The Complainant has filed this complaint against the O.P’s and praying for following Order / Relief :-

1. Direction against the O.P’s  to make necessary arrangement by his official capacity to file or deposit due taxes or charges or process fees to the concerned authority for the registration purpose of the vehicle (TVS Motors Scooters or Scooty)  of the Complainant and to handover, provide or supply the Complainant, the necessary certificate of Registration Certificate to the Complainant as assured by him on deposited money to the O.P. by the Complainant.
2. Direction against the O.P. to pay Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand Only)for unfair trade practice and gross deficiency in service for taking no steps in regard to the assured promise or undertaking by the O.P. to in time take proper Registration process on deposited cost by the Complainant and to handover him the necessary Registration Certificate thereof.
3. Direction against the O.P. to pay an amount of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand Only) to the Complainant for causing mental pain, sufferings, agony, financial loss and harassment and frustrating the purpose of buying of the said vehicle as the playing of the said vehicle, on necessity or otherwise by the Complainant without proper registration process and obtaining of Registration Certificate got dumped by the said acts of the O.P.
4. Direction against the O.P. to pay to the Complainant Rs. 30,000/- (Rupees Thirty Thousand Only) towards costs of litigation and for any other relief or reliefs.

The case of the Complainant in brief is that, the Complainant is an inhabitant of Palashi Para, Bankim Pally, P.O. & P.S.- Palashi Para, District- Nadia, Pin- 741155 and for his job purpose he is now residing at Station Road behind Zila Parishad, P.O. & Dist- Jalpaiguri, P.S. Kotwali. Pin-735101 / the Complainant for his personal use went to the O.P. K.I. Automobiles for purchasing a TVS Motors Scooters or Scooty on 21.08.2019 / on 21.08.2019 he purchased the said two wheeler manufactured by TVS Motor Company by paying a sum of Rs. 81791/ (Rupees Eighty One Thousand Seven Hundred Ninety One Only) in cash and the proprietor Kartick Chandra Sarkar issued a money receipt for acknowledging the receipt amount vide no. 446 dt. 21.08.2019 in favour of the Complainant / the TVS Motors Scooters (Scooty) bears the Engine No AG7GK2312955, Chassis No. MD626AG72K2G13515. The further case is that the amount which had paid to the O.P. were inclusive of necessary costs or fees with regard to Road Tax, Registration Fees and insurances charges as the concerned vehicle IDV (Insured Declared Value) was of Rs. 58,200/- (Rupees Fifty Eight Thousand Two Hundred Only) / in respect of that TVS Motors Scooters or Scooty Insurance Policy being No. OG-20-2421-1826-00006377 of Bajaj Allianz General Insurance Company Limited (P. O.P.) was effective on & from 11.09.2019 to 10.09.2020 (1^st party basis) and 11.09.2019 to 10.09.2024 (3^rd Party basis) with Final Premium worth of Rs.4432/- (Rupees Four Thousand Four Hundred Thirty Two Only) / the O.P. only issued T R Number only “i.e. to Register temporarily) / the O.P. had assured by his Official Capacity to the Complainant for filing or depositing the necessary due taxes at the earliest for Registration of the vehicle in a hassle free manner / but the O.P. since 21.08.2019 had not taken any initiative or necessary action for registering the said TVS Motors Scooters or Scooty and standard license plate of the vehicle. The further case is that the O.P. had shifted his obligation to the Complainant for Registration of TVS Motors Scooters or Scooty and paid no heed on request of the Complainant which caused a great sufferings, hardship and mental pain to the Complainant as the purpose of buying the TVS Motors Scooters or Scooty got frustrated and the Complainant was not in a position or permitted to ply the said vehicle on road in his necessity of works . The further case is that the said two wheeler is still lying in the house of the Complainant and for the running of engine in good condition and the battery, related parts fitted in the vehicle the Complainant has to run the said vehicle round wise only in the big open premises of his residential house and he was not in a position to ply the vehicle on road for want of Registration Certificate as well as proper Number Plate which was the duty of the OP to provide the Complainant as the O.P. assured the Complainant to provide Registration Certificate as well as Number Plate of the vehicle but the O.P. did not comply the said assurance and that’s why the Complainant sent Advocate’s Notice to the O.P’s. through Speed Post with A/D on 16.06.2022 which was duly served on them but they did not paid any heed. It is also the case of the Complainant that the acts or omission, Commission of the O.P. suggests that the O.P. has indulged in fault of unfair trade practice and gross deficiency in service causing mental pain, sufferings, agony, financial loss, harassment and frustrating the purpose of buying of the said vehicle as the plying of the vehicle on necessity by the Complainant without proper registration process and obtaining Registration Certificate got dumped by the acts of the O.P. The further case is that, the cause of action arose firstly on 21.08.2019 when the Complainant purchased the Scooty at the price of Rs. 81,790/- (Rupees Eighty One Thousand Seven Hundred Ninety Only) which was received by the O.P. Vice receipt no. 446 dt. 21.08.2019, cause of action arose secondly on 11.09.2019 to 10.09.2020 when the P. O.P. issued Policy Certificate being No. 0G-20-2421-1826-00006377, cause of action thirdly arose on 11.09.2019 to 10.09.2024 when the third party basis Policy Coverage was issued by the P.O.P. under Policy Number  0G-20-2421-1826-00006377, who issued the certificate after collecting premium of Rs. 4432/- (Rupees Four Thousand Four Hundred Thirty Two Only), cause of action fourthly on 16.06.2022 when the legal correspondence was sent to the O.P. and P.O.P. and cause of action fifthly arose on 22.06.2021 when the notices were delivered to the O.P. and P.O.P., cause of action sixthly arose on 21.06.2022, when the legal correspondence on the behalf of the Complainant was delivered to the P.O.P. and finally on 29.06.2021 when the stipulated time in the notice has elapsed.

