Claim Of Negligence Of Service Provider Must Be Substantiated By Sufficient Evidence To Claim Compensation Under Consumer Protection Act: Jammu & Kashmir & Ladakh High Court

The Jammu & Kashmir and Ladakh High Court has observed that a claim of negligence on part of the service provider has to be substantiated by sufficient evidence in order to claim compensation under the Consumer Protection Act, 1986.

The Court was considering a Writ Petition against an order passed by District Consumer Forum, later confirmed by State Consumer Forum directing the Petitioner to replace the Car with a new one of the same model and also to pay compensation of ₹50,000/- for causing unnecessary harassment and mental agony and litigation charges of ₹10,000/- to the complainant.

The division bench of Justice Sindhu Sharma and Justice Vinod Chatterji Koul observed, "......if there was a claim as to negligence having been committed by petitioner-opposite party, as a result whereof vehicle could not be registered, that claim was to be established by claimant. It is only if petitioner-opposite party was found negligent and if it was proved beyond any doubt that because of such negligence vehicle could not be registered, petitioner-opposite party was liable to pay compensation or to replace the vehicle in question, an order to that extent could have been passed by the Forum. However, there is no evidence to substantiate negligence on the part of petitioner-opposite party and that because of such negligence vehicle could not be registered....."

The Petitioner was represented by Advocate Satinder Gupta while the Respondent was represented by Advocate Amit K. Sharma.

Facts of the Case

The Respondent purchased a Car from Petitioner, who is authorized dealer of M/s Maruti Suzuki India Ltd. and got it insured with National Insurance Co. Ltd. After purchase, Respondent No.1 approached RTO, Jammu, for registration of vehicle, which was not registered and She was told that a vehicle with same Chassis number had already been registered with Registering Authority Nalbarie. After the refusal, Respondent No.1 approached the Petitioner, brought into its notice the fact that a vehicle with same chassis number stands already registered and thus, she asked for replacement of the said vehicle as it was not safe for her to ply the said vehicle.

However, the Petitioner refused to replace the vehicle and Respondent approached the District Forum. It was alleged in the written statement filed by the Petitioner that it was due to inadvertent error on the part of DTO, Assam, the vehicle in question could not be registered by RTO Jammu. The Forum allowed the complaint of Respondent No.1 holding that nonregistration of vehicle in question was due to deficiency in service on the part of the Petitioner.

In the Appeal before the State Forum, it was observed that the Respondent No.1 could not get her vehicle registered; as a result of which she could not ply the same, so, it becomes bounden duty of Appellant to handover new model car as directed by the District Forum. It was further observed that it is not only defect in service but also unfair trade practice.

Reasoning By Court

The Court at the outset observed that it is clear that the chassis number was wrongly shown to be the same by DTO Assam in the registration of the vehicle registered with it because of an alphabet "B”, which was wrongly shown in the registration certificate of the vehicle registered by DTO Assam in place of Digit “8” and because of this inadvertence the vehicle in question was not registered by RTO Jammu.

"....Thus, it is clear that it is not the fault of the dealer or the manufacture because of which the vehicle in question could not be registered, but because of DTO Assam and it is because of this fault the vehicle in question could not be registered. The complainant-respondent No.1 in such a satiation was required to implead both DTO Assam as well as RTO Jammu as parties to the complaint, more particularly when it was the fault of DTO Assam....," the Court observed.

It emphasized that it is clear that the non-registration was not because of the Petitioner nor the chassis number shown in the sale letter was same as that of the vehicle which was registered with DTO Assam and thus in no manner it can be said that there was any deficiency of service on the part of the petitioner.

"Had DTO Assam or RTO Jammu been made parties to the complaint, this fault could have been rectified by the concerned registration authorities immediately after information to that extent would have been brought to their notice," the Court pointed out.

Noting that the Assam Registering Motor Vehicle Authority has admitted that error was on their part and after having rectified the error in the registration certificate, the vehicle purchased by the Respondent No.1 was registered by the RTO Jammu so if at all the Respondent No.1 had a cause to claim compensation, the same was against the Assam Registering Motor Vehicle Authority, because it had admitted that the error was on their part as they had wrongly mentioned chassis number of the vehicle with the same chassis number in the registration certificate.

"The petitioner in no way can be found liable because there is no deficiency in providing services to the complainant-respondent No.1. The petitioner dealer, therefore, cannot be held liable as there was no deficiency in providing services viz-a-viz the vehicle in question," the Court ruled.

It concluded that for the wrong committed by DTO Assam, Petitioner cannot be made liable for such wrong or error in the record of the RTO Assam, Petitioner now cannot be said to have any role to play, therefore, instant case does not in any way fall under the category of holding that Petitioner has been deficient in providing services to the Respondent No.1.

The Petition was accordingly allowed.

Cause Title: Chairman, Peaks Auto Jammu Pvt. Ltd. vs. Harmeet Kour and another

Appearances:

Petitioner- Advocate Satinder Gupta, Advocate K. D. S.Kotwal, Advocate Aruna Thakur

Respondent- Advocate Amit K. Sharma, Advocate Ayush Pangotra

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