Date of filing:18.08.2017 Date of disposal:13.02.2018
Complainant: Matiul Islam Sekh, S/o. Akbar Sekh, residing at Vill.-Dhaleshwar, Begpur, Kalna,
Burdwan, Vill.-Chandpur, P.O.-Bitra, P.S.-Kalna, Dist.-Burdwan, Pin-713422.
-VERSUS-
Opposite Party: Gati Motors Pvt. Ltd., represented by General Manager, having its office at
NH-2, Fagupur, Burdwan-713101, having its registered office at Nachan
Road, Bhiringi, Benachity, Durgapur, Dist.-Burdwan, Pin-713213.
Present: Hon’ble President: Smt.Jayanti Maitra(Ray).
Hon’ble Member: Miss Nivedita Ghosh.
Hon’ble Member : Dr. Tapan Kr. Tripathy.
Appeared for the Complainant: Ld. Advocate, Chayan Bhattacharya.
Appeared for the Opposite Party: None.
JUDGEMENT
This is a case U/s. 12 of the C.P. Act for an award directing the O.P. to return or deliver all the documents/papers of the vehicle for the purpose of registration and others, to pay a sum of Rs.3,00,000/- as compensation, to pay the complainant’s legal expenses worth of Rs.10,000/-, to pay Rs.10,000/- for mental agony and harassment and to pay 10% interest p.a. for the total claim of Rs.3,20,000/- from the date till the payment to the complainant.
The complainant’s case in short is that the complainant, for the purpose of agriculture and to earn his livelihood, bought a Tata ACE Magic BS-III vehicle from the O.P. by taking loan from the Sriram Transport Finance Corporation (STFC). On 9.3.2016 the complainant deposited a total cash of Rs.1,61,000/- to the O.P. regarding the vehicle, its insurance and making charges of necessary documents regarding the vehicle. On the same date the O.P. delivered the said vehicle issuing a delivery challan which assured the complainant that they would deliver all the
relevant and necessary documents needed for registration and other purposes as soon as possible. After that the complainant used to repay the installment loan amount to the SFTC but
the O.P. did not return the documents including that of insurance papers. The complainant visited the registered O.P. office severally but all was in vain.
DECISION WITH REASON
To prove his case the complainant has submitted his evidence where he stated all this fact as per the complaint petition and prays as per prayer of his petition.
On the hearing of 3.1.2018 the O.P. appeared through their Advocate but did not file written version by affidavit. Even no further step was taken by them. In these circumstances the matter is being declared as ex-parte case. Perused the petition of complaint and evidence adduced by the complainant along with documents, the complainant has been able to prove ex-parte that O.P. did not return the documents including insurance paper to the complainant Hence, it is
ORDERED
that the case be and same is allowed ex-parte against the O.P. without any cost.
The O.P. is directed to return all the necessary documents of the vehicle to the complainant for the purposes of registration and insurance.
The O.P. is also directed to pay compensation of Rs.10, 000/- for mental pain, agony and harassment to the complainant.
The O.P. is further directed to pay Rs.1000/- as litigation cost to the complainant.
The above all directions be complied within 45 days from this date of order, failing which 10% interest will be carried on total awarded amount.
The complainant is at liberty to execute this order in accordance with law.
Let the copies of this order be supplied to the parties free of cost.
Jayanti Maitra (Ray)
Dictated and corrected by me. President
D.C.D.R.F., Burdwan
(Dr. Tapan Kr. Tripathy)
Member
D.C.D.R.F., Burdwan
(Nivedita Ghosh) (Dr. Tapan Kr. Tripathy)
Member Member
D.C.D.R.F., Burdwan D.C.D.R.F., Burdwan
