IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/172/2017.
Date of Filing: Date of Admission: Date of Disposal:
12.10.17 18.10.17 16.07.19
Complainant: Sudipta Mandal
Vill- Shibnagar, PO- Gopinathpur,
PS- Beldanga,
Pin- 742134
-Vs-
Opposite Party:1. Manager, R.B.Motors
Islampur College Road,
PO & PS- Islampur,
Pin- 742304
2.Manager, AKD HONDA
Jalangi Road Kadbeltala,
Panchanantala, PO & PS- Berhampore,
Pin- 742101
3.MANAGER, HONDA REGD. OFFICE,
HONDA MOTORCYCLE AND SCOOTER INDIA PVT. LTD.
COMMERCIAL COMPLEX II,
SECTOR 49-50, GOLF COURSE EXTENSION ROAD,
GURGOAN, HARYANA 122018.
Agent/Advocate for the Complainant : In Person.
Agent/Advocate for the Opposite Party Nos. 1&2 : Sri. Saugata Biswas.
Present: Sri Asish Kumar Senapati………………….......President.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
This is a complaint under section 12 of the CP Act, 1986.
One Sudipta Mandal (here in after referred to as the Complainant) filed the case against Manager, R.B. Motors and 2 others (here in after referred to as the OPs) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows:-
The Complainant purchased one Motor Cycle on 02.11.16 from the OP No.1, a sub-dealer of the OP No.2 and paid the entire price of the Motor Cycle on 13.02.17. He deposited attested copy of Addhar Card, Voter Card and went to the OP No.2 for collection of documents of his Motor Cycle after twenty days as per advice of OP No.1. The OP No.1 informed him that the OP No.2 had not sent the documents even after lapse of one month. The Complainant did not get the documents of his Motor Cycle except road challan and money receipt. The Complainant could not use his vehicle till May, for want of valid documents and he received an SMS on 11.05.17 for fixing Number Plate of his motor cycle.
The OP No.2 delivered tax token, insurance manual and a token for fixing Number Plate. On going through the documents, the Complainant found that in the tax token a name of a lady was mentioned and in the insurance papers the spelling of his name is wrong. There was name of a lady. The Complainant deposited all the papers to the OP No.2 with a request to make correction of the documents but of no result. In June’2017, the Complainant went to the service centre and found that the vehicle was in the name of one Gopal Das. The Complainant requested for correction but they did not pay any heed. Ultimately, the Complainant lodged a complaint in the Consumer Affairs Department, Berhampore and a reconciliation was held on 04.08.17 and as per decision, the Complainant fixed Number Plate in his Motor Cycle on 10.08.17 being No. WB58AN5578. The OPs have deficiency in service. The Complainant has prayed for refund of cost of the vehicle i.e. Rs.73,788/- and compensation of Rs.20,000/-.
The Complainant also made the Manager, Honda Registered Office as OP No.3. The OP No. 1 and 2 put their appearance. OP No.1 and 2 contested the case by filing written version on 07.02.18, contending that the case is not maintainable. The OPs denied the fact that the Motor Cycle is in the name of one Gopal Das. It is the case of the OPs that the OP No.1 after selling the motor cycle sent the relevant documents to the RTA, Murshidabad for registration of the Motor Cycle. The OP No.2 after receiving the documents informed the Complainant and informed the OP No.2 that the spelling of his name is correct. The OP No.2 after going through the documents came to learn that the RTA, Murshidabad issued a paper in the name of Sudipa Mondal in the place of Sudipta Mondal and the mistake was done by the RTA, Murshidabad. The OP No.2 collected all the documents from the Complainant and sent the same to RTA, Murshidabad for correction and the RTA, Murshidabad corrected the documents in the last week of May’2017 and the OP No.2 informed the Complainant to collect the documents from the OP No.2 but the Complainant did not pay any heed to the request of the OP No.2 and did not collect the same. There is no deficiency on the part of the OPs. The OPs prayed for dismissal of the complaint with cost.
The OP No.3 did not contest the case in spite of service of the notice.
On the basis of the above versions following points are framed for proper adjudication of the case :
Points for decision
- Is the Complainant a consumer under the provision of the CP Act, 1986?
- Has this Forum jurisdiction to entertain the complaint?
- Is there any deficiency in service on the part of the OPs, as alleged?
- Is the Complainant entitled to get any relief, as prayed for?
Point no.1
The Complainant submits that the Complainant is a consumer as he hired services of the OPs for consideration.
The Ld. Advocate for the OP Nos. 1&2 submits that the Complainant is not a consumer.
On going through the complaint, written version and other materials on record and on a careful consideration over the submission of both sides, we find that the Complainant is a consumer in terms of section 2 (I )(d) (ii) of the C.P.Act, 1986.
On the basis of the above versions following points are framed for proper adjudication of the case :
Point No.2
The Complainant submits that the cause of action arose within the territorial jurisdiction of this Forum and the claimed amount is also within pecuniary limit of the District Forum.
The Ld. Advocates for the OP Nos. 1&2 submits that there is no cause of action against the OPs.
On a careful consideration over the materials on record, we find that the cause of action arose within the territorial jurisdiction of this Forum and this Forum has pecuniary jurisdiction to entertain the complaint. Both the points are thus disposed of.
