F I N A L   O R D E R

This is a case Under Section 12 of the Consumer Protection Act, 1986 for an order directing the O.P. No.1 to Register the vehicle-in-question bearing Temporary Registration Mark No. WB 74TF7717, Rs 1,00,000/- as compensation, Rs 20,000/- as litigation cost and other reliefs to the complainants.

The complainants’ case in short is that the complainant No.1 purchased a car bearing Temporary Registration Mark No. WB 74TF7717 by paid Rs 4,70,000/- on 05.02.2013 in the name of his minor daughter, complainant No.2, Mousumi Dey. At the time of delivery of the vehicle the complainant No.1 received the Temporary Registration Certificate through O.P. No.1 and the O.P. No.1 also assured the complainants at the time of purchasing the said vehicle that after one month he would give him the Permanent Registration Certificate after collecting the same from the concerned R. T. A. Thereafter, the complainant No.1 on several time visited with the O.P. No.1 but the O.P. No.1 failed to give the same in spite of taking all the necessary original documents from the complainant No.2 as required for issuing the Permanent Registration Certificate of the vehicle by the R. T. A. Thereafter the complainant No.1 sent a Legal Notice on 17.01.14 to the O.P. No.1 for collecting the permanent Registration Certificate but in vain. So, finding no other alternative to get reliefs from the O.P. No.1 the complainants have filed this case before this Forum.

On the other hand, in spite of service of notice upon the O.P. Nos. 1 & 2 they did not appear in this case. Accordingly the case was heard ex-parte against them.

To establish the complaint case, the complainants filed their statements on affidavits sworn by them as P.W.1 and 2 and filed another examination-in-chief on affidavit sworn by one witness as P.W.3 along with some documents.

DECISIONS WITH REASONS

Giving due consideration to the contents of the complaint petition, documentary evidence on record, hearing, argument advanced by the Ld. Lawyer for the complainants, the Ld. Forum has come to the findings as follows: -

It is needless to say the O.P. Nos. 1 and 2 against whom the relief complainants claimed have not appeared before this Forum though the notices of this case had duly been served upon the O.Ps. It is expected as a responsible sellers of the vehicle they would appear before this Forum after taking the notice and they would pay heed their clients’ grievance and would submit, if any, their own versions regarding the claim of the complainants.

However, we do find that the complainants have submitted a bunch of photocopies of the documents in support of their case. The documents include:- (i) one Advocate’s letter dated 17.01.2014 with postal receipt (ii) Tax Invoice dated 05.02.2013, (iii) Certificate of Temporary Registration dated 22.04.2013, (iv) SALE INVOICE dated 18.04.2013, (v) Sale Certificate dated 18.04.2013, (vi) Initial Certificate of Compliance with Pollution Standards, (vii) Insurance Policy of ICICI Lombard General Insurance Company Limited being No. 3001/MI-01084967/00/000, dated 18.04.2013, (viii) Experience Certificate dated 13.03.15 issued by Jitendra Nath Roy, Partner of M/s JDR Motors in favour of Ram Mahato.

The evidence adduced by the complainants is supporting the case. We find nothing to disbelieve the evidence adduced, as the same have not been challenged. It is essential to mention that the documentary evidence and the oral evidence as mentioned are corroborated by each other. Even, none appeared in this case in-spite of taking notices to challenge the case from the side of the O.Ps. So, in our opinion the complainants have been able to make out a prima facie case to get an order in their favour as per their prayer. Accordingly this case is succeeds.

Fees paid are correct.

Hence, it is

ORDERED,

That the complaint being No.CC-62/2014 is allowed ex-parte against the O.P. No.1 and 2 without cost,

the O.P. No.1 is directed to arrange for Permanent Registration of the vehicle-in-question being Temporary Registration Mark WB 74TF7717 from the concerned R. T. A. if permitted under the M. V. Act and give the same to the complainants; failing which refund the amount of Rs 4,70,000/- i.e. value of the vehicle including other charges, which was deposited by the complainant No.1 to the O.P. No.1 at the time of purchasing the said vehicle along with interest @ 9% p.a. from the date of deposit of the above money till the realization of full payment to the complainants and it also directed to the complainants to handover the vehicle –in-question to the O.P.No.1 which is lying in their possession immediate after receiving the said decreetal amount as mentioned above from the O.P.No.1 and it is further directed to the O.P.No.1 to pay Rs 10,000/- as compensation along-with litigation cost of Rs 2,000/- to the complainant No.1 ; all above mentioned awarded amounts should be paid by the O.P.No.1 within one month from passing of this Judgment failing which the complainants will be at liberty to realize their claim in accordance with law.

Let copies of this order be supplied to the parties free of cost.