Adv. For the Complainant -Sri P.R.Sahu & Sri  K.C.Mishra        

          Adv. For O. P -                              Sri A.K.Mishra, & others                        

         Date  of filing of the Case  - 29.04.2022

         Date of Order -   20.01.2023

JUDGEMENT

Smt. Jyotsna Rani Mishra  Member

Facts of the case in nutshell

                The Complainant purchase a Yamaha FZ – F1 Motorcycle  from the OP1 on the basis of Loan being financed by OP2 for Rs. 49,000/- ( Forty Nine Thousand Only) on 23.07.2019 on the condition that repayment of loan will be for 24 Monthly  installments amounting Rs.2512/- ( Two Thousand Five hundred Twelve Only) for each installments  at the rate of interest 11.25( Flat rate of interest). Accordingly Sectioned letter was issued on 23.07.2019 by the Op2. and on the basis of loan the petitioner purchased the vehicle YAMAHA –Fz-F1. Having it Chassis No.MEIRG4462k0025693, Engine No G373E0056272, Model FZ V2. Black Colour  On dated 22.07.2019 from OP1 on the same day the authorized dealer delivered the above said vehicle to the petitioner , who issued  a  Challan  and money receipt No 1703. Dt. 22.07.2019 to a tune of Rs. 59,500 (Fifty Nine thousand Five Hundred Only).

                As per the agreement the complainant paid installments fixed by the OP2 regularly and in the mean time complainant paid entire installment amount including RS.2512/- (Two Thousand Five Hundred Twelve Only) towards 1^st  installment paid on 22.07.2019.

                As per the agreement after clearance of the loan amount. OP2 intimated the said facts to the OP1. Who after receiving the clearance will take necessary steps for issue of the Registration Certificate as well as smart card. In other words the Op2 will intimate the clearance of the loan amount and the OP1 will take steps for issuing of the R.C Book and smart card by OP3.

                The stipulation period is over neither the Op2 has intimated the clearance of loan amount nor the OP1. has taken any steps forgetting the R.C Book and smart card for OP3. To that effect the complainant apprised the aforesaid fact to the OP3. So also request the Op1. Several times to deliver the R.C  Book and smart card. But till date no any reply has been received about R.C  Book and smart card handed over to the petitioner , the effect of which the complainant is not able to  Play /Run the vehicle on  Road. Consequently his purpose of earning livelihood is affected considerably. Or due to in action of OPs the   complainant is suffering mentally and his earning prospect also affect.

The Complainant relied the following documents .

1 .  Sanctions letter dt. 23.07.2019.

2 . Schedule of agreement in between the petitioner and OP2 dt. 23.07.2019.

3 . Challan issued by OP No. 1 . dt.22.07.2019.

4 .  Loan –Cum Hypothecation agreement between petitioner and OP2.

5 . Yamaha  protection plus certificate of vehicle No.510405414 dt. 31.07.2019.

6  . Receipt issued by OP1 regarding purchase of vehicle amounting Rs. 59,500/-vide Receipt No.1703        

       dt.22.07.2019.

7 . Letter dt.11.08.2021 addressed on the OP3.

                Reason sited by OPs ,that they  had filed casual written statement denying  all the allegation of the complainant.

                From the above facts and circumstances of the case I observed that service and warranty Hand Book  issued by the ‘’ YAMAHA’’ dealer Jairam Motors , Bolangir (OP1) , dt.22.07.2019 it was reveled that Engine No. G373E0056272. And chassis No. MEIRG4462K0025693 are there in the warranty card But when there was loan –cum-Hypothecation Agreement by the complainant with Bussan Auto Finance India  Pvt  Limited.  OP2 although the chassis No. is same but Engine No. G3L560056272 is different from Engine No. Provided by OP1. Accordingly OP2  executed the said agreement.

                And for this  reason  OP3( RTO Bolangir) mentioned that purchased of vehicle on dt.22.07.2022 but not get been registered up to 02.06.2022 It is crystal clear that OP1 has not produced the document for registration before the RTO Bolangir (OP3). For such Act of OP1 the complainant suffered  irresponsible injury, Mental agony and loss in his day to day livelihood. So he has committed deficiency in service and unfair trades practice also.OP1 is liable to compensate to complainant and directed to OP1 to supplied the relevant document with specification of Engine No and chassis No to the RTO Bolangir (OP3), That’s  why    OP3 can issue the Registration Certificate as well as smart card.  Hence Order .

                                                              ORDER

                The OP1 is directed to pay Rs. 30,000/- for mental agony , Physical harassment and Rs. 3000/- to pay towards litigation Expanses.  I further directed to pay Rs. 50000 for the loss of business.

                And further directed to RTO , Bolangir (OP3) to take immediate steps to generate and issue the Registration card and smart card. By which complaint able to play /run the vehicle on the Road.

                This order be complied within one month from the date of receive of its Certify Copy. Failing which shall make payment of amount men tined above @ 9% interest per annum from the date of filing till realization . There  shall be no order as to cost.

                  Accordingly the case is disposed off.

PRONOUNCED IN THE OPEN COMMISSION TO-DAY  20^th  day of   January‘2023.

                          Sd/-                                                                                         Sd/-

                    (R.K.TRIPATHY)                                                              (J.MISHRA)                                                                    

                    PRESIDENT(I/C)                                                               MEMBER