Date of filing:- 03/01/2019.
Date of Order:-11/12/2019.
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM(COURT)
B A R G A R H.
Consumer Complaint No. 01 of 2019.
Prashanta Kumar Mishra, son of Bansidhar Mishra, aged about 40(forty) years, Occupation-Private Job, R/o. At. Pandakipali, Karalmal, Po. Pandkipali, Ps. Sohela, Dist-Bargarh. ..... ..... ..... Complainant.
-: V e r s u s :-
- Manager-Cum-Proprietor, Hinduja Leyland Finance Ltd., having a Branch at Bargarh near old N.H.6, Bargarh, Po/Ps/Dist. Bargarh and its Head office at Sambalpur.
- Shakti Automobiles, At. Ainthapali, N.H.6, Bus-stand, Sambalpur, Po/Ps/Dist. Sambalpur. ..... ..... ..... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- Sri S.P.Mishra, Advocate with associate Advocates.
For the Opposite Parties :- Ex-Parte.
-: P R E S E N T :-
Sri Krishna Prasad Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Ajanta Subhadarsinee ..... ..... ..... ..... ..... M e m b e r (W).
Dt.11/12/2019. -: J U D G E M E N T:-
Presented by Sri Krishna Prasad Mishra, President:-
Brief Facts of the case ;-
The case of the Complainant in brief is that he purchased a three wheeler vehicle from the Opposite Party No.2(two) being financed by the Opposite Party No.1(one) for earning his livelihood, and his case is that at the time of delivery of the same he was assured by the both the Opposite Parties that he would be provided with the registration paper of the vehicle along with it’s insurance and all other required documents later on to enable him to ply with the same against which the required amounts of fees have also been compounded with the loan amount. But though a long time has already been elapsed he has not yet been supplied with those documents even after his several request and reminder for which he has to face a lot of trouble while plying with the same due to want of such papers being unable to show before the concerned authorities time to time by paying penalties.
The Complainant has tried his best to draw the attention of the Opposite Parties regarding his problem and has asked them to supply him with those documents to enable him to run the vehicle smoothly but in stead of giving him those documents have threatened him to seize his vehicle and to face dire consequence, which of such acts of the Opposite Parties amounts to unfair trade practice coupled with deficiencies of service as a result of which being helpless has filed the case before the Forum with a prayer to issue a direction to the Opposite Parties to supply him with the said documents and also has claimed an amount of Rs.4,00,000/-(Rupees four lakhs)only as compensation in lieu of his mental, physical and financial harassment caused to him.
And in support of his case has filed some documents as follows:-
- The delivery order of Shakti Automobiles.
- The sale certificate issued by the Shakti Automobiles.
- The Tax invoice.
- The letter issued by the Hinduja Leyland Finance on Dt.08.12.2018 to the Bhatli Police station.
Having gone through the Complaint Petition and the documents filed along with the same and on hearing the learned counsel for the Complainant the case was admitted and Notice was served on the Opposite Parties to appear before the Forum and to reply but even though service of the same was sufficient against them none of them bothered to appear or to pass their any reply to the same as result of which they were set ex-parte on Dt.08.11.2019, and hearing on merit was taken up.
Perused the Complaint petition and the documents accompanied with it and on hearing the learned counsel for the Complainant, it is observed that the vehicle in question is financed by the Opposite Party No.1(one) and the vehicle has been delivered by the Opposite Party No.2(two) to the Complainant and also it clearly reveals from the letter issued by the Opposite Party No.1(one) in favor of the Complainant to the I.I.C., Bhatli Police station to release the vehicle to him, speaks of the truth of the case as has claimed by the Complainant as had it not been true what made him to write such a letter to the concerned police, in addition to the same the very absence of the Opposite Parties to appear before the Forum even after been served with Notice has made us believe the case of the Complainant accordingly to our observation the the Opposite Parties are jointly and severally liable for commitment of unfair trade practice and deficiencies of service against the Complainant and thus are liable there under as per the provision of the Act 1986 and the Complainant is entitled for the relief as he has claimed for, hence our order follows.
-: O R D E R :-
Hence the Opposite Parties being jointly and severally liable are directed to hand over the Registration Certificate of the vehicle of the Complainant having been insured with an insurance company and all other documents to enable him to ply with the same without any hesitation from any quarter and also are directed to pay him an amount of Rs.50,000/-(Rupees fifty thousand)only towards compensation in lieu of his mental financial and physical harassment within thirty days from the receipt of the order in default of which further course of action in accordance with the provision of the Consumer Protection Act 1986 would follow.
Accordingly the Complaint is allowed against the Opposite Parties and the same is disposed off being pronounced in the open court to-day i.e. on Dt.11/12/2019.
Typed to my dictation
and corrected by me.
( Sri Krishna Prasad Mishra)
P r e s i d e n t.
I agree,
( Ajanta Subhadarsinee)
M e m b e r (W).
Uploaded by
Sri Dusmanta Padhan
Office Assistant, Bargarh.
