Smt. Sangita Paul, Member
This is a case filed by Sri Ashoke Mondal of Kaneya, Banjshidharpur, near Baro Kaneya, P.S. – Mandir Bazar, Dist. – 24 Parganas South, Pin – 743 395 against Leaders Honda and M. B. Automobile with a prayer for a direction upon the OPs to pay Rs.35,000/-, to the complainant with 11% interest per annum from the date of agreement due to deficiency in service and negligence till realization.
OP No.1 is Leaders Honda. The address is 390 Prince Anwar Shah Road, Kolkata-700 045.
OP No.2 is M B Automobile. The address is Joynagar, Majilpur, P.S. – Joynagar, Dist. – 24 Parganas (South).
The complainant, by filing this case states that he purchased a two wheeler, model – Honda, Livo (DM), Gold Engine No:JCTET0282812, Chessis No. being MB @J71CJGT0878011, Key No:being 8750, Colour – Gold, the dealer is i. Leaders Honda ii. Sub-dealer M B Automobiles.
The complainant made a down payment of Rs.32,380/- at the time of handing over the two wheelers and the OP arranged Finance from IndusInd Bank Ltd. for balance payment. IndusInd Bank issued the cheque to Leaders Honda.
The OPs 1 & 2 did not hand over the registration certificate, blue book and other documents in connection with two wheelers to the complainant. As a result, the complainant could not drive the two wheeler on road.
On 21.11.2016, the OPs No.1 has issued a paper mentioning the particulars of the vehicle where the Sub-dealers M B Automobiles signed and there was a counter sign by the complainant.
The Complainant made a down-payment of Rs.27,480/- from the Leaders Honda by a cheque from Axis Bank Ltd. Vide cheque No.002594 dated 21.12.2016. That the complainant got a receipt from royal enterprise amounting to Rs.24,000/- dated 21.11.2016. Royal Enterprise is the sister concern of M. B. Automobiles.
That the complainant also paid six installments to the IndusInd Bank, but the OP did not hand over certain documents, like registration certificate of RTO WB. Insurance papers, blue book. As a result, it ais not possible to ply the vehicle on road.
In the meantime, the IndusInd “Bank served a notice demanding Rs.71,000/- and also directed to appear before the arbitrator Mr. S. Hasinye at Chennai.
That the complainant informed the matter to the OP for several times. The complainant also served legal notice to the complainant demanding Rs.3,50,000/- for deficiency in service.
That the complainant will suffer irreparable loss if the prayer of the complainant is not allowed.
Hence the complainant prays for a direction upon the OP to pay the complainant Rs.3,50,000/- with 11% interest from the date of agreement.
That the OP No.1, in the written version states that the complainant purchased the alleged two wheeler from M.B. Automobile having recognized official address at Joynagar Station Road. After sanction of the loan amount the OP No.1 requested the complainant to place the alleged two wheeler before the Registration Officer for registration. But the complainant never place the alleged two wheeler before the Registration Officer. The complainant did not take any steps for registration.
During 2020, at the time of COVID -19, there prevailed abnormal situation. Lock Down was declared. OP No.1 did not take any steps for registration. At the time of purchase the OP No.1 requested the complainant to purchase B S Stage-II Two Wheeler. After March 2020, the State Government has banned the registration of Stage-II Two Wheeler. As a result, the OP No.1 is unable to take further step in this matter.
OP No.1 also requested the complainant to register the alleged two wheeler by giving penalty. But the complainant lodged the case with false statement for wrongful gain. The complainant did not intend to register the vehicle.
The complainant made down payment for the alleged vehicle. After purchase of the two wheelers, the OPs gave concerned papers. The matter is well within the knowledge of financier. There is no negligence on the part of OP No.1.
OP No.1 states that he has no mala fide intention. The complainant had an intention of making wrongful gain.
That the case was filed on 25.11.2020. The case was admitted on 22.12.2020. On 18.02.2021, OP No.1 files W/V. Copy served. On 10.09.2021, OP No.2 files W/V. On 05.05.2022, OP No.2 files questionnaire. On 22.02.2023, Ld. Lawyer of the complainant files BNA. As per order No.5., the case proceeded ex-parte against OP No.2. On 23.03.2023, as per the prayer of OP No.1, the W/V filed by OP No.1 has been treated as BNA of OP No.1. Argument was heard and we proceeded for giving judgement.
