DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 101 OF 2016

Sanjib Dihiria ( 42 Yrs.),

S/O: Mangulu Dihiria,

R/O: Kantapali, PO: BTM, Jharsuguda,

PS/Dist: Jharsuguda, Odisha.………….………………….…………Complainant.

Versus

Branch Manager,

Maa Samaleswari Automobiles, Ainthapali,

NH-6, Sambalpur,

Dist: Sambalpur, Odisha.…………....……………..…..………….……..Opp. Party.

Counsel for the Parties:-

For the Complainant                                  Self.

For the Opp. Party                                   Sri N.K.Mishra, Adv. & Associates.

Date of Order: 22.08.2017

Present

                                                                                               1. Shri S.L.Behera, President.

                                                                                               2. Shri S.K. Ojha, Member.

                                                                                              3. Smt. A. Nanda, Member (W).

Smt. A. Nanda, Member (W) : - The brief facts of the complainant’s case is that, the complainant has purchased one auto rickshaw from Opposite Party on dtd. 07.12.2014 by paying Rs.182,000/-only under hypothecation scheme with Hinduza Leyland Finance Ltd. The complainant has paid Rs.10,423/- only in cash to the O.P for registration fees, Road tax etc. The O.P assured him to take the necessary document like RC Book, Smart Card, Insurance etc. of the vehicle within 15 days but till date the O.P not provided any document except a copy of form receipt of fees and tax which is in the name of one Basanta Mirdha. The complainant visited several times for correction of the same paper and to provide the other papers but the O.P did not turn up, hence this case. 

Being noticed O.P appeared but failed to file his written version as such the O.P stand ex-parte.

Heard from the complainant and perused the record along with documents available. The complainant has purchased one Bajaj RE Maxima from the O.P by paying Rs.1,82,000/- only as down payment which was financed by Hinduza Leyland Finance Ltd. on dtd. 07.12.2014. The O.P assured to provide necessary papers such as Registration Certificate, Insurance etc. to the complainant and received a sum of Rs.10,423/- only and fail to provide the said documents except one form receipt of fees and tax and that is also in the name of one Basanta Mirdha in place of complainant. That documents also not rectified in the name of complainant till date so also not provided any other necessary papers.  The complainant is not able to ply the vehicle on road it indicates that the O.P has adopted unfair trade practice and deficiency in service on the part of complainant.

In the above observation we are in considered opinion to allow the complaint of the complainant with direction to the O.P to make necessary correction in Form Receipt of Fee and Tax and arrange to provide Registration Certificate, Insurance and all necessary documents of aforesaid vehicle of complainant from the concerned authorities with own expenditures along with pay a sum of Rs.30,000/- ( Rupees thirty thousand) only to the complainant towards mental agony, harassment including litigation costs within 30 days from the date of receipt of this order, failing which the O.P. shall be liable for interest @ 12% per annum on the abovementioned awarded amounts till realization. 

            Accordingly the case in hand is disposed of.

Order pronounced in the open court today the 22^nd day of August’ 2017 and copy of this order shall be supplied to the parties as per rule.

                                                              I Agree.                           I Agree.                                                                                             

                                             S.K.Ojha, Member            S. L. Behera, President          A.Nanda, Member (W)                      

                                               Dictated and corrected by me

                                                 A.Nanda, Member (W)