West Bengal

Birbhum

CC/102/2021

Sandip Gosh - Complainant(s)

Versus

Hero Moto Corp Ltd - Opp.Party(s)

CAB,Subrata Mukhapadhyay

16 May 2023

ORDER

Smt. Saswati Saha- Member.

 The complainant has filed this petition of complaint Under Section 35 of the Consumer Protection Act, 2019.

 The fact of this case in brief is that, the complainant Sandip Gosh , S/O. Lt. Jnankesh Gosh is a resident of Vill and P.o. Bhromorkole, P.S. Sainthia and Dist. Birbhum within the jurisdiction of this District Commission.

 The complainant purchased a new Motor Cycle (Model Hero Glamour) having Engine No. JA06EJGGK19086, Frame No. MGLJA06AMGGK19335, Key No. 1549 on 26/01/2017 by paying cash amount of Rs. 58,256/- from the OP No. 2/ Friends Auto Parts. Thereafter the complainant also paid Rs. 6,244/- for relevant papers to the OP No. 2/ Friends Auto Parts.

 The OP No. 1/ Hero Moto Corp Ltd. is the Motor Cycle and Motor parts manufacturing company, who used to sell their products to its customers and having office at aforementioned addresses within the jurisdiction of this Commission.

 

 The OP No. 2 also sells its products to the customers with the help of its agents including OP No.1.

 The OP No. 1 promised to give all required papers to the complainant within a month from the date of purchasing, but thereafter on each and every occasion the complainant visited to the office of the OP No. 2, repeatedly, but the OP No. 2 did not give any paper to the complainant rather the OP No. 2 started to harass the complainant, day by day.

 Thereafter complainant requested several times to the OP members but the OP members did not pay any heed to the requests of the complainant, and gave mental pain to the complainant.

 The OP members for unfair gain, ill motive and sequence money depriving its customers and misleading them and putting them in problems and the acts and deeds of the OP members are highly illegal and cannot be tenable in law.

 Finding no other alternative, the complainant became compelled to file this complaint for the proper relief as laid down in the plaint.

 The cause of action arose and from 26/01/2017 on which day the complainant purchased the said motor cycle and thereafter 28/12/2020 and each and every day when the complainant tried to settle the matter.

 Hence, the case is filed by the complainant with a prayer:

1) To pass an order directing the OP members to return back the amount to the tune of Rs. 64,500/- along with interest till realization of the same and/or direct the OP members to give the proper registration paper along with other papers with immediate effect.

2) To pass an order directing the OP members to pay Rs. 5,00,000/- (Five Lakhs) for physical and mental harassment caused by the OP members.

3) Any other relief/reliefs as the count think fit and proper.

It appears from the case record that the case has already been run exparte against both the OP members, vide order No. 09, dated 26/07/2022.

In view of the above stated facts and circumstances following issues are framed.

Issues

1) Is the case maintainable in the eye of law?

2) Has the complainant any cause of action to file this case?

3) Is the complainant a consumer within the ambit of C.P Act 2019?

4) Is there any deficiency of service on the part of the OP members?

5) Is the complainant entitled to get the relief as prayed for?

6) To what other relief or reliefs is the complainant entitled to get?

 

Decision with reason.

All these issues are taken up together for convenience of discussions and to avoid unnecessary repetitions.

It is the claim of the complainant that the purchased a new Motor Cycle (Model Hero Glamour) having Engine No. JA06EJGGKI9086, Frame No. MGLJA06AMGGK19335, Key No. 1549 on 26/01/2017 by paying cash amount of Rs. 58,256/- from the OP No. 1/Hero Moto Corp. Ltd.

Thereafter he also paid Rs. 6,244/- for required papers to the OP No. 1. So, he totally paid Rs. 64,500/-.

The OP No. 1 promised to give all the papers to the complainant within a month from the date of purchasing, but no paper regarding the vehicle was given to the complainant.

Thereafter on each and every occasion, the complainant visited to the office of the OP No. 2/Friends Auto Parts, but OP No. 2 did not pay any heed to the requests of complainant rather the OP No. 2 started harassing the complainant day by day, which caused mental agony to the complainant.

From the unchallenged evidence of P.W.1 it is proved that the complainant paid Rs. 64,500/- by purchasing the said Motor Cycle from the OP members, but he was not provided the required papers relating to that Motor Cycle from the OP members.

This Commission is not finding any reason to disbelieve the unchallenged testimony of the complainant.

Hence, in the view of this Commission the complainant could be able to prove his case beyond reasonable doubt and is entitled to get relief as prayed for.

 The case is properly stamped.

  Hence, it is,

   O R D E R E D,

     that the instant C.C. Case No. 102/2021 be and the same is allowed exparte against both the OP members with costs.

 The OP members are directed to provide the proper registration paper along with other required papers regarding the Motor Cycle, to the complainant within 45 days from this date of order.

The OP members are directed to pay jointly or severally a sum of Rs. 20,000/- (Twenty thousand only) as against the harassment and mental agony to the complainant.

 

It is directed, if the OP members would fail to comply the decree within the specified period the OP members will return the entire amount paid for purchasing the Motor Cycle with an interest @ 9% p.a. to the complainant by getting back that Motor Cycle from the complainant.

In default the complainant will also be at liberty to execute the decree as per law.

The instant case is disposed of.

Let a copy of this order be given/handed over to the parties to this case free of cost.