COMPLAINT CASE NO. HDF 69 OF 2010
DATE OF FILING : 25-08-2010.
DATE OF FINAL ORDER : 14-03-2011.
Sri Pritam Kumar Ghosh,
F/O. Sri Anup Kumar Ghosh,
29/1/1, Panchanan Chatterjee Lane,
Howrah – 711101.
( Previous Address – 134, Kasundia Road,
Howrah - 711101. -COMPLAINANT.
Versus -
1. Bajaj Auto Fiance Ltd.,
Howrah Branch,
O/O. Vedant Automotives Pvt. Ltd.
138, G.T. Road ( S ),
Howrah – 2.
2. Bajaj Auto Finance Ltd.,
Locus Building,
232/B A.J. C. Bose Road,
Kolkata – 20. -OPPOSITE PARTIES.
P R E S E N T
1. Honble President : Shri J.N. Ray..
2. Honble Member : Smt. Samiksha Bhattacharya.
C O U N S E L
Representative for the complainant : Complainant himself.
Representative for the opposite party nos. 1 and 2
: Shri Prasanta Bhatta,
Authorised Signatory.
F I N A L O R D E R
This is to consider an application U/S 12 of the C.P. Act, 1986 praying for BLUE BOOK and compensation on the ground of deficiency in service.
Fact of the case, in brief, is that the complainant purchased one Bajaj Buxer CT K – TEC DTD on 31-08-2002 from Vedant Automotives Pvt. Ltd.. 138 G.T. Road, Howrah – 2, paying Rs. 10,000/- in cash and Rs. 27,740/- loan from O.P. no. 1, Bajaj Auto Finance Ltd., Howrah Branch, O/O Vedant Automotives Pvt. Ltd.. 138 G.T. Road, Howrah – 2. In the loan period the O.P. no. 1 issued a copy of the first page of the blue book with remark on the letter as Attest. By Original on 25-11-2002. O.P. no. 1 also issued a certificate of full payment. The complainant received the duplicate key except the blue book. The complainant knocked the door of the O.P. no. 2 to receive the blue book several times, O.P. no. 1 always gave him the assurance to supply the same shortly. Thereafter on 02-07-2009 the complainant sent a letter to the O.P. no. 1. The complainant was informed over telephone by O.P. no. 1 to contact with the O.P. no. 2. Again the complainant sent a letter to the O.P. no. 2 on 09-07-2009 and sent reminder on 13-02-2010. Getting no solution the complainant lodged a complaint before the Assistant Director, C.A. and F.B.P., Howrah Regional office, Howrah, on 1st June, 2010. On the basis of that complaint the Assistant Director, C.A. and F.B.P., Howrah Regional Office, arranged a tripartite meeting on 23-06-2010. On that day the representative of the said finance company, assured the complainant that all expenditure would be borne by the said finance company and requested the complainant to submit related documents. Accordingly the complainant handed over the documents to him. The said representative requested the complainant to lodge a diary for missing the blue book at Howrah P.S. Accordingly the complainant lodged a diary but then the representative of the finance company denied to pay the expenditure to the motor vehicles to re-issue the blue book in favour of the complainant. Then the Assistant Director, C.A. and F.B.P., Howrah Regional office, Howrah, again arranged the next meeting on 12th August, 2010 but none of the finance company attended the meeting. Thereafter getting no other alternative the complainant filed this case before this Forum.
O.P. nos. 1 and 2 appeared before the Forum and filed their written version.
Before filing written version the representative of the O.Ps. no. 1 and 2 submitted before us that they would provide the blue book to the complainant and prayed for some time. Complainant agreed and accordingly prayer was allowed for compromise. After that on 13th December, 2010 the complainant received the blue book in question and the smart card. On 15th December, 2010 both parties appeared before this Forum and complainant wanted to proceed with the case for the compensation.
Thereafter the O.Ps. no. 1 and 2 filed their written version. In their written version O.Ps. no. 1 and 2 stated that after completion of the due payment by the complainant they gave the NOC in the year 2002 and the O.Ps. were ready to hand over the blue book to the complainant. Unfortunately by the time the same could not be handed over to the complainant as the office of the O.P. no. 2 had been shifted from C.I.T. Road to Santiniketan Building, Camac Street, and subsequently to Magma House, Park Street, and thereafter presently now at the Lucas Building, Minto Park. In the mean while the concerned person who generally used to deal with all these matters had left the job. As a result the same had been lost from the O.P. no. 2. The lost of the said blue book is no more intentional as it is the norms and policy of the O.P. no. 2 to issue NOC and blue book to all the customers after completion of their payment to the finance company and the said O.P. no. 2 has been doing the same to the thousands of the customers around the nation. The representative of the O.Ps. no. 1 and 2 further stated that after a prolonged lapse of 4 / 5 years ( but not 8 years as alleged by the complainant ) the complainant lodged a complaint before the Assistant Director, C.A. and F.B.P., Howrah Regional office, Howrah. After getting the notice from the office of the Assistant Director, C.A. and F.B.P., Howrah Regional office, Howrah, the O.Ps. started its procedure to obtain the duplicate blue book at its own expense. However, during the process it is found that to take the duplicate blue book life time tax to be paid at first and only then the application for obtaining the same can be made before the appropriate authority. The O.Ps. found it not only expensive but also required some time Thereafter the O.Ps. obtained the blue book from the concerned authority by paying the life time tax on behalf of the complainant and other processing expenses amounting to Rs. 6,800/- and ultimately handed over the same to the complainant on 13-12-2010.
