West Bengal

Cooch Behar

CC/24/2018

Sri Uttam Karmakar, - Complainant(s)

Versus

Minakhee Auto Centre & Showroom, - Opp.Party(s)

Sri Bivas Sen Ishore

13 Mar 2019

ORDER

District Consumer Disputes Redressal Forum,
B. S. Road, Cooch Behar -736101.
Ph. No. 03582-230696, 222023
E-mail - confo-kb-wb at the rate of nic.in
Web - www.confonet.nic.in
 
Complaint Case No. CC/24/2018
( Date of Filing : 02 Apr 2018 )
 
1. Sri Uttam Karmakar,
S/o. Late Utpal Karmakar, Karmakar Para, Ward No.11, Tufanganj Municipality, P.O. Tufanganj Newtown, P.S. Tufanganj, Dist. Cooch Behar-736160.
...........Complainant(s)
Versus
1. Minakhee Auto Centre & Showroom,
Represented By - Sri Sukhamoy Dey, S/o. Sri Subodh Ranjan Dey, Thana Chowpathy, Ward No.7, Tufanganj Municipality, P.O. & P.S. Tufanganj, Dist. Cooch Behar-736160.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. KARNA PRASAD BURMAN PRESIDENT
 HON'BLE MRS. RUMKI SAMAJDAR MEMBER
 
For the Complainant:Sri Bivas Sen Ishore, Advocate
For the Opp. Party:
Dated : 13 Mar 2019
Final Order / Judgement

 

Smt. Rumki Samajdar, Member

This is a case U/S 12 of the C.P. Act, 1986 filed by the Complainant against the O.P.

The case of the Complainant is that the Complainant purchased a Suzuki Gixxer Blue (155 CC) Motor Bike having chassis No. MB8NG4BACF8146124, Engine No.BGA1-141290 on 11.06.2015 from the O.P at a cost of Rs.91,886/- including price of accessories under hypothecation of Canara Bank Tufanganj Branch.

The further case of the Complainant is that the Canara bank Tufanganj Branch paid the amount of Rs.91,886/- to the O.P, Sri Sukhamoy Dey @ Bano under DD No.898397 for the purchase of the Suzuki Gixxer Blue Motor Bike by the Complainant with request to supply the Motor Bike in good condition. The Bank also request the O.P to supply the proper money receipt or invoice, one set of key, copy of the Registration certificate (RC) and comprehensive insurance of the Motor Bike directly to the Bank for hypothecation condition.

The further case of the Complainant is that after the sale of the Bike the O.P. took signature of the Complainant on the RTO registration application but neither takes any initiative for the registration of the aforesaid Bike. The Complainant after waiting for a reasonable period, made repeated reminders to the O.P for its Registration.  And finding no other alternative lastly the aforesaid Bank issued a letter to the O.P under Ref No. TUF/603.66/2015/SKD dated 18.11.2015. But the O.P did not submit the certificate of Registration of the aforesaid Motor Bike to the Bank for which the Complainant could not drive the Motor Bike without the proper papers. And therefore the O.P is liable for the loss and injury caused to the Complainant. And thus the O.P is liable for the non-compliance with the terms and conditions of sale of the Motor Bike.

The further case of the Complainant is that the Complainant has paid 36 installments with 12.40% interest on the loan amount to the Canara Bank Tufanganj Branch and cleared the loan. Till to date the Complainant got no certificate of Registration from the O.P.

The further case of the Complainant is that the Complainant finding no other alternative compelled to serve an Advocate notice dated 26.09.2017 to the O.P. The O.P received the notice but did not pay any heed.

As such the Complainant has filed the instant case against the O.P with a prayer that the O.P be directed to pay a sum of Rs.91,886/- the price of the Bike with interest @ 15% and Rs.50,000/- as compensation and cost of the Complainant.

The O.P did not turn up before this Forum and as such the case proceeded ex-parte against him (vide Order No.04 dated 29.05.2018). In Order to prove the case the Complainant has filed evidence on affidavit and written argument.

We have heard the argument of the Complainant and perused the materials on record.

Considering the above pleadings the following issues are necessarily come out for consideration to reach just decision of the case. The Complainant has also filed some original documents with Firisti.

POINTS  FOR  CONSIDERATION

  1. Is the Complainant a consumer u/s 2(i) (d)(ii) of the consumer protection Act, 1986?
  2. Has this Forum jurisdiction to entertain the instant case?
  3. Has the O.P any deficiency in service as alleged by the Complainant?
  4. Is the Complainant entitled to get any other relief/ reliefs as he prayed for?

DECISION WITH REASONs

As all the points are interlinked to each other as such all the points are taken up together for consideration for the sake of brevity and convenience.

