Date of filing:-09/12/2020. Date of Order:-23/05/2023.
DISTRICT CONSUMER DIPUTES REDRESSAL COMMISSION
B A R G A R H
CONSUMER COMPLAINT NO. 99 OF 2020
Tirupati Kuar, S/o. Sushil Kuar, aged about 28 years, Resident of Bhaulipali, P.o. Rusuda, P.s/Tahasil. Bheden, Dist. Bargarh.
Complainant.
-: V e r s u s :-
(1) M/s. Bajaj Private Finance Company Ltd, Dhankauda, Sambalpur, Represented through its Manager/Office Chief, At/Po/Ps. Dhankauda, Sambalpur, Dist. Sambalpur.
(2) M/s. Mama Motors (Authorised Bajaj Suu. Dealer). Represented through its Manager/Proprietor, At. Main Road, Binika (Near Jogeswar Temple), Po/Ps. Binika, Dist. Subarnapur.
(3) Birendra Mishra, S/o. Not Known, At. Khusuapali, Po. Salesingh, P.s. Dhama, Dist. Sambalpur.
Opposite Parties.
Counsel for the Parties:-
For the Complainant :- :- Sri Chittaranjan Panda and Associate.
For the Opposite Party No.1,2 and 3:- :- Exparte.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.23/05/2023. -: J U D G E M E N T:-
Presented by Smt. Anju Agarwal, Member (w) :-
- The Case of the Complainant is that the Complainant is a permanent resident of village. Bhalupali and purchased a Bajaj CT 100 Motor cycle bearing Regd. No. OD-31G-1426, from the Opposite Party No.2 on Dt. 01/05/2019 through monthly installment. That between the Opposite Party No.2 and the Complainant there was a negotiation that the Complainant will pay Rs. 20,000/-(Rupees twenty thousand)only as the down payment and he will pay the rest amount in monthly twelve installments. The Opposite Party No.2 has tie up with the Opposite party No.1 to finance the vehicle in installment basis. The cost of the vehicle was fixed by the Opposite party No.2 as sale price of Rs. 53,000/-(Rupees fifty three thousand)only including the insurance charges and its vehicle registration charges. That thereafter the petition or paid Ist installment on Dt. 30/05/2019 an amount of Rs. 2766/-(Rupees two thousand seven hundred sixty six)only Third installment on Dt. 28/08/2019 an amount of Rs. 3,300/-(Rupees three thousand three hundred)only fourth and fifth installment on Dt. 13/11/2019 an amount of Rs. 6,500/-(Rupees six thousand five hundred)only. Thereafter, the Complainant had paid the Sixth installment on dt. 30/11/2019 an amount of Rs. 2767/-(Rupees two thousand seven hundred sixty seven)only to Bajaj Auto Finance. That, an amount of Rs. 8301/-(Rupees eight thousand three hundred one)only was paid to Bajaj Auto Finance on Dt. 17/01/2020 for seven, eight and nineth installment. Thereafter the petitioner had paid on Dt. 03/03/2020 and on Dt. 07/03/2020, Rs. 4500/-(Rupees four thousand five hundred)only and Rs. 3800/-(Rupees three thousand eight hundred)only respectively for final three installments in the account of Bajaj Auto Finance through collection agent namely Birendra Mirdha. But to utter surprise the collection agent have given the receipt for an amount of fRs. 5534/-(Rupees five thousand five hundred thirty four)only. That the Complainant had paid the total amount of Rs.54,700/-(Rupees fifty four thousand seven hundred)only inrespect of the purchase vehicle. Although, entire costs of the purchased vehicle has already been paid, the Opposite Party No.1 is threatening to the petitioner to take the possession of the vehicle. The Opposite Parties are not handing over the R.C . Book, Insurance papers etc to the Complainant after due payment of the vehicle which amounts to deficiency of service on the part of the Opposite Party.
Being aggrieved, the Complainant sought redressal before this C omission.
- The Case of the Opposite party is that the Opposite Parties did not appear before this Commission. Hence, the Opposite Parties are set exparte.
- Perused the documents filed by the Complainant has purchased a Bajaj CT-100, Motorcycle bearing Regd. No. OD-31G-1426 on Dt. 01/05/2019 from the Opposite Party No.2. The Opposite Party No.1 is the financer of the said vehicle. The Complainant was regularly paying his installments and has given documentary evidence regarding this. The Opposite Party No.3 is the said agent of Opposite Party No.1. The Opposite Party No.3 has taken excess amount regarding installment of the said vehicle and deposited less amount in the account of Opposite Party No.1. As, the unfair trade practice has been committed by Opposite party No.3, the Opposite Party No.1 becomes automatically liable as the Opposite Party No.3 is the agent of Opposite Party No.1 . The Opposite Party No.2 is the seller of the aforesaid vehicle and has committed deficiency in service by not issuing the R.C. Book, insurance papers regarding the vehicle to the Complainant even if the Complainant has cleared the installment dues of the vehicle. The account statement filed by the Complainant reflects that the Complainant has cleared all his dues and it is the duty of the Opposite Parties to provide the necessary documents to the Complainant.
Hence, the case lies in favour of the Complainant.
Accordingly, it is ordered.
O R D E R
The Case is allowed exparte against the Opposite Parties. The Opposite Party No.2 is directed to give the R.C. Book, Insurance papers and all relevant documents regarding the vehicle bearing Regd No. OD-31G-1426 with, one month of this order. The Opposite Party No.1 is directed to give No objection certificate regarding the aforesaid vehicle.
Further, the Opposite party No.1 and Opposite Party No.2 are directed to give amount of Rs. 50,000/-(Rupees fifty thousand)only compensation towards mental harassment and Rs. 10,000/-(Rupees ten thousand)only towards litigation expences within one month of this order. Failing which the entire order will carry 12% interest P.A. till realization.
Order pronounced in open court on this 23th day of May 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Jigeesha Mishra) (Smt. Anju Agarwal)
Dt.23/05/2023 Dt.23/05/2023
P r e s i d e n t M e m b e r (w)
