PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
Consumer Complaint No.- 189/2024
Present-Dr. Ramakanta Satapathy, President,
Sri. SadanandaTripathy, Member,
Swayamprabha Sahu,
D/O- Raj Kishor Sahu,
R/O- Modipara Chowk, Ps-Town, Dist- Sambalpur,
Representative Raj Kishor Sahu, S/O- Narasingh Sahu,
R/O-Modipara Chowk, PS-Town, Dist-Sambalpur. ……………..Complainant
Vrs
- Sri. Shyam Motors,
At-Panchgachia, Bareipali, Ps-Bareipali, PO/Dist-Sambalpur.
- Real Mazon India Limited,
At-Plot No. 135/1423, Refuse Colony, Laxmi Sagar, Budheswari,
Bhubaneswar-751006.
- RTA Sambalpur,
At/PO-Maneswar Ps-Sadar, Dist-Sambalpur. …….....Opp.Parties
Counsels:-
- For the Complainant :- Sri. T.K.Pradhan & Associates
- For the O.P.No.1 :- Sri. S.K.Pattanaik, Adv. & Associates
- For the O.P.No.2 :- Sri. B. Panda & Associates
- For O.P.No.3 :- G.P.
Date of Filing:18.06.2024, Date of Hearing :08.10.2024, Date of Judgement :12:11.2024
Presented by Dr. Ramakanta Satapathy, PRESIDENT
- The case of the Complainant is that the Complainant is a deaf and dumb person and represented through father guardian Rajkishore Sahu. The Complainant purchased one duet scooter bearing No. OD 23E-4678. The Complainant paid Rs. 346.92P to-wards cost of High Security Number plate and misc. Charges of Rs. 200/- through online mode vide receipt No. SRI/00009117 dated 16.09.2022 wherein fitment location is SRI SHYAM MOTORS OLDFITMENT, NH-6, PANCHGCHIA, BARAIPALI, SAMBALPUR and the date fitment was 13.10.2022 at 2.52PM.
On 13.02.2022 father of the Complainant went to O.P.No.1 but the O.P.No.1 expressed that front number plate of the vehicle is showing wrong number and it will be sent to the O.P.No.2. O.P.No.1 asked to come to outlet after some days. On 08.11.2022 father of the Complainant when attended O.P.No.1 gave in writing “Above is that list of HSRP we have received with errors and the same is duly informed to the vendors. We will intimate the customers on receipt of the correct plate from the vendor. This is for information.”
The O.P. No.1 not intimated till 24.04.2024 and all of a sudden father of the Complainant received a phone call from O.P.No.1 asking him to visit the outlet and further demanded Rs. 340/- to fit the High Security number plate. The Complainant denied to pay. The O.P.No.1 & 2 indulged in unfair trade practice and are deficient in service. The O.P.No.3 should see that bonafide customer should not suffer.
Being aggrieved complaint has been filed.
- The dealer, O.P.No.1 submitted that O.P.No.2 is the manufacturer and sent defective number plates. The number plates are sent to O.P.No.2. After being supplied with correct number plate same has been fitted. In 2022 Complainant has deposited service charges. O.P.No.1 has not demanded Rs. 350/- as a service provider on behalf of O.P.No.3.
- The Real Mazon India Ltd. O.P.No.2 manufacturer of HSRP. The O.P.No.1 informed for a list of 29 numbers of HSRP number plates which are wrong or misplaced by mail to O.P.No.2 on 17.12.2022 and most of the cases were solved immediately. On 17.12.2022 the O.P.No.2 sent a reply mail to produce the snap of wrong imposed HSRP which is pending. The O.P.No.1 not shared the photo of the number plate. The answering O.P. has no knowledge about demand of Rs. 340/-. Due to human error such mistake has been made.
- The O.P.No.3 not submitted any version.
- Perused the documents filed by Complainant and O.P.No.2. The Complainant has submitted the disability certificate No. 21281537312 dated 19.03.2015 issued by C.D.M.O, Sambalpur. Fitment appointment letter shows that date was fixed on 13.10.2022 at 2.52Pm and Rs. 346.92P receipt granted. The O.P.No.1 supplied a note that error plate has been received on 08.11.2022.
The O.P.No.2 submitted the Udayam Regd. Certificate No. UDYAM-DL-01-0007000dated 31.05.1995 and order of Transport Commissioner No. LX-168/2019(Tech) T058/TC dated 26.05.2022.
- It is admitted case of the parties that for the vehicle No. OD-23E-4678 the Complainant paid Rs. 346.92 to the O.P.No.2 to affix High Security Number Plate and fitment time was fixed on 13.10.2022 at 2.52PM. It was the duty of O.P.No.1 that after receipt from OP. on the date and time the HSRP to be fitted. Due to wrong writing in front number plate it was not fitted in the vehicle.
As per submission of O.P.No.1, the O.P.No.1 informed through mail on 17.12.2022 and immediately most of the cases were resolved, which was 29 in number. The O.P.No.2 on 20.12.2022 sent reply mail to O.P.No.1 to send the wrong imposed HSRP snap whose fitment is pending but the O.P.No.1 the sent the HSRP snap. The O.P.No.1 submitted that the correct HSRP has been fitted in 2022 and the deficiency is on the part of O.P.No.2. From the contentions of the parties it is clear that the O.P.No.2 till date not received the snap shot of HSRP and the O.P.No.1 not fitted the front number plate till date. It can not be treated as human error. Both the O.P.No.1 & 2 are deficient in their service for which front HSRP has not been fitted with the vehicle of the Complainant.
- The Transport Commissioner Cum Chairman State Transport Authority Odisha issued order No. LX-168/2019(Tech) 7058/TC dated 26.05.2022. The HSRP would be affixed by the vehicle manufacturer and their authorized dealer only. Only HSRP Vendor authorized by the vehicle manufactures(OEMs) shall supply the HSRP only to their authorized dealer. As per order of the transport authority last date of fittings of HSRP for the vehicle No. OD 23E-4678 was 30th Nov. 2022 and the O.P.No.1 & 2 failed to fit the HSRP.
The O.P.No.3 is empowered to impose fine of Rs. 5000/- and Under Section 192 of the M.V. Act, 1988 can impose fine of Rs. 10,000/-. No doubt no any fine has been imposed on the Complainant but there is gross violation of the M.V Act, 1988 due to the O.P.No.1 &2 who are jointly and severally liable for the deficiency in service.
In such circumstances following order is passed:
ORDER
The complaint is allowed on contest against O.P.No.1 & 2. O.P.No.1 & 2 are jointly and severally liable for non fitment of the HSRP in vehicle No. OD-23E-4678. The O.P.No.1 & 2 are directed to fit the HSRP within one month of this order. The O.P. No.3 is directed to ensure that HSRP is fitted with the vehicle within one month of this order. For deficiency in service the O.P.No.1 & 2 are liable to pay compensation of Rs. 50,000/- and litigation expenses of Rs. 10,000/-.
Order pronounced in the open court on 12th day of Nov, 2024.
Supply free copies to the parties.
