Smt. Truptilata Rout. filed a consumer case on 18 Aug 2021 against Manager In-Charge,SDCV Auto Pvt. Ltd. in the Jajapur Consumer Court. The case no is CC/116/2019 and the judgment uploaded on 01 Sep 2021.
IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.
Present: 1.Shri Pitabas Mohanty, I/C President
2. Miss Smita Ray, Member,
Dated the 18th day of August,2021.
C.C.Case No. 116 of 2019
Smt Truptilata Rout , W/O Lokanath Rout
At. Sahaspur , PO. Erbanka ,P.S.Jajpur Sadar
Dist.Jajpur. ……………. .Complainant .
(Versus)
1.Manager In charge- SDVC Auto Pvt.Ltd, Plot No.430,N.H.16.Near Jagannath Filing
Station Rathia,P.O. Haridaspur,P.S.Dharmasala, Dist.Jajpur.
2. Branch Manager,Indusland Bank Ltd, Chandikhole Branch,
At/P.O.Chandikhole ( Sunguda) P.S.Badachana, Dt. Jajpur.
3. Regional Manager, PIAGGIO Vehicle Pvt. Ltd, 1st floor,Bhagaban Towers
Cuttack ,Puri Road , Bhubaneswar.
4.Regional Trasport Authority,Jajpur ,At.Sundarpur,P.O. Kamagarh,
Via.Dist.Jajpur.
………………..Opp.Party.
For the Complainant: Sri P.K.Daspattnaik, Advocate
For the Opp.Party : 4 A.G.P.
For the Opp.parties No.1, and 3 None.
For the Opp.parties No.2 Sri B.B.Sahoo,Advocate.
Date of order: 18. 08. 2021.
SHRI PITABAS MOHANTY, PRESIDING MEMBER .
The petitioner has filed the present dispute alleging deficiency in service against the O.Ps.
The brief facts as stated by the complainant in the complaint petition shortly are that the petitioner is a literate and non- pardanasin lady and intend to purchase an auto rickshaw to earn her lively hood . on 30.09.16 the petitioner herself along with her husband had gone to the Piaggio Auto show room of op.1 and brought the price quotation of Piaggio APE Xtra Ld Auto rickshaw and deposited an amount of 40,000/- as advance to purchase the said vehicle . After availing financial assistance the petitioner purchased the said vehicle from O.P.1 . After delivery of the above vehicle the O.P.no.1 on 23.12.16 assured the petitioner that the registration papers of the above vehicle will be sent to her through regd. post within one month. But after lapse of one month as the petitioner could not get the registration paper, then the petitioner along with her husband visited to the show room of O.p.no.1 and informed that the vehicle is still standing in front of her house due to want of . But the show room in charge replied her that there is always delaying procedure in the office of O.P.no.4 and she will receive the paper very soon . After expiry of one month the recovery agent of O.Pno.2 came to the house of the petitioner for collection of EMI . The petitioner expressed her inability for ideal condition of the vehicle as there are no registration papers of the vehicle but the recovery agent of O.P.no.2 shows his inability to help her , however he had categorically put forth his demand for payment of loan of the vehicle. However the petitioner from other source arranges the money and paid the loan to the O.P Bank.
That finding no other alternative way the petitioner on 25.07.2017 sent a lawyer’s notice to the O.P no.1 and 2 and the O.Ps have received the letter but did not solve the problem of the petitioner. Accordingly finding no other alternative the petitioner knocked the door of this commission with the prayer to direct the O.P to compensate a sum of Rs.6,00,000/- for financial loss , damages of vehicle , physical and mental agony.
After notices the O.Pno.1 and 3 have not appeared and not filed written version as per time fixed by this commission . O.P.no.2 though appeared but did not file written version . Accordingly this commission lost every opportunity for hearing in absence of O.P.s .Hence the O.P.no.1,2 and 3 having been set exparte vide order dt 23.3.21. O.P.4 has appeared through their learned A.G.P and filed the written version taking the following stands:
1.That the consumer complaint as laid is not maintainable as per law. That the O.P.no.4 is not liable to pay any damages/ compensation and he is no way connected with the case and there is no deficiency in providing service . That as per law the o.p4 is registering authority of the new vehicle sold by a dealer within its territorial jurisdiction.
That as per M.V Act, Section -39 , registration of new vehicle is mandatory . The dealer after selling a new vehicle will submit Form No.20,21 & 22 before the concerned R.T.O,s for registration of the new vehicle along with a payment receipt of Road Tax, Registration fees etc within a month of sale. After submission of the above papers/ documents this O.P registered the new vehicle sold in the name of the purchaser . That there is no record available in the office of this O.P , regarding the registration of the vehicles piaggio APE Xtra Ld. Auto Rickshaw, Model -116APEXTRALD, bearing chasis No. MBXOOOZBUF307761 ,Enginer No.S6F8576893. The aforesaid auto rickshaw is not registered by this O.P.
Under the above mentioned circumstances the C.C.case is liabel to be dismissed with heavy cost against this O.P … as this O.P has been unnecessarily dragged to the litigation without any fault & as there is no iota of evidence in the complainant against this O.P.
On the date of hearing we heard the argument from the learned advocate for the petitioner and .O.P.no.2 and O.P.no.4 .During the time of hearing the adv for O.P.No.2 stated that their duty only to finance the vehicle .There is no role of O.p.no. 2 relating to registration of the alleged vehicle .
After perusal of the entire record and documents it is undisputed fact the petitioner purchased the above vehicle from O.p.no.1 with the financial assistance of O.P.no.2 . The O.P.no.1 neither appeared nor filed the written version /objection against the complaint petition .Accordingly this commission lost every opportunity to heard from the side of O.P.no.1 and 3 .Hence there is no other opportunity remain before this commission without accepting the uncontroverted statement mentioned in the complaint petition as per observation of Hon’ble of National commission stated below :
1.2013(1) –CPR-507-N.C
Wherein it is held that :-
“The written version is not filed after several opportunity , It is presumed that there is no defence on merit .
2003( CLT) –vol-96—315 ( C.D case no 37/02)
“In absence of written version the commission is bound to accept the uncontroverted statement of the complaint petition . “
Hence this order
The dispute is allowed against the O.P.1 and 3 as expirty and dismissed against O.P.no.2 and 4 . The op.1 and 3 are directed to pay compensation amount a sum of Rs.50,000 /- within one month after receipt of this order, failing which the petitioner can take steps as per law.
This order is pronounced in the open Forum on this the18 day of August, 2018 under my hand and seal of the Forum.
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