It is the fact that the Complainant has purchased a Suzuki Gixxer Blue (155 CC) Motor Bike from the O.P i.e. Minakhee Auto Centre and showroom of Suzuki Motor Bike proprietor Sri Sukhamoy Dey @ Bano of Thana Chowpathy, Ward No.7 of Tufanganj Municipality P.O. & P.S. Tufanganj, Dist. Cooch Behar who issued a valid invoice dated 11.06.2015 i.e. Annexure “D”. The said Motor Bike was delivered to the Complainant by the O.P. with assurance that he will provide proper service. As such the relation between the parties is buyer and seller.

As per provision laid down U/S 2(i) (d)(ii) of the  Consumer Protection Act, 1986 the status of the Complainant here is a consumer and as such he is entitled to get reliefs as he prayed for.

The Complainant is the resident of Karmakar Para, Ward No.11 of Tufanganj Municipality, P.O. Tufanganj Newtown, P.S. Tufanganj. Dist. Cooch Behar, and the O.P’s showroom is also situated at Thana Chowpathy ward No.7, P.O. & P.S. Tufanganj, Dist. Cooch Behar. The Complainant and the O.P both reside within the territorial jurisdiction of this Forum and the claim amount of the Complainant does not exceed the pecuniary jurisdiction of this Forum. As such the instant case is maintainable and this Forum has both the territorial and pecuniary jurisdiction to entertain the case.

On hearing of argument as well as on perusal of the materials available on case record it is revealed that the Complainant has purchased the alleged Suzuki Gixxer Blue (155 CC) Motor Bike form the O.P under hypothecation of  Canara Bank Tufanganj Branch. The O.P has issued a valid invoice dated 11.06.2015 i.e. Annexure “D”.

It is the case of the Complainant that the said Bank paid Rs.91,866/- to the O.P under D.D. No.898397 i.e. Annexure “B” for the purchase of the aforesaid Bike including the price of the accessories. The said Bank also issued a letter to the O.P to supply the Motor Bike in good condition, with further request to supply the proper money receipt, bill invoice, one set of key, copy of Registration certificate and comprehensive insurance of the Bike directly to the Bank for hypothecation i.e. Annexure “A”. After the purchase of the Bike the O.P took the signature of the Complainant in the RTO application form but the O.P. did not take any initiatives for Registration of the vehicle. Till date the copy of Registration certificate is not supplied to the Complainant and nor to the aforesaid Bank. As such a result the Complainant cannot ply his Motor Bike on Road. So, the aforesaid Motor Bike became useless to the Complainant. The O.P after taking the Consideration money from the Complainant did not give him proper service. The Complainant took loan from the Canara Bank for the purchase of the alleged Bike. He also cleared the loan amount with the interest @ 12.40%. And therefore we find that there is deficiency in service on part of the O.P. Therefore, the O.P is liable to compensate the Complainant.

Considering the facts and circumstances we are of the view that it should be justified to award an amount of Rs.1,00,000/- (One Lakh) in favour of the Complainant.

Considering the positive result of the foregoing discussed points, Points No.4 also bears the positive result and that shall be reflected in the ordering portion.

Thus all the points are disposed off accordingly.

Fees paid are correct.

Hence, for end of justices, it is :-

Order

That the instant case be and the same is allowed ex-parte with cost. The Complainant do get decree amounting to Rs.1,00,000/- (One Lakh) for the cost price of the vehicle with interest and he further do get a decree amounting to Rs.30,000/- (Thirty Thousand) as compensation for his mental sufferings and agony plus Rs.10,000/- (Ten thousand) as litigation cost i.e. the total decreetal amount is Rs.1,00,000/- (one Lakh) plus Rs. 30,000/- (Thirty Thousand) plus Rs.10,000/- (Ten thousand) = 1,40,000/- (One Lakh Forty Thousand) only.

The O.P. Sri Sukhamoy Dey @ Bano, the proprietor of  Minakshee Auto centre and Showroom is hereby directed to pay the decreetal amount Rs.1,40,000/- (One Lakh Forty Thousand) to the Complainant, Sri Uttam karmakar within 30 days from this day failing which the Complainant will be at liberty to put this decree into execution according to Law.

In realization of the decreetal dues through execution the Complainant will be entitled to get 8% interest per annum on decteetal dues from the date of filing of the case i.e. from 02.04.18 till realization of entire decreetal dues. The O.P is at liberty to take back the alleged vehicle from the Complainant at his own cost and risk.

The Complainant is directed to return the alleged vehicle to the O.P. after realization of the decreetal dues, if the O.P so requires through proper receipt and identification.

            Let a plain copy of this Order be supplied to the parties concerned by hand/by Post forthwith, free of cost for information & necessary action.  The copy this Final Order/Judgement also available at www.confonet.nic.in.

Dictated and corrected by me.

 
 
[HON'BLE MR. KARNA PRASAD BURMAN]
PRESIDENT
 
[HON'BLE MRS. RUMKI SAMAJDAR]
MEMBER

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