In support of his claim the Complainant files the following  documents along with the Complaint :-

1. One Copy of Money Receipt dt. 21.08.2019 Vide No. 446 from O.P. to the Complainant.
2. One copy of Road Challan and Delivery receipt dt. 30.08.2019 from O.P. to the Complainant.
3. One Copy of Certificate of Insurance from POP to Complainant under Policy No. 0G-20-2421-1826-00006377 of under Customer I/D 160699604 collectively.
4. One photocopy of Legal Correspondence dt. 26.06.2022.
5. One Photocopy of Postal Receipt.
6. One Photocopy of P.O.D. to O.P.
7. One Photocopy of POD. to POP.

Notice was issued from this Commission for the O.P. as well as P.O.P. which were duly served.

On receipt of notice the O.P. did not turned up before this Commission to contest this case. Accordingly, this case is running ex-parte against the O.P.

On receipt of notice the Proforma O.P. appears before this Commission through Vokalatnama, filed Written Version against the claim of the Complainant. The Proforma O.P. in his W/V has specifically denied all the material allegation of the Complainant, has stated that no such cause of action arose as alleged by the Complainant. The Proforma O.P. has also stated that , the Complainant is not a consumer under the basic provisions of the Consumer Protection Act, 2019. The Proforma O.P. has also stated that no cause of action arose against the Proforma O.P. and they have wrongly been impleaded as P.O.P. to the proceeding and the case is liable to the dismissed with appropriate cost.

Having heard the Ld. Advocate of both the side and on perusal of the Complaint, Written Version as well as documents filed by the parties, the following points are to be decide by this Commission.

          Points for consideration                 

1. Whether the complainant is a consumer?
2. Whether the case is maintainable under the C.P. Act 2019?
3. Whether there is any deficiency in service on the part of the O.P. as alleged by the Complainant?
4. Is the Complainant entitled to get any award and relief as prayed for as per the prayer of his Complaint?

                   Decision with Reasons

All the points are taken up together for discussion to avoid unnecessary repetition and for sake of convenience and brevity of this case.

In order to prove the case the Complainant has filed Written Deposition in Chief in the form an Affidavit wherein the Complainant has categorically stated and corroborated the contents of the Complaint . In the Deposition the Complainant has stated that, he purchased one Scooty from the O.P. on payment of Rs. 81791/ (Rupees Eighty One Thousand Seven Hundred Ninety One Only). In support of it’s contention the Complainant has filed the money receipt which was issued by the O.P. . The Complainant has also produced the Road Challan and delivery receipt dt. 30.08.2019 as well as Insurance Certificate, Legal Correspondence dt. 26.06.2022. At the time of argument as well as in the Brief Notes of Argument Ld. Advocate on behalf of the Complainant argued that the Complainant has been able to prove the case against the O.P. and the Complainant is entitled to get the relief as prayed for.

At the time of argument Ld. Advocate of the P.O.P. submits that , in the Complaint there is no prayer for specific relief against the P.O.P. and the P.O.P. is not at all liable to pay any amount of money as claimed by the Complainant.

