Orissa

Jajapur

CC/78/2019

Bijay Kumar Senapati. - Complainant(s)

Versus

Ayush Automobiles. - Opp.Party(s)

Alok Kumar Pani.

28 Feb 2020

ORDER

 IN  THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das, President.

                                                                            2.Sri Pitabas Mohanty, I/C President,

                                                                            3.Miss Smita Ray, Lady Member.                                                                 

                                          Dated the 28^th day of  February,2020                                                   

                                                          C.C.Case No. 78  of 2019

Bijay kumar Senapathi, S/O Late Fakira Senapati  

Vill- Unit-3, Routrapur, P.O/P.S/Dt.Jajpur 

                                                                                                                  ……....Complainant .                                                                                                      

                                                  (Versus)

1. Ayush Automobiles, At.Belarpur, P.O.Devidwar ,P.O/Dt. Jajpur

 

2. Hero Fin.crop Limited, At.Belarpur,P.O. Devidwar, PS/Dt.Jajpur
3. Hero Fin.Crop Registered office,34,community center,Basant Lok

Vasant Vihar,New Delhi.

                                                                                                                                ……………..Opp.Parties.                                                                                                                                                             

For the Complainant:                              Sri A.K.Pani,  Sanjida Tabassum,  Advocates  .

For the Opp.Parties :                                 None ( Exparte)    

                                                                                                     Date of order:  28 .02. 2020.

SHRI  PITABAS MOHANTY   ,   MEMBER   .

The petitioner has filed the present dispute against the O.Ps  alleging deficiency in service .

            The facts as stated by the petitioner in the complaint petition shortly are that the petitioner has purchased one  Hero Honda  Two wheeler Motor Cycle though  the financial assistance of O.P.no.2 and 3 with co-operation of O.P.no.1  bearing Regd. No.OD-34G-4026 on the strength of hypothecation agreement .  It is stated by  the petitioner that  as per agreement the petitioner  has repaid  the entire financial amount as per  the terms and condition of the agreement and completed the repayment in due time .  After repayment of installment dues the O.p.no.3 issued NOC  certificate along with another letter and Form-35  which was addressed to R.T.O, Jajpur . After receipt of the letter the petitioner ascertained that the registration no has been written as TO2349962 in  place of OD-34G-4026 . Hence the petitioner approached  O.P.no.2 who  corrected it in his own hand in  writing but the R.T.O, Jajpur did not accept it on the ground as it is hand written  .The letter was also valid for three months . Finding no other way the petitioner went several time to O.Pno.1 and 2 but they are avoiding raising  different pleas .Finally on 13.08.19 the petitioner approached the O.p.no.1 and 2 to issue fresh N.O.C and form no.35 so as to cancel the hypothecation agreement but the O.P.no.1 and 2 denied to take any action .The O.ps playing hide and seek game with the petitioner after taking full payment which is nothing but unfair trade practice .Accordingly the petitioner knocked the door of this Fora with the prayer to direct the O.Ps  to pay compensation of Rs.10,000/- for mental agony  and also direct to issue fresh N.O.C  along with Form no.35 for cancellation of Hypothecation agreement to R.T.O,Jajpur .

 Though the  notice was duly served  on the O.Ps  but ,the O.Ps did not choose to contest the dispute  by  filing the objection / W. V against the petition. Accordingly after giving  several opportunity this fora set exparte   the O.Ps vide order dt.28.11.19  as per statute .

            On the date of hearing we heard the argument from the learned advocate of the petitioner. After perusal of the record and documents in details it is undisputed fact that the petitioner has purchased the alleged vehicle from O.p.no.1 with the financial assistance of O.p.o.2 and 3.

It is also undisputed fact that the O.p.no.3 issued N.O.C  in favour  of the petitioner with a wrong registration no.  which was not accepted by the concerned R.T.O,Jajpur .  Subsequently after several approach from the side of the petitioner  the O.Ps did not co-operate with the petitioner to issue fresh  N.O.C  along with form no.35  for cancellation of Hypothecation agreement .On the other hand  the O.ps have neither appeared nor filed  any objection or written version against the complaint petition.  Accordingly there is no scope before this Fora without  accepting  the uncontroverted statement  made by the complainant   as per observation of Hon’ble State Commission or National Commission  reported in 2003-CLT-Vol-96-p-15-para-4( C.C.Case No.37/2002-Odisha , 2013(11) CPR-507 –N.C respectively.

            Hence this Order

The dispute is allowed . The O.ps are directed to issue N.O.C with correct registration no. of the vehicle  in favour of the petitioner within one month after receipt of this order , failing which the O.ps are liable to pay Rs.10,000/-( ten thousand )  as compensation . The petitioner can recover the same as per  proper procedure of law.

            This order is pronounced in the open Forum on this the 28th  day of  February,2020. under my hand and seal of the Forum.