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Samir Bala filed a consumer case on 28 Nov 2024 against M.D., M/S Maruti Tractors in the Bankura Consumer Court. The case no is CC/8/2023 and the judgment uploaded on 29 Nov 2024.
IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BANKURA
Consumer Complaint No.08/2023
Date of Filing: 24/01/2023
Before:
1. Samiran Dutta Ld. President
2. Siddhartha Sankar Bhui Ld. Member
For the Complainant:Ld. Advocate Anirban Banerjee
For the O.P.: None
Complainant:
Sri Samir Bala, Son of Satish Bala, resident of village- Panchpara, P.O.- Ghoradanga, P.S.- Patrasayer, Dist.- Bankura,( W.B), pin- 722206
Opposite Party:
1.M.D., M/S Maruti Tractors, Regd. Office- 474, G.T. Road, Jora Mandir, Purba Burdwan, P.O. & dist.- , Purba Burdwan (W.B.) Pin-713101
2. Branch Manager, M/S Maruti Tractors, Bishnupur branch, Bhagat Singh More, Bishnupur, P.O. & P.S.- Bishnupur, Dist.- Bankura (W.B.), pin-722101
3. . Branch Manager, L & T Financial Services Ltd., Bankura Branch, Durgapur by-pass Road, Lalbazar, Bankura, P.O. & P.S. & Dist.- Bankura (W.B.), Pin- 722101
Order No.22,
Dt.28-11-2024
Complainant files hazira through Advocate.
The case is fixed for Ex-parte hearing.
No step is taken by the O.P.s who are found absent on repeated call.
The Complainant’s case is that he purchased one tractor Swaraj-PTL 855 FE vide Engine No.475003/SZB01801, Chasis No.WZCB51918150476 from O.P.2 with the financial assistance of Rs.5,90,000/- from O.P.3 under Loan Agreement No.OKG002010F1801272139, dated: 22/06/2018 and got it delivered under Road Challan dated: 28/03/2018. No dues Certificate has been issued by O.P. No.3 on 31/10/2023 after filing of the present case but O.P. No.1 & 2 / M/s Maruti Tractors (Dealers) have not yet issued Registration Certificate, Insurance Policy Document and Tax Token in favour of the Complainant and as such he cannot use the Tractor for his livelihood.. The Complainant has therefore approached this Commission for appropriate relief.
Contd……p/2
Page: 2
Despite service of Notice by Speed Post none of the O.P.s turned up to contest the case.
Perused the petition of complaint and the documents on record including No Dues Certificate.
Heard Ld. Advocate for the Complainant.
Prima facie case of the Complainant is established.
It is the bounden duty of the Product Seller to furnish requisite papers i.e. Registration Certificate, Insurance Policy document and Tax Token at the time of delivery of the product but in this case O.P. NO.1 & 2 being the Product Seller have failed to do so which amounts to deficiency in service. The Complainant is therefore entitled to get the relief as prayed for.
Hence it is ordered……
That the case be and the same is allowed Ex-parte against all the O.P.s but without cost.
O.P. No.1 & 2 are directed to issue Registration Certificate, Policy Document, Tax Token etc. in favour of the Complainant within a month from this date in default necessary order will be passed.
If for any administrative ground it is not possible for O.P. NO.1 & 2 to comply with this order they are directed to contact with concerned manufacturing company to replace the Tractor in question by a new one to facilitate the issue of the aforesaid requisite papers from the concerned authority within the stipulated period and in that case the Complainant shall bear the additional cost if any for the same.
__________________ ________________
HON’BLE PRESIDENT HON’BLE MEMBER
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