DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

MUCHIPARA, BURDWAN.

Consumer Complaint No.206 of 2015

Date of filing: 24.9.2015                                                              Date of disposal: 19.02.2016

Complainant:    Swarup Koley, S/o. Late Dilip Koley, Vill: Maglampur, PO: Chotkhanda, PS: Memari, Dist: Burdwan, PIN – 713 146.

-V E R S U S-

Opposite Party:  The Proprietor, Monoj Automobiles @M.M. Automobiles, Satgachia, Monteswar road, near AIM Packaging, PO: Satgachia, PS: Memari, Burdwan, PIN – 713 422.         

Present:      Hon’ble President: Sri Asoke Kumar Mandal.

                        Hon’ble Member: Smt. Silpi Majumder.

           Hon’ble Member:  Sri Pankaj Kumar Sinha.

Appeared for the Complainant:      Ld. Advocate,Suvro Chakraborty.

Appeared for the Opposite Party:  None.

J U D G E M E N T

This complaint is filed by the complainant u/S. 12 of the C.P. Act, 1986 alleging deficiency in service as well as unfair trade practice against the op as the op did not provide the insurance certificate and road tax receipt in connection with his vehicle.

The brief fact of the case of the complainant is that he purchased a Bajaj Pulsar motorcycle from the show room by making payment of Rs. 62,890=00. The said amount was paid by him in two installments i.e. on 22.10.2011 & 26.11.2011 and accordingly two money receipts issued by the op in favour of the complainant. Inspite of this no final receipt or delivery challan was issued to the complainant in respect of such purchase. Since inception i.e. from the date of final payment though the op assured that it will deliver the registration certificate, tax token and insurance policy within very short period but it is reluctant to do the same. On several occasions the complainant requested the op to provide the said papers and documents, but it did not pay any heed to the request of him. Thereafter on 09.0.202012 the op insured the vehicle of the complainant with New India Assurance Co. Ltd., but it did not register the vehicle before the registering authority and also not supplied the Tax receipt of the said vehicle inspite of taking entire consideration amount for the same. The complainant went to the office of the op and requested to supply the tax certificate along with registration certificate but the op did not do the same. Lastly on 13.5.2013 the op issued the final delivery challan bearing no. 651 in favour of the complainant. From the said challan it is appeared that the op has taken consideration amount in respect of registering the vehicle as well as depositing tax. On 10.02.2015 the complainant requested the op by issuing letter to solve his problem but no cooperation has been extended on behalf of the op. Therefore, having no alternative the complainant has approached before this ld. Forum praying for direction upon the op for making payment of Rs. 20,000=00 as compensation due to harassment, mental pain and agony, to deliver the tax receipt and register the vehicle before the registering authority, litigation cost of Rs. 20,000=00.

After admission of this complaint notice was issued upon the op through speed post from the office of this ld. Forum but the order dated 09.11.2015 reveals that though the op has received the notice but did not turn up before this ld. Forum to contest the complaint either orally or by filing written version. So this ld. Forum was pleased to fix argument of this complaint ex parte against the op.

We have carefully perused the record and the documents as filed by the complainant in support of his contention and heard argument at length advanced by the ld. Counsel for the complainant. It is seen by us that admittedly the complainant purchased one motorcycle and he paid the entire consideration amount for that vehicle in two installments and money receipt was accordingly issued by the op in favour of the complainant. The allegation of the complainant is that inspite of taking consideration amount towards registration and road tax from the complainant the op did not perform its liability on those two accounts till filing of this complaint. The annexure ‘E’ denotes that that admittedly the complainant paid consideration towards registration and tax but the op did not take any step for registration of the said vehicle from the registering authority and not bothered for making payment of the amount towards road tax. Due to such inaction of the op admittedly the complainant is facing trouble day by day. Specially for plying of the said vehicle the above-mentioned two documents are very necessary to avoid any complications as well as road safety. In our view as it was the duty of the op to register the vehicle and to deposit the road tax amount before the appropriate authority, now the op is under obligation to comply with its liability as per agreement or document whatever it may be. It is noticed by us that such inaction on the part of the op can easily be termed as deficiency in service for which the complainant is entitled to get compensation from the op. As the complainant’s grievance had not been redressed before coming to the ld. Forum and by filing this complaint the complainant had to incur some expenses, the op is also under obligation for making payment of litigation cost to the complainant.

Going by the foregoing discussion hence, it is

O r d e r e d

that the complaint is allowed ex parte against the op with cost. The op is directed to register the questioned vehicle with the registering authority and to deposit the road tax amount to the appropriate authority and after completion of two actions the op shall deliver the related papers and documents to the complainant within three months from the date of passing of this judgment, in default, the complainant will be at liberty to put this order into execution as per provisions of law. The op is further directed for making payment of Rs. 3,000=00 towards compensation due to harassment and mental agony and litigation cost of Rs. 2,000=00 to the complainant within a period of 45 days from the date of passing of this judgment, failing which, the complainant is at liberty to put the entire order in execution as per provisions of law.

Let plain copies of this final order be supplied to the parties free of cost as per provisions of Consumer Protection Regulations, 2005.

                   (Asoke Kumar Mandal)        

             Dictated and corrected by me.                                                 President       

                                                                                                          DCDRF, Burdwan

                      (Silpi Majumder)                                                     

                             Member                                                                   

                    DCDRF, Burdwan

                                                   (Pankaj Kumar Sinha)                          (Silpi Majumder)

                                                           Member                                                 Member    

                                                     DCDRF, Burdwan                               DCDRF, Burdwan