West Bengal

Birbhum

CC/119/2022

Bharat Sau - Complainant(s)

Versus

Md. Jamaluddin - Opp.Party(s)

Subrata Mukhopadhyay

25 Aug 2023

ORDER

Smt. Saswati Saha- Member.

            The case has been filed by the complainant Under Section 35 of the Consumer Protection Act, 2019.

            The fact of this case in brief is that, the complainant is residing at Vill. Kendua Sonatore Para, Ward No 21, P.O. & P.S. Suri and Dist. Birbhum which is under the jurisdiction of this District Commission.

            That the OPs are Md. Jamal Auto Pvt. Ltd. Dumka Showroom, Jharkhand, proprietor Md. Jamaluddin & J.S. Auto Pvt. Ltd., C-7 Panki Site III, Kanpur (U.P.).

            That the complainant purchased an Auto Rickshow (Loader) from OP No. 1, Md. Jamal Auto Pvt. Ltd. Dumka Showroom, Jharkhand, proprietor was Md. Jamaluddin, by Bank Loan. He paid total bank loan amount to the said bank but complainant didn’t get registration number for his Auto Rickshow from OP No. 1.

            The complainant requested several times the OP No. 1 regarding this matter but OP No. 1 did not pay any heed to his request. Lastly on 05/08/2022 the complainant requested the OP No. 1 for the same matter but till now no registration number has been provided to the complainant.

            That finding no other alternative the complainant filed this instant case. Praying for following relief or reliefs.

 

 

 

1. To pass an order with a direction to the opposite parties to return Rs. 3,15,000/- which had paid to OP No. 1 as the price of Auto Rickshow.
2. To pay Rs. 20,000/- for his physical and mental harassment caused by the OPs and Rs. 20,000/- for compensation by the OP members.
3.  Any other relief/reliefs as the Commission think fit and proper.

That the cause of action for the case arose on and from 05/08/2022 and thereafter each and every date, till filing of the case.

            That the aforesaid act of the OP is amounting to malpractice in service.

In view of the above stated facts and circumstances following issues are framed.

Issues

1. Has the complainant any cause of action to file this case?
2. Is the complainant a consumer within the ambit of C.P Act 2019?
3. Is there any deficiency of service on the part of the OPs?
4. Is the complainant entitled to get the relief as prayed for?
5. To what other relief or reliefs is the complainant entitled to get?

Decision with reason.

All these issues are taken up together for convenience of discussions and to avoid unnecessary repetitions.

It is the claim of the complainant that he purchased an Auto Rickshow (Loader) Model-JSA 1360 D-IV, Engine No. S9B8964495, on payment of Rs. 3,15,000/- by Bank Loan and cash to the OP members. He paid the total Bank Loan amount to the said bank, also. But the complainant was not provided with the registration No. of the vehicle by the OP No. 1 though he requested to the OP members for the said matter, several times.

The complainant gives evidence in support of his case as P.W.1.

The case ran exparte against OP No. 1 and OP No. 2 by the order No. 06, dated 05/04/2023 of this Commission.

From the unchallenged evidence of P.W.1 it is proved that the complainant purchased the said Auto Rickshow from the OP members but was not provided with the registration No. for the vehicle by the OP members. OP members did not pay any heed to the complainant’s requests regarding the registration No. of the vehicle, that caused harassment and mental agony to the complainant.

This Commission did not find any reason to disbelieve the unchallenged testimony of the complainant.

 

 

 

Hence, the Commission is of view that the complainant could be able to prove his case beyond reasonable doubt exparte and is entitled to get the relief as prayed for.

            The case is properly stamped.

Hence, it is

                    O R D E R E D,

  that the instant C.C. Case No. 119/2022 be and same is allowed

exparte against the two OP Members.

            The OP members are directed to return to the complainant jointly or severally the total amount of Rs. 3,15,000/- (Rupees three lakhs fifteen thousand only) paid for the Auto Rickshow by the complainant along with interest @ 9% p.a. calculating on and from 27/12/2022 to till realization.

The OP members are directed to pay jointly or severally a sum of Rs. 10,000/- (Ten thousand only) as against harassment and mental agony to the complainant.

The OP members are also directed to pay jointly or severally a sum of Rs. 6,000/- (Six thousand only) to the Consumer Legal Aid Account, DCDRC, Birbhum, Account No. 34041754378, IFSC Code. SBIN0000191, State Bank of India, Suri Branch.

The entire decree will be complied by the OP members jointly or severally within 45(Forty five) days from the date of order, in default the complainant is at liberty to put this order to execution in accordance with law.

The instant case is thus disposed of.

Let a copy of this order be given/handed over to the parties to this case free of cost.