West Bengal

Bankura

CC/44/2019

Khelafat Khan - Complainant(s)

Versus

Kritika Automobile, Authorised Dealer of TVS Motor Company Limited - Opp.Party(s)

Jayanta Kumar Mukharjee

08 Aug 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 44/2019

Date of Filing: 27/08/2019

Before:                                                               

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

For the Complainant:  Ld. Advocate Jayanta Kr. Mukhopadhyay

For the O.P. : Ld. Advocate Gobinda N. Ghosal

Complainant  

Khelafat Khan, S/O Late Someman Khan, Resident of vill. Angaria, P.O. Baital, P.S. – Joypur, District Bankura, Pin - 722138.

Opposite Party

1. Kritika Automobile, Authorised Dealer of TVS Motor Company Limited, Bankadaha, P.S. Bishnupur, District Bankura, Pin - 722164.

2. TVS Motor Company, (Registered Office) Jaylakshmi Estates V Floor, No. 29 (Old No. 8) Haddows Road, Chennai – 600006.

 

FINAL ORDER / JUDGEMENT 

Order No.30

Dated:08-08-2023

Complainant files hazira through advocate.

No step is taken by the O.P.

The case is fixed for W.V. I/D Ex-parte hearing.

Statutory period for W.V. has already expired and so the case is taken up for disposal.

The Complainant’s case  is that he purchased a TVS Two Wheeler from O.P. No.1 after  down payment of Rs.55,000/- under money receipt dated: 27/10/2018 who arranged for delivery of the said TVS by way of issuing Road Challan on the same date i.e. 27/10/2018 . The O.P.1 assured him of issuing other necessary requisite documents in time but the O.P.1 has failed to comply with the same. The Complainant has therefore approached this Commission for appropriate relief.

O.P.1 / Dealer did not make his appearance but O.P.2 / TVS Motor Company made their appearance but did not contest the case by filing W.V.

-: Decision with reasons: -

Having regard to the facts of the case, contention, submission and documents on record the Commission finds that the Complainant purchased the TVS Two Wheeler from O.P.1 under money receipt dated: 27/10/2018 and Road Challan of the same date but he has not yet received the Registration Certificate, Insurance Policy and Tax Token to ply the Two Wheeler on the road though Road Challan shows that all those charges have been paid by the Complainant.

It is the duty of the product seller to ensue the buyer instant use and service of the product but the O.P.1 has deliberately failed to provide Registration Certificate, Insurance Policy and Tax Token of the said TVS Two Wheeler of the Complainant immediately after delivery of the same to the Complainant thereby committing deficiency in service.

                                                                                                                                                                                         Contd……p/2

                                                                                                          Page: 2

The Complainant is entitled to get the relief as prayed for.

The O.P.2 being the Manufacturing Company has no role and liability in this case.

However O.P. 2 may be directed to instruct O.P.1 to discharge his part of duty in co-operating the Complainant to get the Registration Certificate, Insurance Policy and Tax Token of the said TVS Two Wheeler within a shortest possible time.

The case accordingly succeeds.

 

Hence it is ordered……..

That the case be and the same is allowed in part Ex-parte against the O.P.s

O.P.s are directed to co-operate the Complainant to get the necessary documents as above to ply on the road  his purchased Two Wheeler within two months from this date I/D both the O.P.s are liable to pay compensation to the Complainant to the tune of Rs.20,000/- jointly and severally.

Both parties be supplied copy of this Judgement free of cost.

 

 ____________________                _________________           _________________

HON’BLE   PRESIDENT          HON’BLE MEMBER         HON’BLE MEMBER