Having heard, the Ld. Advocate of both the side it is admitted fact that, the Complainant purchased a Scooty from the O.P. on payment of its price. The Complainant has claims himself as a consumer as per the provisions of the Consumer Protection Act 2019 and he praying for  relief as per the prayer of his Complaint .

On the other hand Ld Advocate of the POP has claimed that the Complainant was not a consumer as per the provisions of CP Act.

To arrived at a just decision of this case now let us consider whether the Complainant of this case is a Consumer or not.

As per the bare provisions of the Consumer Protection Act 2019 a Consumer means any person who

(i)   buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

(ii)   hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purpose;

            Definition of service as under :-

 service means of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news of other information, but does not include the rendering of any service free of charge or under a contract of personal service.

            From the basic provisions of the said Act as well as from the the documents filed by the Complainant it is clearly proves that the Complainant was a consumer under the OP.

It is also admitted fact that the O.P. issued money receipt to that effect and delivered the Scooty to the Complainant and the Complainant by making payment of money purchased Certificate of Insurance from the Proforma OP.

It is also fact that, the O.P. assured the Complainant that, they will supply the proper Registration Certificate for the Scooty as well as  proper number Plate to the Complainant and for which took the entire cost from the Complainant. But by filing this Complaint case before this Commission the Complainant has specifically stated that the O.P. did not provide the Certificate of Registration, Proper Number Plate of the vehicle including other documents to the Complainant.

From the evidence of the Complainant it reveals that he has categorically corroborated the complaint filed before this Commission. On oath he specifically stated that the vehicle was purchased from the OP and on receiving entire amount of money from the Complainant the OP issued money receipt in favour of the Complainant.

            From the entire record it is also admitted fact that, the Complainant issued Legal Notice to the O.P. which was duly received by the OP . In the said Legal Notice Ld Advocate of the Complainant requested the OP for arranging the Certificate of Registration , Number Plate for the Scooty within a specified period mentioned in the Notice . But the OP  on receipt of Legal Notice gave no reply which clearly presumes that the OP had nothing to say against the allegation of the Complainant . The OP also did not provide Certificate of Registration, Number Plate for the Scooty to the Complainant till today. Accordingly we are of the view that, the Complainant has been able to prove that, there was a clear deficiency in service of the O.P. who on receiving of entire amount of money from the Complainant took no initiative for procuring Certificate of Registration from the Competent Authority for the said Scooty. The Complainant has also been able to prove that the OP made no arrangement for collecting Number Plate of the Scooty in question.  

Considering the unchallenged evidence of the Complainant as well considering the documents annexed by the Complainant we are of the view that the Complainant has been able to prove its case against the OP .                                                                                                                                                                                                                                                                                                                          Hence it is therefore,                                                                                                      

                                              O R D E R E D

 The C.C. Case No.64 of 2022 filed by the Complainant is allowed on contest against the Proforma OP and Ex-parte against the O.P.

The OP is directed to make necessary arrangement by his official capacity to file or deposit due taxes or charges or process fees to the concerned authority for the registration purpose of the vehicle (TVS Motors Scooters or Scooty)  of the Complainant and to handover, provide or supply the Complainant, the necessary certificate of Registration Certificate to the Complainant as assured by him on receiving money from Complainant within One month from this day . The OP is also directed to pay Rs.1,00,000/- (Rupees one Lakhs for unfair trade practice and gross deficiency in service for taking no steps in regard to the assured promise or undertaking in time for getting  Registration process on deposited cost by the Complainant and to handover him the necessary Registration Certificate thereof.

The OP is also directed to pay an amount of Rs. 90,000/- (Rupees Ninety Thousand Only) to the Complainant for causing mental pain, sufferings, agony, financial loss and harassment and frustrating the purpose of buying of the said vehicle as the playing of the said vehicle, on necessity or otherwise by the Complainant without proper registration process by the unfair acts of the O.P.

The OP is also directed to pay Rs. 30,000/- (Rupees Thirty Thousand Only) to the Complainant towards costs of litigation.

The  O.P. is further directed to pay Rs. 10,000/- (Rupees Ten Thousand Only) to the Consumer Legal Aid Account.

O.P. is  directed to pay the awarded amount to the complainant as well as to the Consumer Legal Aid Account within 1 (one) month from this day , in default he will have to pay @ 9 % interest  p.a. from this date till making payment of the same.

Let a copy of this order be given to parties free of cost.