance amount was to be paid within a period of 7 days. The Complainant had paid the balance amount of

2.40 lac on 11.06.2018. OP No.1 had also handed over all the ₹

original documents except the State NOC, which was promised to be handed over within a period of 15 days as the car was belonging to the State of Haryana, whereas the Complainant was the resident of Mohali. The matter was postponed on one pretext or the other and OP No.1 had failed to hand over the NOC. In the absence of NOC, the Complainant could not get the car transferred/registered in his name and it was lying parked outside the house of the Complainant. However, in the morning of 30.06.2018, it was found that the car was stolen in the night of 29.06.2018. Intimation thereof was given to Police Station, Sohana, Mohali vide DDR No.1096 dated 30.06.2018 and FIR was also lodged. The claim for theft of the vehicle was lodged by the Complainant with OP No.2-Insurance Company but it was repudiated on the ground that there was no legal contract between the parties as the Insurance Policy was not transferred in the name of the Complainant and he was not owner of the vehicle on the date of accident.

4. The Complaint was filed with the prayer for issuance of directions to the OPs to pay the claim amount of 3 lac and also to pay ₹

compensation of 1 lac for causing mental and physical harassment ₹

as well as 55,000/- towards litigation expenses.

₹

5. Notice of the C