IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

MURSHIDABAD AT BERHAMPORE.

CASE No.  CC /127/2012.

 Date of Filing:   16.10.2012.                                                                                                                                     Date of Final Order: 05.05.2016.

Complainant:   Subir Kumar Chaki, S/O Late Sunil Kumar Chaki,Badurtala Lane, P.O. Jiaganj,

                        Dist. Murshidabad.

-Vs-

Opposite Party: Manager/Proprietor, A.K.D. Honda, Jalangi Road, Kadbeltala, Panchanantala,

                P.O.& P.S.   Berhampore, Dist. Murshidabad.

                       Present:  Sri Anupam Bhattacharyya   ………………….President.                                 

                                         Sri Samaresh Kumar Mitra ……………………..Member.           

                                                                        Smt. Pranati Ali ……….……………….……………. Member

FINAL ORDER

Smt. Pranati Ali, Presiding Member.

The instant complaint has been filed by the complainant u/S 12 of C.P. Act, 1986 for non-delivery of Registration Certificate of his newly purchased motorcycle Dream SDR (two wheeler) by the OP.

The complainant’s case , in brief, is that the complainant/Subir Kumar Chaki is a consumer of the OP/Manager/Proprietor , A.K.D. Honda as purchased Dream SDR , a two wheeler being No. MEUJC 583 GC 8019205. Though the complainant paid the charges of registration and insurance at the time of purchase of vehicle to the OP, but the OP failed to deliver the Registration certificate to the complainant in time. The complainant several times asked for the same to the OP and the OP keep mum. In the meantime, on 27.09.2012 Lalbagh Police Station seized the papers of Road Challan but yet the OP did not pay any heed to the matter. Then the complainant came to this Forum for proper redress.

On the other hand, the OP appeared in this case by filing written version, where he denied all the allegations raised by the complainant in his complaint. According to the OP, the complainant himself requested to arrange the registration and insurance by the OP and deposited the money. The OP stated that due to agitation problem in the RTO, registration process was delayed for a period, so the OP was unable to collect the certificate of registration and after collection he informed to the complainant to collect it from him. The OP had no deficiency in service. So he prayed for dismissal of the case.

                                                            Decision with reasons.

Both the parties submitted some documents in support of their side in this case.

Perused the records, we observed that it is admitted position that the complainant purchased two wheeler and paid the charges of registration money to the OP. It is also evident by the complainant that the police seized his papers of road challan due to non-availability of Registration certificate, which creates extra problem to the complaint. It is a mistake, by the complainant to run the vehicle on the road without registration certificate, but, it is true that the complainant purchased the vehicle to meet up his urgency. So, he was bound to run the vehicle on the road.

After scrutinizing the record our considered view is that though the OP stated that he is not responsible for delay, but he is liable for deficiency in service. It is true that the RTO took time to prepare it due to agitation, but the OP is directly related with the complainant to comply the duty of delivery the registration certificate, as because, receipt shows that the complainant paid the Registration fees and tax at the time of purchase of the said vehicle, so, the OP had a duty to inform the complainant regarding delay. .

On the basis of above discussions and documents in the record we have no other alternative but to conclude that the OP is responsible for nearly two months delay in preparing of the registration certificate to the complainant which should be compensate with a payment of Rs.500/- as compensation along with the registration certificate to the complainant.

Hence,

                                                           Ordered

that the Consumer Complaint No. 127/2012 be and the same is hereby allowed on contest without any order as to cost.

The OP is directed to give the Registration Certificate of the vehicle along with a sum of Rs.500/- as compensation to the complainant within one month from the date of this order, failing which the OP is to pay Rs.50/- as fine for each day’s delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.

Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post  to the concerned parties as per rules, for information and necessary action.

        Member                                           Member                                                             President