Point Nos.3&4
The Complainant submits that he purchased his Motor Cycle from R.B. Motors (OP No.1) vide money receipt No.539 dated 13.02.17 on payment of Rs.73,788/- but it appears from the documents received from the OPs that the Govt. of West Bengal issued the receipts for payment dated 03.05.17 in respect of received payment from one Sudipa Mondal. It is further contended that he purchased Motor Cycle from the OP No.1 but it appears from the certificate of registration dated 01.12.17 in the name of one Sudipta Mondal where in the dealer’s name and address is K.N.R. Auto Mobile Pvt. Ltd, 2A, Chetla Station Road, Kolkata-700027. He argues that he never approached K.N.R. Auto Mobile Pvt. Ltd. for purchase of his vehicle and the OPs never stated any relationships between the OPs and K.N.R. Auto Mobile Pvt. Ltd. He argues that at the time of first servicing he came to know that his vehicle was in the name of one Gopal Das but no document had been delivered to him to show that the vehicle was in the name of Gopal Das. It is submitted that the title of the Complainant is MANDAL but it has been mentioned in the certificate of registration issued on 27.02.18 that the owner’s name is SUDIPTA MONDAL. He contends that the OPs have deficiency in service. He prays for refund of price of the vehicle amounting Rs.73,788/- and compensation of Rs.20,000/- for harassment and mental pain and agony.
In reply, the Ld. Advocate for the OP Nos. 1 and 2 submits that the mistake in the registration certificate and receipt was not due to deficiency of the OPs but it was due to inadvertence of the RTA, Murshidabad. He further argues that the Complainant has failed to establish that the Engine and Chasis Number of the vehicle were in the name of one Gopal Das. It is contended that the OPs tried their best to rectify the mistake and ultimately the RTA, Murshidabad rectifird the spelling of title of the Complainant in the registration certificate. It is contended that the OP Nos. 1 and 2 have no deficiency in service.
Perused the written complaint, written version, evidence of the Complainant and the documents filed by both sides.
Admittedly, the Complainant purchased a Motor Cycle from the OP No.1 on payment of Rs.73,788/- vide money receipt No.539 dated 13.02.17. It appears from the xerox copy of receipt that an amount of Rs.6,398/- was received form one Sudipa Mondal on 03.05.17 in lieu of the Complainant. It has been asserted by the Complainant that the spelling of the title of the Complainant is MANDAL but it appears from the road challan issued by the Op No.1 dated 02.11.16, the title of the Complainant was written as MONDAL and the Complainant put his signature in the road challan without raising any objection regarding spelling mistake in his title.
It is clear from the money receipt dated 13.02.17 that the Complainant purchased one Motor Cycle on 13.02.17. It appears from the registration certificates of the Motor Cycle being Engine No. JC73ET0050746, Chasis No. ME4JC731KGT028739 that total three certificate of registration were issued on 01.12.17, 27.02.18 and 06.08.18. The registration certificates dated 01.12.17 and 27.02.18 were in the name of SUDIPTA MONDAL but the last registration certificates issued on 06.08.18 is in the name of SUDIPTA MANDAL and dealer’s name and address is K.N.R. Auto Mobile Pvt. Ltd, 2A, Chetla Station Road, KolKata-700027.
There is no explanation on the part of the OP Nos. 1 and 2 why the name of the OP No.1 has not been mentioned as dealer in the certificate of registration specially when the vehicle was purchased from OP No. 1 on payment of Rs.73,788/- on 13.02.17. The Complainant has not stated why he did not rectify the spelling of his title in the road challan dated 02.11.16. Therefore, it is clear that the spelling of title of the Complainant in the registration certificate was due to inadvertence. The date of registration in the registration certificates is mentioned 08.05.17 and fees were paid on 03.05.2017. Therefore, it is clear that no application for registration is filed before 03.05.17. The Complainant purchased the vehicle on 13.02.17. The OP Nos. 1 and 2 have not given any explanation for delay in filing application/making payment of fees for registration of the vehicle in the name of the Complainant.
On a careful consideration, we think that the OP Nos. 1 and 2 have deficiency in service as they did not file application for registration of the vehicle /made payment of fees for more than two months after selling the vehicle and they have also illegal trade practice as the dealer’s name has mentioned in the registration certificate as K.N.R. Auto Mobile Pvt. Ltd. in spite of the fact that the Complainant purchased the vehicle from the OP No.1.
In our considered opinion the OP Nos. 1 and 2 may be directed to pay compensation of Rs.9,000/- to the Complainant for their deficiency in service and illegal trade practice.
The OP Nos. 1 and 2 may also be directed to pay Rs.1,000/- as litigation cost to the Complainant.
We think that the complainant is not entitled to get any relief against the O.P. No.3 as no relief is claimed.
Reasons for delay
The Case was filed on 12.10.17 admitted on 18.10.17 . This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.
In the result, the Consumer case succeeds.
Fees paid are correct. Hence, it is
Ordered
that the consumer Case No. CC/172/2017 be and the same is hereby allowed on contest against the OP Nos. 1&2 with cost of Rs. 1,000/- and dismissed ex-parte against the O.P. No.3 without cost.
The OP Nos. 1 and 2 be directed to pay compensation of Rs.9,000/-( Rs. Nine thousand only) to the Complainant for their deficiency in service and illegal trade practice by 60 days from the date of this order.
The OP Nos. 1 and 2 be also be directed to pay Rs.1,000/- as litigation cost to the Complainant by 60 days from the date of this order.
In default of compliance of the order by 60 days from the date of this order, the O.P. Nos 1&2 shall pay Rs. 100/- for each day’s delay and the amount shall be deposited in the Consumer Legal Aid Account.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
President
Member President.
