IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.

                                                 CASE No.  CC/107/2019

 Date of Filing:                           Date of Admission:                            Date of Disposal:

   02.08.2019                                            09.08.2019                                      21.03.2023   

Complainant:  M/S U.K. Enterprise, Prop. Uttam Kr. Mondal,

                                S/O Late Deben Mondal residing of Vill. Chandipur,

P.O.- Srimantapur, P.S- Farakka,

 Dist- Murshidabad,  Pin-742212

                                                                -Vs-

Opposite Party1.The Manager, S.N. Motors Pvt. Ltd.,

                        Of Vill- Mankara, P.O.- Balarampur,

                        N.H. 34, P.S.- Berhampore,

                        Dist-Murshidabad

                        Pin-742165.

                         2. The Manager, S.N. Motors Pvt. Ltd.

                        N.H. 34 Narayanpur,

                        (Opp. Jubilee Petrol Pump.) P.O. Dhumadighi Narayanpur,

                        P.S. + Dist- Malda, Pin-732141

Agent/Advocate for the Complainants                       :           Sambarta Mukherjee

Agent/Advocate for the Opposite Parties                  :            None

           Present:   Sri Ajay Kumar Das…………………………..........President.    

                          Smt. Aloka Bandyopadhyay……………………..Member.

                           Sri. Nityananda Roy…………………………………….Member.

FINAL ORDER 

SMT. ALOKA BANDYOPADHYAY,  member.

   This is a complaint under section 12 of the CP Act, 1986.

One M/S U.K. Enterprise, Prop. Uttam Kr. Mondal. (here in after referred to as the Complainant) filed the case against The Manager, S.N. Motors Pvt. Ltd & Anr. (here in after referred to as the O.P.s) praying for compensation alleging deficiency in service.

 The sum and substance of the complaint case is as follows:-

 The Complainant purchased a Bolero Power + SLE BS4(CAR) from the O.P.s on 16^th September, 2017 at a consideration of Rs. 7,02,255/-. At the time of purchasing the said vehicle the O.P.s assured to the Complainant that the relevant documents which are required for registration will be supplied within few days but the O.P.s failed to do so till 22.03.2019. So finding no other alternative the complainant filed the instant case before the District Commission for appropriate relief.   

Defence Case

After due service of the notices O.P.s did not appear to controvert the plea of the Complainant. So, the case proceeded ex-parte against the O.P.s.

Points for decision

1. Is the Complainant consumer under the provision of the CP Act, 1986?

2. Have the OPs any deficiency in service, as alleged?

3. Is the Complainant entitled to get any relief, as prayed for?

Decision with Reasons:

Point no.1

 We peruse the complaint. The averments made in the complaint indicate that the Complainant is a consumer under the Consumer Protection Act, 1986 as well as Consumer Protection Act, 2019.

Point Nos. 2 & 3

Both these points are taken up together for the sake of convenience and brevity of discussion.

It is the case of the Complainants that he purchased a Bolero Power + SLE BS4(CAR) from the O.P.s on 16^th September, 2017 at a consideration of Rs. 7,02,255/-. At the time of purchasing the said vehicle the O.P.s assured to the Complainant that the relevant documents which are required for registration of the said vehicle will be supplied within few days. But the O.P.s failed to do so till 22.03.2019.

After service of the notice the O.P.s did not appear to controvert the plea of the Complainant for the reason best known to them. So, the case proceed ex-parte against the O.P.s vide Order No. 5 dated 17.12.2019.

The point to be noted is that the Complainant filed the evidence on affidavit in support of his contentions made in the complaint and as the O.P.s did not appear, there is little scope to disbelieve the Complainant’s case.

It appears from the case record that the Complainant is not taking steps in spite of giving several opportunities. So, it is decided vide Order No. 20 dated 24.02.2020 that the instant case should be disposed of on merit.

Considering the facts and circumstances of the case and the documents filed before us we are of the view that not supplying of relevant documents which are required for registration of the said vehicle to the Complainant, falls under the deficiency of service on the part of the O.P.s. So, the Complainant should get relief.     

Reasons for delay

The Case was filed on 02.08.2019 and admitted on 09.08.2019. This Commission 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 is allowed.        

 Fees paid are correct. Hence, it is                                                            

      Ordered

that the complaint Case No. CC/107/2019 be and the same is allowed ex-parte against the O.P.s but under the circumstances without any order as to costs.

The O.P.s are directed to supply the relevant documents required for the registration of Bolero Power + SLE BS4(CAR) purchased by the Complainant within 30 days from the date of this order.

The Final Order will also be available in the following Website:

    confonet.nic.in

Dictated & corrected by me.

    Member

               Member                                             Member                                                         President.