DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C. CASE NO. 131 OF 2018
DATE OF FILING: 4.12.2018 DATE OF JUDGEMENT: 5.7.2019
Present : President : Ananta Kumar Kapri
Member : Jhunu Prasad
COMPLAINANT : Sri Subir Singh, son of Sri Samir Singh at Chouhati, Desapriyo Block, P.S Sonarpur, Kolkata-149.
O.P/O.Ps : 1. M/s Binayak Honda, Baruipur, Jogibottala, Khasmallick, P.S Baruipur, Kolkata-144.
2. The Manager, M/s Binayak Honda, Baruipur, Jogibottala, Khasmallick, P.S Baruipur, Kolkata-144.
3. M/s Aaban Motors, Jugdia, Benipur, Magrahat, South 24-Parganas, P.S Magrahat.
4. M/s L & T Financial Service, Plot no.4, Block BP, 7th floor, Technopolice Building, Salt Lake, Sector-V, Kolkata-91.
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JUDGMENT
Sri Ananta Kumar Kapri, President
Facts leading to the filing of the instant case by the complainant may be epitomized as follows.
Complainant purchased a motor bike on 4.5.2018 from the O.P nos. 1 and 2 for a price of Rs.60,000/-. He paid Rs.15,800/- to O.P-3. For the rest amount of consideration price,O.P-4 sanctioned a loan of Rs.44,200/- which complainant agreed to repay by 36 monthly instalments of Rs.1995/- each. The vehicle was delivered to the complainant by O.P-3. But, the papers of the vehicle were not supplied to the complainant and, therefore, complainant is not able to run the vehicle on road. Now, the complainant prays for passing an order directing the O.Ps to supply necessary papers to him and also to pay compensation of Rs.1 lac etc. Hence, this case.
All the O.Ps have filed written version to contest herein. O.P nos. 1,2 and 3 submit in their written version that the vehicle was sold to the complainant. But, the complainant did not furnish the Voter Identity Card to them and, therefore, it has not been possible on their part to take any step for documentation of the vehicle. They have no negligence ,nor any deficiency in service on their part and that the case should ,therefore, be dismissed in limini.
O.P-4 is the financial institution and it submits that it helped the complainant by providing finance for purchasing the motor cycle and the complainant has also repaid the loan of the company and NOC has also been issued by the company in favour of the complainant. There is no cause of action arisen against this O.P and, therefore, the complaint should be dismissed in limini against this O.P.
Upon the averments of the parties, the following points are formulated for consideration.
POINT FOR DETERMINATION
- Are the O.Ps guilty of deficiency in service as alleged by the complainant?
- Is the complainant entitled to get relief or reliefs, if any, as prayed for?
EVIDENCE OF THE PARTIES
Evidence on affidavit is filed by the complainant and also by the O.P-3.
DECISION WITH REASONS
Point no.1 , 2 & 3 :
During hearing argument in the case, it has been given to understand by the Ld. Lawyer appearing for the complainant that the O.P nos. 1 , 2 and 3 are guilty of negligence as they have not supplied the necessary papers of the motor bike including number plate, registration papers and insurance paper. For want of papers, it has not been possible for the complainant to run the vehicle on the road. The negligence on the part of those O.Ps is termed as deficiency in service on their part, as goes the submission on behalf of the complainant. On the other hand, it is submitted on behalf of those O.Ps that they have no laches on their part in so far as the issue of documents in favour of the complainant is concerned. According to them, the complainant was asked to produce his voter identity card which is essential for taking step for documentation of the vehicle. But the complainant did not produce the same and, therefore, they have been handicapped to take any step for the purpose of registration of the vehicle.
A photocopy of voter identity card has been produced on record by the complainant and on perusal of the same ,it is found that the said identity card has been issued in favour of the complainant by the Election Commission of India only on 21.1.2019. That apart, the complainant has also produced a money receipt which is issued by the O.P-3. It is also written on that money receipt that the complainant does not have any voter identity card and that he will apply for registration of the vehicle only when the voter Identity Card will be available to him. On these documents, it is established that the complainant did not have any voter identity card till 21.1.2019 and, therefore, he has not been able to apply for registration of the vehicle. O.P nos. 1,2 and 3 cannot be given any blame for not taking step for registration of the vehicle of the complainant and this being so, it appears that there is no deficiency in service on the part of those O.Ps.
So far as O.P-4 is concerned, there is no cause of action arisen against the said O.P and the case deserves to be dismissed against him. But, we know very well that our Forum is mainly concerned with the interest of the consumers. Our prime duty is to protect the interst of the consumers. In the circumstnacfes, for protecting the interest of the consumers, we are of the opinion that it will be far better to direct O.P nos. 1,2 and 3 to take step for documentation of the vehicle of the consumer and by doing this, the justice will be best subserved ,as we think.
In the result, the case succeeds.
Hence,
ORDERED
That the complaint case be and the same is decreed on contest against O.P nos. 1,2 and 3 and dismissed against O.P-4. There is no order passed as to the cost of the proceedings.
The O.P nos. 1,2 and 3 are directed to take proper step for issuing necessary papers of the motor bike of the complainant such as number plate, registration number etc.within 45 days of this order, failing which the complainant is at liberty to execute this order by the machinery of this Forum.
Considering the peculiar nature of the Case no order as to the compensation is passed.
Registrar-In-Charge of this Forum is directed to send a copy of the judgment free of cost at once to the parties concerned by speed post.
President
I / We agree
Member
Dictated and corrected by me
President