Points for consideration :-
- Is the complainant, a consumer?
- Is there any deficiency in service and unfair trade practice adopted by the OP?
- Is the complainant entitled to get relief as prayed for?
Decision with reasons :-
Point No.1:-
On perusal of documents with reasons and available records , it appears that the complainant purchased a two wheeler being model Honda Livo (DM) gold engine
No.JC7ET0282812, Chassis No:MB@JC71CJGT078011, key no.8750, colour gold, The complainant made a down payment of Rs.3,23,180/- during the handover of the two-wheelers. OP No.2 arranged for finance. As OP paid Rs.32,380/-, he is a consumer as per section 2(7) of Consumer Protection Act, 2019.
Point No.2:-
The complainant purchased the said vehicle by making a down payment of Rs.17,480/-. The OP No.1 Leaders Honda took Rs.6,350/- as Road Tax. The complainant applied for a bank loan of Rs.49,608/- from IndusInd Bank. The IndusInd Bank issued the loan payable to Leaders Honda (OP No.1). As per document, the complainant paid six instalments each of which amounts to Rs.2,067/-. The complainant paid aRs.12,402/- as EMI. The complainant is entitled to pay the full loan amount. But the complainant is not entitled to use the vehicle. As such, the vehicle is of no use to him. Because, the Leaders Honda did not do the registration of the complainant’s vehicle. The complainant paid the road tax. He made a one-time down payment of Rs.27,480/-. He is also repaying the loan. But the vehicle has become useless to him. It is due to deficiency of service of the OP, the complainant suffered monetary loss. He could not use the vehicle. The vehicle only occupied certain space but is of no use. The vehicle gathers dust and it is damaging day by day. The OP must take positive steps so that the loss of the complainant can be averted. The complainant suffers for no fault of his own. Hence the 2nd point is decided in favour of the complainant and against the OP.
Point No.03 :-
It appears quite unnatural that the complainant purchased the vehicle, but could not ply the same on road, because the said vehicle is not registered. The complainant failed to get the registration certificate from R.T.O. West Bengal. The Honda has stopped registration of the particular brand. The complainant paid Rs.27,480/- at the time of purchasing the vehicle. He also paid 6 EMI. The complainant suffered due to sheer negligence of the OP. He was harassed by the OP for several times. The complainant approached, but the OP did not register the vehicle. The complainant spent time in mental agony. Hence he is entitled to get relief as prayed for. So the 3rd point is decided in favour of the complainant and against the OP.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is,
ORDERED
That the complaint be and the same is allowed on contest against OP No.1 and ex-parte against OP No.2 with cost of Rs.10,000/- (Rupees ten thousand).
That the complainant is directed to clear the rest amount of the EMI to Indus Ind Bank.
That the complainant is directed to return the Leaders Honda Motor Cycle to the OP within 30 days from the date of this order.
That the OP No.1 is also directed to give the complainant a motor cycle as desired by him within 30 days from the date of this order and the complainant is also directed to pay the balance amount if the price of the new motor cycle is higher than the price of the earlier one within 30 days from the date of this order.
That the OP No.1 is also directed to pay compensation to the tune of Rs.50,000/- (Rupees fifty thousand) for mental pain and agony and harassment suffered by the complainant and deficiency in service on the part of the OPs, within 30 days from the date of this order.
That the OPs 1 and 2 jointly and / or severally are directed to pay the litigation cost of Rs.10,000/- (Rupees ten thousand) to the complainant within 30 days from the date of this order.
Ld. Member Sri Partha Kumar Basu joined on 11.04.2023 and he did not take part in hearing the argument of the case. As such he did not sign the judgement and order passed on this day.
Let a copy of this order be supplied to the parties concerned free of cost.
That the final order will be available in the following website: www.confonet.nic.in.
Dictated and corrected by me.
Sangita Paul
Member
