PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-170/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

Riya Banerjee, Aged about 26 years,

D/O-Ratan Kumar Banerjee,

R/O-A.N.Guha Lane, Near Meher Chamber, PS-Town,

PO/Dist-Sambalpur, Odisha.

Mob-9692734590                                                          ….…......Complainant.

                                    -Vrs.-  

Mamraj SP Auto LLP,

Situated at Near Old Toll Gate, Old NH-6,

Bargarh-768028, Odisha.                                              .…………........Opp.Party

Counsels:-

1. For the Complainant         :- Self
2. For the O.P.                        :- Sri. S.B. Mishra, Adv. & Associates  

Date of Filing:10.10.2023,  Date of Hearing :12.02.2024  Date of Judgement : 15.04.2024

Presented by Sri Sadananda Tripathy, Member,

1. The case of the Complainant is that the Complainant had purchased a new vehicle Burgman Steet-UBNMM3 on dtd. 14.09.2023. At the time of purchase the Complainant had purchased the vehicle along with accessories for the said vehicle. But at the time of purchase the actual guard was not available in the show room of the OP and as such the OP had affixed another front guard of other model vehicle for which the Complainant objected and as such the authority of the OP had assured the Complainant that they shall change the front side guard when it is available in the shop and on a good faith the Complainant affixed other front guard of other model vehicle without any satisfaction. The said vehicle has been insured with ICICI Lombad and also registered the same in RTO Sambalpur. On 09.10.2023 when the Complainant approached to the OP for change of the front guard and affix the actual front guard in the vehicle of the Complainant, the authority of OP rowdily misbehaved to the Complainant and not changed the front guard of the vehicle. So she is on mentally depression on her misbehaving, attitude which cannot be compensated by monetary terms.
2. The OP denied the entire allegation in his version mention in the petition of the Complainant and further mentioned that rather the OP had returned the cost amount of the guard to the Complainant and the Complainant had replied through a written communication which was duly signed by her that all the complaints raised by her were attended and solved. She had also thanked the OP and shown her satisfaction with the OP. If the Complainant was really misbehaved and insulted by the OP despite being women then there were lots of avenues opened for her to lodge her grievance like she should have taken the assistance of the local police to redress her grievance but the Complainant did not choose that option. The complaint petition filed by the Complainant is false, frivolous, vexatious and lacking in material substance and therefore deserves to be dismissed in the interest of justice with cost.  
3. From the documents, record and evidences, it is found that a written communication which was duly signed by the Complainant that “Action Taken-Guard return and Refund the Guard Amount to the Customer. All the Complaints reported by me where attended and solved. To my entire satisfaction. I am also thankful for MAMRAJ SP AUTO LLP, BARGARH-768028”. However, the OP has failed to provide the guard to the Complainant in time at the time of sale the vehicles to the Complainant. The O,.P. should keep all the accessories while saling a vehicle So deficiency in service and Unfair Trade practice found on the part of the OPs. Accordingly it is ordered.

ORDER

The O.P is directed to pay Rs. 15,000/- towards harassment as compensation to the Complainant within 30 days from the date of order, failing which the amount will carry interest @ 9% per annum till realization.

Order pronounced in the open Court today on 15^th day of April, 2024.

Free copies of this order to the parties are supplied.