DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI
C.C.NO.58 OF 2022
Date of Filing : 20.10.2022
Date of Order : 26.12.2022
Manoj Kumar Sahoo
S/O- Gajendra Nath Sahoo
AT – Old L.I.C Colony,
PO/PS- Phulbani
DIST- Kandhamal
…………. Complainant
-Versus-
1. Celex Technologies Pvt. Ltd.
1440/8572, Sanjeeb Bhaban,
Satya Vihar, Rasulgarh,
Bhubaneswar- 751010
2. Utkal Automobile Private Ltd.
Unit-3, Kharvel Nagar,
Bhubaneswar- 751001
3. Hindustan Wheels.
Plot No. 243/870 & 244/868,
Gajapati Nagar, Near Saiknik School,
Gajapati Nagar,
Bhubaneswar-751005
….……... OPP. Parties
Present: Sri Purna Chandra Mishra - President.
Sri Sudhakar Senapothi - Member.
For the Complainant: Mr.P.C.Tripathy Advocate & associates
For O.P.- Ex-parte
JUDGEMENT
Sri Purna Chandra Mishra, President
Complainant Manoj Kumar Sahoo has filed this case U/s. 35 of CP Act 2019 alleging deficiency of service and harassment on the part of the OPs for not affixing his HSRP in time in spite of payment of cost in advance and praying therein for direction to OP No.1 to deliver the HSRP to one dealer of Phulbani Town for fitment in the Scooter, direct OP No. 2 & 3 to pay a sum of Rs. 3000/- for the expenditure incurred by him for travelling, fooding and other expenses from Phulbani to Bhubaneswar and a sum of Rs. 30000/- as compensation for harassment and a sum of Rs 20000/- towards cost of litigation.
- Brief fact leading to the case is that the complainant has purchased a Yamaha Fascino scooter from M/s. Anjali Motors Phulbani on 14.09.2016. The registration number is OD12A4299. In the year 2022 Govt. made a notification for affixing HSRP in all motor vehicle registered in the State of Odisha. Accordingly the complainant booked is HSRP on 31.05.2022 in online mode by paying Rs. 437.78 and the money receipt no was 22/21/MMH/634 dated 31.05.2022 and accordingly the slot was allotted on 10.06.2022 for affixing the HSRP vide order No. 0M00051220610001 at Utkal Automobile Pvt. Ltd., Bhubaneswar. Accordingly the complainant on 10.06.222 went to OP No. 2 with his vehicle to Bhubaneswar and reaching there found the establishment of OP No. 2 to be closed and on his attempt to contact with OP No. 2 in the given telephone number it remain un-responded for which the complainant had to return back to Phulbani and an expenditure of Rs. 1500/- was made to meet the expenses for to and fro Journey from Phulbani to Bhubaneswar and other expenses relating to the travel. After returning from Bhubaneswar the petitioner attempted to contact with OP No.1 regarding fitment of HSRP for which online compliant was made and the fitment center was changed to OP No. 3 i.e. Hindustan Wheels, Bhubaneswar and the date was fixed to 19.10.2022 for affixing the HSRP. On the relevant day the complainant reached the OP No. 3 and requested him to affix the HSRP in his scooter by showing the receipt. After two hours the complainant was informed that his HSRP is not traceable and he had to come back for the second time from BBSR to Phulbani and finding no other alternative he has filed this case before this Commission for the reliefs as discussed above.
- Notice was issued to the OP. But in-spite of service of notice through special messenger the OP neither appeared nor challenged the allegations raised against him in any manner. So this Commission proceeded to dispose off this case on the basis of ex-parte.
- The complainant in support of his case has filed the copy of the money receipt –cum – invoice dated 10.06.2022 alongwith the affixing detail of the HSRP, copy of the modified date with details, copy of the photo copy of the courier packet issued from Hindustan Wheels to Manoj Kumar Sahoo on dated 26.11.2022. The complainant has filed his evidence in shape of affidavit.
