DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No.52/2021
Date of Filing: Date of Admission: Date of Disposal:
23.02.2021 26.02.2021 30.03.2023
Complainants:- | Subhasish Chatterjee, S/o. Sanat Kumar Chatterjee, 34, Santigoli, Nabanagar, P.O. Halisahar, P.s. Bizpur, North 24 Parganas, Pin-743136. = Vs |
Opposite Party/s:- | 1.Jai Mata Di Auto, 83, Kabi Guru Rabindra Path, P.O.Kanchapara, P.S. Bizpur, North 24 Parganas, Pin-743145. 2. Avijit Majumder, The Manager of Jai Mata Di Auto, 83, Kabi Guru Rabindra Path, P.O.Kanchapara, P.S. Bizpur, North 24 Parganas, Pin-743145. 3. The Manager, Regional Office of T.V.S, 9/2, Ground Floor, Doverlane, P.O. and P.S Goria Hat, Kolkata-29. |
P R E S E N T :- Smt. Monisha Shaw …………………. Member.
:- Sri. Abhijit Basu …………………. Member.
JUDGMENT/FINAL ORDER
The complainant of this case filed this case U/S. 35 read with Section 39 of the Consumer Protection Act.
The facts of the case is as follows:-
The complainant purchased two wheeler of MTORQCSBT Blue Colour Bike by cash of 79,500/- on 31.03.2019 from O.P. Nos. 1 and 2. O.P. No.1 is the proprietor and sub-dealer of two wheeler of TVS and O.P. NO.2 is the owner of the concern and O.P. No.3 is the manager of shop room of regional office. O.P. Nos. 1 and 2 issued GST money receipt and or bill being S.L. No. 260, 31.03.2019 vide GST No.19 AZAPS 3499 JIZN. But no bill and other documents as registration No. has not been issued. At the time of purchase the Bike O.P. No.2 assured that all the documents along with registration number will be provide to the complainant within 7days but they did not provide it. Thereafter the complainant sent notice through Advocate on 08.02.2021 but the O.Ps did not provide the said documents. Hence, complainant filed this case.
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C.C. No.52/2021
Reasoned for judgment
Considering the facts and circumstances of the case as well as nature and character of the case all the points are interlinked with each other as such all the points are taken up together.
Considering the complaints, document filed by the complainant and argument of the advocate of the complainant it is revealed that the case is maintainable and under the pecuniary and territorial jurisdiction of this commission and the complainant is entitled to get relief from this commission. The complainant is a consumer and O.Ps are service provider but they did not provide their service hence if a fit case for the benefit of the complainant. It is the duty of the opposite parties to provide all papers at the time of purchase of Bike but the O.Ps did not provide it which is deficiency of service on the part of the opposite parties.
All the points are considered.
Hence,
it is ordered
that the case being No. 52/2021 is heard exparte. O.P. is not appeared even after received the notices.
The O.Ps are directed to provide bill of purchase, registration number and other documents to the complainant. Alternatively the O.Ps are directed to refund the money of Rs. 79,500/- to the complainant with 6% interest from the date of receipt of money till recovery. Failing which the complainant has liberty to file the execution case as per law.
Let plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated & Corrected by me
Member
Member Member