In their written version O.Ps. also stated that the complainant neither have faced any sort of problem for driving the two wheeler nor suffered from any sort of mental harassment in any manner, otherwise, he would not keep him idle for a long period of 4/5 years. Moreover, O.Ps. stated that while the complainant received the blue book and tax token he did not utter about any such compensation. If so, the O.Ps. would have preferred to pay complainant the compensation of Rs. 10,000/- ( as prayed by the complainant ) rather than to bear Rs. 6,800/- and make other formalities to obtain the blue book. They have also stated that to avoid the payment of life time tax and to make some unlawful gain the complainant filed his complaint before the Forum. After filing the case the O.Ps. have given full cooperation to obtain the blue book so there is no question of giving any compensation. As there is no willful latches or deficiency in service on the part of the O.Ps. The complaint should be dismissed with cost.
In view of the pleading of the parties following points arose for determination :
Is there any deficiency in service on the part of the o.ps.
Is the complainant entitled to get an order in terms of Section 14 of the C.P. Act, 1986
DECISION WITH REASONS :
POINTS NO. 1 and 2 :
Both the points are taken up together for the sake of convenience of discussion and for brevity.
It is admitted fact that the complainants purchased one Bajaj Buxer CT K – TEC DTD on 31-08-2002 from Vedant Automotives Pvt. Ltd., 138, G.T. road, Howrah – 2. It is also admitted fact that the complainant paid Rs. 10,000/- in cash and he had taken a loan of Rs. 27,740/- from O.P. no. 2. It is clear from the petition of the complainant that he had received a copy of the first page of the blue book with remark Attest. By original dt. 25-11-2002. The O.P. no. 2 also issued a NOC to the complainant and the duplicate key. Then after lapse of 5/6 years complainant knocked the door of O.P. no. 1 by sending a letter dated 02-07-2009. On the very next day the O.P. no. 1 informed the complainant to make further correspondence with the O.P. no. 2. Then the complainant sent a letter to the O.P. no. 2 on 09-07-2009 and sent reminder on 13-02-2010. Thereafter complainant lodged his complaint before the Assistant Director, C.A. and F.B.P., Howrah. Then the representative of Bajaj Auto Finance contacted with the complainant, but as the process was going on, the blue book could not be handed over to the complainant. When the case was filed before this Forum, the O.P. assured before us that O.Ps. need not file the written version as the blue book would be handed over shortly. In the mean time on 13-12-2010, the O.P. handed over the blue book which was duly received by the complainant on that very day. The O.P. made an arrangement to issue the blue book and had borne other expenses to avoid litigation and to settle the matter. But after receiving the blue book, the complainant opined to proceed with the case for compensation.
As per Section 14(1) (d) compensation can be awarded to a consumer only in respect of loss or injury suffered by the consumer due to the negligence of the O.P. Thus the Forum may award compensation under two conditions :
The consumer must have suffered loss or injury and
The loss or injury must have been caused due to negligence of the O.P.
The purpose of compensation is making up for the loss or injury caused. The compensation to be awarded has to be quantified on a rational basis on a consideration of materials produced before the adjudicating Forum showing the extent of injury suffered, and the manner in which and the extent to which monetary loss has been caused thereby to the complainant.
Here, in the instant case the complainant did not substantiate any evidence such that he has suffered loss or injury suffered by him in any manner. Moreover, the complainant kept himself idle for several years. The complainant could not tell on which date the full payment was made by him. Accordingly, the O.Ps. gave him full payment certificate. After lapse of 5/6 years the complainant sent a letter to O.P. no. 1 and thereafter communicated with O.P. no. 2.
We have to decide whether the intention of the O.Ps. are malafide or not. The complainant did not contact with the O.Ps. for several years. The complainant started to contact with the O.Ps. on July,2009 only to make up the Limitation Period. After getting the notice the O.P.s started their job to issue the Blue Book. Not only that, they had also borne the expenditure towards life time tax etc. The conduct of the O.Ps. through out the proceeding would also be a relevant consideration in assessing the compensation. It has been observed that the representative of the O.Ps. cooperated with the complainant through out the proceeding.
Therefore, we are in the view that there is no malafide intension on the part of the O.Ps. to harass the complainant. On the other side, the complainant would not produce any substantial evidence that he had suffered any loss or injury. Moreover, his main demand to obtain the blue book is already settled as the complainant has received the same. And the expenditure to issue the blue book and other charges all are borne by the O.Ps. So, there is no willful latches on the part of the O.Ps. Therefore, we are in the view that no compensation in this regard is to be awarded.
Hence,
O R D E R E D
That the consumer complaint is disposed of .
Let copies of the order be supplied to the parties, as per rule.