- That only point for adjudication in this case is whether the OPs have caused deficiency in service and harassment to the petitioner for affixing his HSRP in his scooter bearing registration no. OD-12-A-4299
It is seen from the documents on record that the complainant had booked the HSRP for his scooter bearing registration. No. OD12A4299 on dated 31.05.2022 on payment of Rs. 437.78 and he was intimated that his fitment code is 6341 and the place of affixing the HSRP will be at Utkal Automobiles, Unit-3, Kharavela Nagar, Bhubaneswar, 751001 and date of affixing is 10.06.2022 in between 10.00 AM to 05.00 P. It is alleged that on the relevant day i.e. 10.06.2022 the complainant proceeded from Phulbani to Bhubaneswar by his scooter for fitment of the HSRP and reaching there he found the institution to be closed and on his attempt to contact the dealer Utkal Automobiles in the given phone no. i.e. 9437041976 there was no response and on local enquiry he came to know that the institution is closed since long, so he had to return back from Bhubaneswar. This fact is supported by his evidence filed through affidavit and the evidence adduced by the complainant in support of his pleading stands unchallenged.
It is further pleaded that after returning back being harrashed contacted the OP No. 1 stating his difficulties and the HSRP affixing date was modified to dated 25.07.2022 and the name of the dealer was changed and the affixing work was entrusted to Hindustan Wheels i.e. OP No. 3. Accordingly he proceeded to Bhubaneswar on the date fixed but after waiting for 2 hours he was intimated that his HSRP is not available / traceable for which he had to return back. This fact is also supported by the evidence adduced by him in his evidence in chief which also remains unchallenged.
The complainant filed the copy of the courier packets containing the HSRP issued by Hindustan Wheels in his address through DTDC courier service to Phulbani on 26.11.2022
It is very much clear from the documents available on record and from the evidence filed by the petitioner in shape of affidavit that the complainant was harassed on two occasion by spending money for fuel, fooding, lodging and other expenses for his journey from Phulbani to Bhubaneswar. It is crystal clear from the photocopy of the packet containing HSRP which was sent through courier service on 26.11.2022 addressed to the complainant that the OP No. 3 failed to affix the number plate in his vehicle on the date fixed by OP No. 1. As the OPs failed to affix the HSRP twice and he was made to run from Phulbani to Bhubaneswar on the schedule date and time given to the complainant a case of deficiency in service is made out against the OPs and as the complainant who happens to be an Advocate by profession lost two valuable days each time for travelling from Phubani to Bhubanswar covering a distance of around 430 KMs, a clean case of harassment is also made out against the OPs. The OP No. 1 is the agency entrusted with the task of affixing the HSRP in the State of Odisha and the OP No. 2 & 3 are his agents through whom he is carrying out the affixing job in different vehicles. So he is responsible for the act of omission and commission of his agents and is made liable jointly and severally with the OP No. 2 and 3 for causing deficiency in service and harrasment to the petitioner and hence the order.
ORDER
The complaint petition is allowed on ex-parte against the OPs. The OPs are made jointly and severally liable for causing deficiency in service and liable for causing harassment to the petitioner. The OPs are directed to pay a sum of Rs.25,000/-(Rupees twenty five thousand) only towards deficiency in service and harassment to the complainant and a sum of Rs.10,000/-(ten thousand) only towards cost of litigation. The OP No. 1 is directed to pay the entire cost and compensation to the complainant first and recover the portion of the compensation from OP No. 2 & 3 subsequently. The order is to be complied within a period of 30 days from the date of communication to the OP No. 1 failing which the O.P No.1 shall go on paying compensation of Rs.200/-(two hundred) only daily so long as the order is not complied.
Computerized & corrected by me.
I Agree
MEMBER PRESIDENT
Pronounced in the open Commissioner today on this 26th day of December 2022 in the presence of the parties.
MEMBER PRESIDENT
