Orissa

Sambalpur

cc/84/2017

Jiban Krushna Khatei - Complainant(s)

Versus

Manager Jas Motor - Opp.Party(s)

02 Aug 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer.Case No.- 84/2017

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

Jiban Krushna Khatei,

S/O- Bhramar Khatei

At-Motijharan, Po-V.S.S. Nagar, PS-Dhanupali,

Dist-Sambalpur-768001, Odisha.                                            …..Complainant

Vrs.

Manager, Jas Motors

N.H.6, Ainthapali Private Bus stand,

Sambalpur, Odisha-768004                                           ….Opp. Parties

Counsels:-

1. For the Complainant       :-         None
2. For the O.P.                      :-         Sri B.Singh, Advocate & Associates.

 

DATE OF HEARING :04.07.2022, DATE OF JUDGEMENT : 02.08.2022

Presented by Sri Sadananda Tripathy, Member.

1. The case of the Complainant is that the Complainant has purchased a Honda Activa 4G scoter from the OP on dtd. 29.09.2017. The Complainant had paid Rs. 5199/- to the O.P towards different charges relating to the vehicle in question to be deposited in the office of the R.T.O, Sambalpur. But the O.P deposited only Rs. 2636/- in the office of the R.T.O, Sambalpur and the rest amount is not deposited in the office of the R.T.O, Sambalpur. The rest amount of Rs. 2563/- is misappropriated by the O.P.  In the R.C book, it is written that the expenditure of the vehicle is Rs. 2636/-which is unfair and illegal practice of the O.P. Further in his advertisement the O.P declared that all purchasers are given 10gm silver coin and a lucky draw in every week in which a gold coin of 10 gm will be awarded but the O.P gave me only 10 gm silver coin only.  They did not give any gold coin to any purchasers. For that the Complainant claims Rs. 50.000/- compensation towards harrasment, mental agony and financial loss.
2. In his version the O.P admitted that the Complainant has purchased a Honda Activa 4G scoter from the OP on dtd. 29.09.2017. The Complainant had paid Rs. 5199/- to the O.P towards different charges relating to the vehicle in question to be deposited in the office of the R.T.O, Sambalpur. But the O.P denied that the O.P misappropriated the balance maoney after depositing Rs. 2636/- in the office of the RTO, Sambalpur. The details of the deposits in the office of the R.T.O, Sambalpur relating to the vehicle as:- The Complainant paid Rs. 5199.00.

Rs. 2636.00 (deposited towards 5% of original price of vehicle i.e. Rs. 52,724/- (as road tax)+ Registration Fee Rs. 333/- + Road Tax Rs. 2636/- + Postal delivery charges Rs. 35/- + Hypothecation fee Rs. 500/- total Rs. 3504/-)

+ Rs. 220/- for Smart card fees, + Rs. 775/- remuneration of agent employed to deal in RTO’s office; Total Rs. 995/-.

Further Rs. 200/- paid to RTO, Sambalpur towards Tax U/S. 5 OMVT Act + Rs. 500/- paid towards U/R. 81 of CMV Rules. Total Rs. 700/- .

                             Rs. 3504.00+

                             Rs.  995.00+

                             Rs. 700.00

                             …………………

                             Rs. 5199.00

In view of the aforesaid deposits the O.P denied the question of misappropriation and others allegation made by the Complainant against the O.P.

3. From the above it is found that the allegation made by the Complainant against the O.P is not correct.and the Complainant has failed to proof the allegation mentioned in his complaint petition. So it is ordered that the case is dissmissed on contest.

                     Order pronounced in the open Court today on 2^nd day of Aug, 2022.

                      Free copies of this order to the parties are supplied.