IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC /44/2014
Date of Filing: 02.04.2014. Date of Final Order: 23. 06 .2015.
Complainant: Maula Box, W/O H Elahi Mondal, Vill. Mahadipara, P.S. Domkal,
Dist. Murshidabad. Pin 742303.
-Vs-
Opposite Party: Manager, M/S Sonal Bangla, John Deere (Show Room), N.H. 34, Bhakurimore,
P.O. Chaltia, P.S. Berhampore, Dist. Murshidabad. Pin code 742165.
Present: Sri Anupam Bhattacharyya ………………….President.
Sri Samaresh Kumar Mitra ……………………..Member.
FINAL ORDER
Sir Anupam Bhattacharyya,Presiding Member.
The instant complaint has been filed by the complainant u/s 12 of C.P. Act, 1986 praying for getting all the original documents including the Registration Certificate of the Tractor and compensation for Rs.4, 92,000/- for his loss incurred for not getting the original documents.
The complainant’s case, in brief, is that the complainant purchased one Tractor from the OP’s Show Room on 5.10.12 whose registration No. is 57B-4725. The OP has not handed over the registration certificate and other relevant documents in respect of that purchased tractor with the plea that they will not handover the same unless the price of the tractor is not paid in their show-room. For withholding those documents of the tractor the complaint is suffering financially. He cannot earn anything by using that tractor. Subsequently, the OP collusively delivered a Tractor whose model No. is 5055E/55HP. For collecting more money illegally the OP has withheld the documents of the tractor. Subsequently, taking loan he is paying the installments. But, the OP has not handed over the documents. Then, he has filed this complaint for getting the documents of the tractor and for compensation . Hence, the instant complaint.
The written version filed by the OP, in brief, is that the OP requested the complainant to come down to RTO office and to perform the formalities for getting the documents but he did not pay any heed to it. The OP never delivered alleged Tractor whose registration No is 57B- 4725 . The complainant has not paid the admitted dues to the OP. The complainant has not suffered any loss or damage. The complainant has filed this case for wrongful gain with ulterior motive and for that the complaint is liable to be dismissed. Hence, the instant written version.
Considering the pleadings of both parties, the following points are framed for disposal of the case.
- Whether the case is maintainable in its present form or not?
- Whether the complainant has any locus standi to file this case?
- Whether the complainant is entitled to get the relief as prayed for?
- To what other relief/reliefs the Forum may award in favour of the complainant?
Decision with reasons.
Point Nos. 1 to 4.
All these points are taken up together for the sake of convenience.
The complainant’s main case is that actual model of the tractor whose registration No. is 57B-4725was not delivered to the complaint where model No. 5055E/55 HP was delivered but no document in respect of any tractor was handed over to him.
On the other hand, the OP has categorically denied the delivery of any other model of tractor other than model No. 5055E/55HP.
From all the documents filed by the complainant in original including the Xerox copies of the same, it is clear that all the documents are relating to model No. 5055E/55HP of John Deere Tractor.
From the estimate issued by the OP/M/s Sonar Bangla , it appears that there is outstanding dues of Rs. 78,666/- against the complainant after last payment of Rs.1,20,000/-on 5.10.12.
The complainant’s case is praying for handing over the documents of the tractor whose registration No. is WB-57B-4725 along with compensation and cost for loss suffered by the OP to the complainant.
But, there is no scrap of papers filed by the complainant to show that OP delivered any tractor bearing registration No. WB-57-4725.
Rather , from the documents of Estimate issued by OP filed by the complainant in original along with Xerox copy it is clear that there is outstanding dues of Rs.78,666/- from the complainant after last payment of Rs.1,20,000/- on 5.10.12 it is also written on that document that will repay within three months
From the written version filed by the OP that OP requested the complainant to come to RTA office and to perform the required formalities to get the documents but he did not turn up and perform the required formalities.
Be that as it may, the complainant has purchased a tractor from the OP where almost major portion of the price of the tractor has already been paid but he has not get the document for which he cannot use the said tractor.
Also, there is no such document filed by the OP or even in their written version to the effect that after full payment of the Tractor the complainant will get the document.
Considering the above facts and circumstances we are of view that complainant is entitled to get the documents of the tractor delivered to him and the complainant will pay the dues as per terms.
For absence of cogent evidence as to actual loss suffered by the complainant we are of view that the complainant is entitled to get compensation of Rs.10, 000/-
On the basis of the above discussions as a whole, we find that all the points are disposed of in favour of the complainant in part and as such the complaint is allowed in part.
Hence,
Ordered
that the Consumer Complaint No. 44/2014 be and the same is hereby allowed in part on contest .
The complainant is entitled to get the documents of the concerned tractor delivered to him along with compensation of Rs.10, 000/- and the complainant to pay the dues to the OP as per terms.
The OP is directed to hand over the documents of the tractor bearing No. 5055E/55 H.P to the complainant within two months from this day failing which OP is to pay fine for delay @Rs.100/- per 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
District Consumer Disputes District Consumer Disputes District Consumer Disputes
Redressal Forum. Redressal Forum. Redressal Forum.
Murshidabad. Murshidabad. Murshidabad.
