Date of filing:- 30/12/2022.
Date of Order:-04/03/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 55 of 2022.
Sri Pabitra Sahu, S/o Balabhadra Sahu, At- George High School, Ward No.10(ten) at present R/o Ghulipali, Ward No.18(eighteen), Bargarh, Po/Ps/Tahasil/Dist. Bargarh. ..... .... ..... Complainant.
-: V e r s u s :-
- The Proprietor, Akash Motors Pvt. Ltd., At- Old N.H.6, Bhatli Chowk, Bargarh, Po/Ps/Tahasil/Dist. Bargarh-768028 (Odisha).
- Hero Finance Corporation Ltd., Bargarh Branch, Bargarh Office, At- Aakash Motors, 2nd Floor, Old N.H.6, Bhatli Chowk, Bargarh, Po/Ps/Tahasil/Dist. Bargarh- 768028(Odisha).
- Panda Auto Deal, through its Manager, Sushanta Panda, At- Near Fire Office, Canal Chowk, Old N.H.6, Bargarh, Po/Ps/Tahasil/Dist. Bargarh-768028(Odisha).
..... ..... ..... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- Sri M.K.Satpathy, Advocate with associates.
For the Opposite Parties:- Ex-parte
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agrawal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.04/03/2024. -: J U D G E M E N T:-
Presented by Smt. Anju Agrawal, Member(w):-
1) The case of the Complainant is that the Complainant has purchased one Hero Deluxe Two Wheeler bearing Regd No. OD-17-G-2316 Engine No. HA11EHF9D04290 and Chassis No. MBLHA11ARF9D01142 from the Opposite Party No.1(one). The Opposite Party No.1(one) is the authorized dealer of the aforesaid motor cycle, the Opposite Party No.2(two) is the Branch Manager of Hero Finance Corporation Ltd. and the Opposite Party No.3(three) used to sell and purchase business of old motor cycles and vehicles. The Opposite Party No.1(one) in the first week of November 2018 has initiated a scheme of exchange of vehicle with a new one. The Opposite Party No.2(two) being the financer and the Opposite Party No.3(three) has done the deal. Through the scheme, the Complainant opted to exchange his Hero HF Deluxe Vehicle and desired to purchase one Hero Glamor vehicle. The value of Hero Glamour bike was Rs. 59,700/-(Rupees fifty nine thousand seven hundred)only and accordingly the Complainant has paid Rs. 5,000/-(Rupees five thousand)only to the Opposite Party No.1(one) as cash and amount to the tune of Rs. 51,500/-(Rupees fifty one thousand five hundred)only was financed by the Opposite Party No.3(three). The Opposite Party No.2(two) has fixed the EMI @ 2136/-(Rupees two thousand one hundred thirty six)only per month to the Opposite Party No.2(two) and it was fully and finally paid on dt. 29-06-2021. As the financed amount has been cleared, the Opposite Party No.2(two) has to furnish No Objection Certificate but the Opposite Party No.2(two) has been deferring the Complainant in different pretext. The exchange value of the old vehicle i.e. Rs. 35,000/-(Rupees thirty five thousand)only as assured by the Opposite Party No.1(one) has not been deposited by the Opposite Party No.1(one) and No.3(three) before the Opposite Party No.2(two). The Complainant has already paid the excess amount but the Opposite Party No.2(two) has failed to submit NOC. At that on Dt. 13-09-2021, the Complainant served pleader's notice the Opposite Parties to furnish NOC and the refund the excess amount but the Opposite Parties remained silent.
Being aggrieved by the deficiency in service caused by the Opposite Parties this complaint filed by the Complainant praying that the Opposite Parties be directed to furnish the NOC of the Hero Glamour vehicle for RTO clearance and to refund Rs. 35,000/-(Rupees thirty five thousand)only the excess payment received by them and to pay compensation of Rs. 30,000/-(Rupees thirty thousand)only for his suffering due to rendering deficiency of consumer service and unfair practice and also for a sum of Rs. 10,000/-(Rupees ten thousand)only as litigation expenses.
2) The case of the Opposite Parties is that the Opposite Parties did not appear before this Commission. Hence, Opposite Parties are set ex-parte.
3) Perused the documents filed by the Parties and following issues are framed:-
Issues
- Whether the Opposite Parties are deficient in their service ?
- What relief the Complainant is entitled for ?
Issue No.1(one)
4) After perusal of documents it reveals that the Complainant has purchased one Glamour Drum self cast Techno Blue met on payment of Rs. 59,700/-(Rupees fifty nine thousand seven hundred)only to the Opposite Party No.1(one). The aforesaid vehicle was financed by the Opposite Party No.2(two), the finance amount being Rs. 51,500/-(Rupees fifty one thousand five hundred)only for the said vehicle the Complainant had availed a exchange scheme through Opposite Party No.3(three) for which the Complainant had exchanged his Hero HF Deluxe Two Wheeler bearing Regd. No.OD-17-G-2316. The exchange value of the vehicle was Rs. 35,000/-(Rupees thirty five thousand)only. The account statement filed by the Complainant reflects that the finance taken of Rs. 51,500/-(Rupees fifty one thousand five hundred)only towards vehicle bearing Regd. No. OD-17-P-3940 is being closed like Dt. 11-06-2021 as the Complainant has paid all the EMI's.
5) It is the duty of Opposite Party No.2(two) to issue NOC after clearing the dues but the Opposite Party No.2(two) remained silent. Further, the amount of Rs. 35,000/-(Rupees thirty five thousand)only in view of exchange of old vehicle has not been credited in the account of the Complainant for which the Complainant had to pay all the finance amount. It is the duty of Opposite Party No.1(one) and Opposite Party No.3(three) to credit the exchange amount of Rs. 35,000/-(Rupees thirty five thousand)only in the account of the Complainant but the Opposite Party No.1(one) and Opposite Party No.3(three) failed to do so. Hence, the Opposite Parties are liable for deficiency in service caused to the Complainant.
The Opposite Parties after due receipt of notice preferred to remain ex-parte, hence the complaint petition is not disputed.
Issue is answered accordingly.
Issue No.2(two)
6) As per supra discussion, the Complainant is entitled for relief claimed.
Accordingly it is ordered.
O R D E R
7) The Complaint is allowed on ex-parte against the Opposite Parties. The Opposite Party No.2(two) is directed to provide NOC of the vehicle bearing Regd. No. OD-17-F-3940 to the Complainant, the Opposite Party No.1(one) and No.3(three) are directed to pay Rs. 35,000/-(Rupees thirty five thousand)only towards the exchange value of vehicle in the account of the Complainant, further all the Opposite Parties are directed jointly and severally liable to pay Rs. 20,000/-(Rupees twenty thousand)only as compensation for mental harassment and Rs. 10,000/-(Rupees ten thousand)only as litigation expenses to the Complainant within one month of this order, failing which, the entire awarded amount shall carry 12%(twelve percent) interest per annum till realization.
8) Accordingly the order is pronounced in the open Commission to-day i.e. Dt.04/03/2024 and the case is allowed against the Opposite Parties and disposed off.
Typed to my dictation
and corrected by me.
I agree, ( Smt. Anju Agrawal)
M e m b e r(w).
(Smt. Jigeesha Mishra)
P r e s i d e n t.
