Orissa

Debagarh

CC/43/2018

Iswar Nayak, aged about 31 years, S/o-late Purna Chandra Nayak - Complainant(s)

Versus

Manoj Kumar Agrawalla, aged about 45 years, S/o-Shiv Sankar Agrawalla, Proprietor Sri Guru Motors - Opp.Party(s)

20 Nov 2019

ORDER

 

IN THE DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, DEOGARH

C.C NO- 43 /2018

Present;-      Sri Dipak Kumar Mahapatra, President, Smt. Jayanti Pradhan, Member(W) and Smt. Arati Das, Member.

 

Iswar Nayak, aged about  31 years,

S/O- Late Purna Chandra Nayak,

At-Reamal(Bramhansahi),

P.O/P.S-Reamal,Dist-Deogarh.                                                                  ...Complainant.

                                                                                   Vrs.

Manoj Kumar Agrawalla, aged about 45 years,

S/o- Shiv Sankar Agrawalla,

The Proprietor,

SRI GURU  Motors,

P.O/P.S-Reamal,Dist-Deogarh..                                                                 …..O.P

 

               Counsel for the parties :

               For the Complainant :                                      Sri P.K.Nanda, Advocate.

               For the Opposite Party :                                   Sri. R.K.Sahu, Advocate.

 

 

DATE OF HEARING :14.11.2019, DATE OF ORDER ; 20.11.2019

 

 SRI DIPAK KUMAR MAHAPATRA, PRESIDENT:- Brief facts of the case is that the Complainant has purchased a Hero Glamour Motorcycle from the O.P bearing Chassis No- MBLJAR023HGG5344 and Engine No- JA06ERHGG29142 on payment of Rs.57,251/-.The O.P has received Rs. 2,070/- from the Complainant towards Insurance Charges and Rs. 6,679/- towards registration fees and he assured to supply the Insurance and registration certificate within seven days of sale of this motorcycle. But the O.P has failed to deliver the above certificate even after several months. The Complainant is facing problems during R.TO/M.V.I/Police checking and paying penalty. The Complainant has visited the showroom of the O.P several times but he is neglected and ignored by the O.P every time and till filling of this case, the documents were not handed over by the O.P to the Complainant. Again he apprehends that he might be trapped further by the RTO or Police while driving without valid documents and penalized accordingly after implementation of new Motor Vehicles rules from September-2019.

POINTS OF DETERMINATION:-

1. Whether the Complainant comes under the purview of Consumer Protection Act.1986?
2. Whether the O.Ps has committed any Deficiency in Service to the Complainant?

From the above discussion and materials available on records we inferred that the Complainant is a Consumer as he has purchased a Hero Glamour Bike from the O.P. That the O.P has sold the Glamour Bike to the Complainant after receiving the full and final consideration amount and in addition he has received the charges towards Registration and Insurance. But the O.P has not provided the R.C. Book and Smart Card to the Complainant till the filling of this case, rather harassed him as the Complainant has several time visited the showroom of the O.P. So it can be clearly observed that the Opp. Party has intentionally delayed the Registration of the said Glamour Bike for which the Complainant has suffered a lot. The Complainant is using the Glamour Bike without any valid and genuine documents where there was every chance of theft or accident where exists risk by life of the Complainant. Recently the amendments to the Motor Vehicle Act were passed by the Parliament which has been come into effect from September 1, 2019 for which there is a heavy penalty for driving errors. In this situation it is a matter of high risk for a person to drive any vehicle without valid papers relating the vehicle along with driving license, helmet etc,  where there  is every chance of  being trapped and to bear  fines.  Again the Opp. Party has a fraudulent intention for which has not got the motorcycle registered in due time and misuse the money of the Complainant. The matter is well settled in the case of “Sanjay Agrawal vs. Authorized Officer & Others” decided by Chhattisgarh State Consumer Disputes Redressal Commission, Pandri,  Raipur (C.G). on 3^rd  May, 2014. Hence, the Opp. party has committed “Deficiency in Service” U/S-2(1)(g) and “Unfair Trade Practice” U/S-2 (1) (r)   of the Consumer Protection Act,1986. Hence we order as under:

ORDER.

The Complaint petition is allowed. The O.P is directed to deliver the Smart Card and R.C particulars of the said Hero Glamour to the Complainant within 7 days of receiving this order. Further the O.P  is directed to pay Rs.5,000/- (Rupees Five Thousand )only  as compensation, Rs.3,000/- (Rupees three thousand ) for mental agony of the petitioner and Rs.2,000/- (Rupees two thousand ) as litigation expenses to the petitioner  within 30 (Thirty ) days of receipt of this order failing which the O.P is liable to pay penal interest of 9% per annum on the above amounts.

Office is directed to supply the free copies of the order to the parties receiving acknowledgement of the delivery of thereof.

Order pronounced in the open court today i.e. 20^thday of November, 2019 under my hand and seal of this forum.

 

            I      agree,                              I     agree,

           

          MEMBER(W).                        MEMBER.                                          PRESIDENT.

Dictated and Corrected

           by me.

PRESIDENT.