DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, BOLANGIR
Presents:-
1 Sri A.K.Purohit, President
2 Smt. S.Rath, Member.
Dated, Bolangir the 08th day of May’ 2019
C.C. No. 17 of 2018
Sri Bidio Bishi, S/o- Uttar Bishi, At- Khaliapali
Ps- Dunguripali, District-Subarnapur
-Versue-
Arundhati Motors Pvt. Ltd, N.H.201,
Near check Gate Sambalpur Road, Bolangir, Odisha
Authorised Dealer Hero Moto Crop Ltd
Adv. For the Complainant: - Sri S.B. Sahu and associates
Adv. For O.P :- Sri A.K. Mshra and associates
Date of filing of the Case :- 06.04.2018
Date of Order :- 08.05.2019
JUDGMENT
Sri A.K.Purohit, President
1 The case of the complainant is that, he had purchased a HF deluxe model motorcycle from the O.P. on dated 3.5.2017 and paid Rs.47816/- towards Model price, Rs. 2759/- towards registration charges, Rs. 1840/- towards insurance charges and Rs. 275/- towards good life charges, in total the complainant had paid Rs. 52690/- on the same date. The engine No. of the said vehicle is HA11ENH9B08752 and the Chassis No. is MBLHAR204H9B01201. The complainant alleges that although he had paid the registration charges to the O.P. for registration of his vehicle the same has not yet been done by the O.P. for which without registration he is not able to use the vehicle and the same is standing idle. Although the complainant had requested the O.P. several time for registration of the vehicle the O.P. did not listen to the same. Hence the complaint.
2. Although the O.P. has appeared in this case, he did not choose to file the written version and hence he was set experte vide order dated 1.8.18.
3. Heard the learned advocate for the complainant. Perused the complaint petition and the documents available on record. Relying on the Retail invoice, Vehicle money receipt and Registration certificate dated27.2.17 the learned Sr. Advocate Sri S.B.Sahu appearing for the complainant submitted that, not only the O.P. has violated the condition of sale but also has adopted deceptive practice and hence the complainant is entitled to the relief as prayed for.
4. Perused the documentary evidence available on record. It is seen that, the O.P. has issued the Retail Invoice on dated 3.5.17 for Rs. 47816/- towards the price of the Motor Cycle. It is also seen from the Vehicle Money Receipt that, the O.P. has received Rs. 52690/- from the complainant towards model price, registration charges, insurance charges and good life charges. These evidence shows that the complainant has purchased a HF DELUXE motor cycle from the O.P. and had paid the consideration amount including the registration charges on dated3.5.17. The allegation of the complainant supported by an affidavit shows that the O.P. has not yet registered the motor cycle before the registration Authority. There is no evidence available on record to show that the vehicle was registered in the name of the complainant after purchase. Therefore the complainant has prove its case with sufficient evidence.
5. When the O.P. has received the registration charges from the complainant he is under obligation to perform the same but he has failed to do the same which amounts to unfair trade practice. Registration is a statutory requirement and without registration one cannot use his vehicle and hence the complainant has unable to use his vehicle till date and is entitled to compensation.
6. Further it is seen from the Registration Certificate issued by the R.T.O., Balangir on dated 27.2 17 that the said motor cycle was registered in the name of Gobinda Dharua. The said motor cycle was sold to the complainant on dated 3.5.17. This evidence shows that the O.P. sold the motor cycle to the complainant by adopting deceptive practice without disclosing the previous registration. Hence the O.P.is liable for punitive damage.
7. Under the aforesaid discussion and material available on record it is concluded that the O.P.has failed to perform its obligation and has adopted unfair trade practice and deceptive practice. The complainant has proved its case with sufficient documentary evidence and affidavit. Hence ordered
ORDER
The O.P. is directed to register the motor cycle of the complainant before the Authority and to hand over the Registration Certificate to the complainant within one month from the date of receipt of this order. Further the O.P. is directed to pay Rs. one lakh towards compensation and cost and Rs. one lakh towards punitive damage to the complainant within one month from the date of receipt of this order, failing which the entire amount shall bear an interest @ 6% P.A. till payment. Further the O.P. is directed not to adopt any unfair trade practice and deceptive practice in future.
Accordingly the case of the complainant is allowed.
Order pronounced in the open Forum to-day the 8th day of May 2019.
Sd/- Sd/-
MEMBER. PRESIDENT
