Karnataka

Belgaum

CC/192/2016

Bahubali D Kittur - Complainant(s)

Versus

Kaizen Wheels - Opp.Party(s)

B V Gangadharmath

12 Apr 2017

ORDER

IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.

 

Dated this 12^th day of April 2017

 

Complaint No.192/2016

 

Present:            1) Shri. B.V.Gudli,                     President.

                        2) Smt. Sunita                           Member

-***-

 

Complainant/s: Sri. Bahubali S/o.Devendrappa Kittur,

                             Age:45 years, Occ: Business,

                             R/o: H No.182, Basava Nagar,

Belagavi.

                            

(By Sri. B.V.Gangadharmath, Advocate).

 

V/s.

Opponent/s:      Kaizen Wheels,

Gate No.473/K, Plot No.3,

Sangli Road, Ichalakaranji.

 

(O.P is placed ex-parte,)

 

 (Order dictated by Sri.B.V.Gudli, President)

 

 

ORDER

          The complainant has filed the complaint u/s.12 of the C.P. Act against the O.P. alleging deficiency in service in not providing vehicle documents for the purpose of it’s registration.

          2) In-spite service of notice, O.P. has remained absent. Hence placed ex-parte.

          3) In support of the claim made in the complaint, the complainant has filed his affidavit and produced some documents.

4)      We have heard the argument of the complainant and perused the records.

          5) Now the point for our consideration is that whether the complainant has proved deficiency in service on the part of the O.P. and entitled to the reliefs sought?

          6) Our finding on the point is partly in affirmative for the following reasons.

REASONS

          7) On perusal contents of the complaint and affidavit filed by the complainant, the complainant has purchased Activa motorcycle under the OP’s dealership bearing its frame No.ME4JF502MET645769 & Engine No.JF50ET1647536 on 30.12.2014 by paying Rs.51,013/- including registration, tax & insurance. On the same day the OP gave invoice bearing No.14IN08324 along with letter dt.30.12.2014 to the complainant. After receiving the entire amount the OP assured the complainant that, documents for the registration would be sent to the complainant within a few days. But the OP did not sent the documents i.e. registration tax, insurance charges & other required documents for registration. Thereafter the complainant repeatedly requested the OP on many occasions but OP did not considered the request of complainant, instead OP avoided the complainant and never bothered about sending documents for registration. After waiting for nearly 6 months, being fed up with the OP’s attitude the complainant sent legal notice dt.20.06.2015 to OP, calling upon to submit the documents. For that also the OP did not replied and not sent the documents. Till today complainant’s vehicle is not registered and it is kept in godown due to deficiency of service on the part of OP. Hence complainant constrained to file this complaint against opponent society.

8)      To prove the case of the complainant, the complainant has produced retail invoice of OP, Election ID  & legal notice copy. The retail invoice of OP shows that the complainant had purchased the alleged 2 wheeler Activa by paying Rs.51,031/- including registration, road tax and insurance charges.

9) Inspite of issuance of notice from the forum the OP did not appeared and contested the matter. Hence OP is placed exparte. Therefore the averments of the complaint and affidavit are remained unchallenged. Hence the contention of the complainant that the OP has not sent the alleged documents to the complainant, has to be believed and acceptable.

          10) Taking into consideration of the facts, evidence on record and the discussion made here before deficiency in service on the part of the O.P has been proved.

          11)    Accordingly the following

ORDER

          The complaint is partly allowed.

          The O.P is hereby directed to handover the documents pertaining to Activa (SCV110E) frame No.ME4JF502MET645769 & Engine No.JF50ET1647536, to the complainant for registration.

          Further the O.P is hereby directed and liable to pay a sum of Rs.3,000/- to the complainant towards loss and mental agony and Rs.2,000/- towards costs of the proceedings.

          Order shall be complied within 30 days from the date of the order.

 (Order dictated, corrected and then pronounced in the open Forum on: 12^th day of April 2017)

 

 

 

MSR