THE DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.D.CASE NO.320/ 2021
Ashesh Kumar Prusty, aged about 37 years,
S/o – Kuber Prusty, At / Village – Majhipada, PO- Khuntakata,
PS- Baramba, Dist – Cuttack
…. Complainant
-Vrs.-
1. The Signatory Authority, Gugnani Motors, At – 2271,
Biswal Commercial Complex, Cuttack Road,
Bhubaneswar – 751006, Odisha.
2. Registered office, At – Honda Motorcycle & Scooter India Pvt. Ltd.,Commercial complex-II, Sector-49-50,
Golf Course Extension Road, Gurgaon, Haryana – 122 018
3. The Registering Authority, RTO., Bhubaneswar –I (Odisha),
At – Regional Transport Office, Bhubaneswar, Dist - Khurda
…. Opp. Parties
For the complainant : Sri N.P. Samal (Adv.)
For the OP.1 : Mr. B.R.Pattnayak & Associates (Adv)
For the O.Ps 2 & 3 : Exparte
DATE OF FILING : 31/12/2021
DATE OF ORDER : 09/06/2023
ORDER
K.C.RATH, PRESIDENT
1. This is an application U/s 35of the C.P.Act, 2019.
2. The complainant’s case in brief is that, the complainant purchased a Honda Unicorn-150-ABS motor cycle from the OP.1. On 07/07/2019, he paid a total sum of Rs.95,540/- for purchase of the said motor cycle. In the process, the OP.1 collected Rs.6773/- towards registration and Rs.450/- towards documentation charges. Subsequently, the complainant received the message from the R.T.O-1, Bhubaneswar, that the R.T.O had received Rs.5252/- towards registration charges from the Gugnani Motors, Bhubaneswar. As the OP.1 had taken excess amount from the complainant towards registration charges and for documentation, the complainant files this complaint.
3. On the other hand, the OPs did not appear in the case, as such they were set exparte and exparte hearing is taken up on 22/05/2023.
4 Perused the materials on record. Annexure – 2 indicates that, the OP.1 has received Rs.81,424/- towards ex-showroom price of the motor cycle, Rs.5,700/- towards insurance, Rs.6773/- towards registration charges, Rs.450/- towards documentation, Rs.1224/- towards accessories, Rs.684/- towards ex-warranty, Rs.495/- towards Teflon coating. Annexure-5 indicates that RTO has received only Rs.5252/- from the Gugnani Motors for registration of the vehicle. It implies that, the OP.1 has taken an excess of s.1521/- from the complainant towards registration charges. Besides, charging of Rs.450/- for documentation is unwarranted. Therefore, the observation of this Commission is that, the OP.1 had taken excess of Rs.1971/- which is unreasonable. In this backdrop, the complaint bears merit. Hence it is ordered.
ORDER
The complaint is allowed exparte against the OP.1 and dismissed exparte against the OPs 2 & 3. The OP.1 is directed to pay a sum of Rs.1971/- to the complainant. The OP.1 is further liable to pay a compensation of Rs.2,000/- (Rupees two thousand) only to the complainant towards mental agony suffered by him and a further sum of Rs.1000 /- (Rupees one thousand) only towards litigation expenses. The order be complied with by the OP.1 within a period of thirty days from the date of communication of this order, failing which the complainant will be at liberty to execute the order against the OP.1 in accordance with law.
The order is pronounced on this day the 9th June, 2023 under the seal & signature of the President and Member of this Commission.
(K.C.RATH)
PRESIDENT
Dictated & corrected by me
President
I agree
(S.Tripathy)
Member (W)
Transcribed by Smt. M.Kanungo, Sr.Steno
