DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C. C.  CASE  NO. 78/2022

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

            23.03.2022                                    29.03.2022                                                     24.11.2022

     P R E S E N T          :-        Smt. Monisha Shaw …………………. Member.

                                      :-        Sri Abhijit Basu……………………….Member

JUDGMENT / FINAL ORDER

The complaint is filed U/s 35 of the Consumer Protection Act, 2019.

The Complainant have confirmed one Hyundai i10 Magma Car (WB – 02 AA – 9843) made advance payment of Rs. 10,001/- to the Opposite party on 17/07/2017 the price of the car was settled Rs. 2,00,001/- and cash payment of Rs. 31,000/- made on 26/07/2017 for Road Tax & Insurance and Rs. 18,000/- for transferring of name. On 26/07/2017 at 7:15 p.m. the Complainant taken the delivery of the car and paid to the Opposite Party of Rs. 20,000/- for car, Rs. 31,000/- for tax & Insurance of the car and Rs. 18,000/- for transferring of name.

The Complainant stated that the Opposite Party Mr. Shammi Kumar the owner of Singh Group assured to transfer the name within one month and he also assured that he arranged the car purchase loan from TATA CAPITAL for the amount of Rs. 1,70,000/-. The said car loan was sanctioned on 31/07/2017 and the Complainant started paying the installment on regular basis without lapse. The Complainant received the insurance certificate from Royal Sundaram on 16/09/2017 and also received the Road Tax Certificate but has not yet been transferred the owner’s name inspite of taking payment of Rs. 18,000/-.

The Complainant further stated that the Complainant requested repeatedly but the O.P. did not pay any attention and no hid to his request to transfer the name. On 21/02/2021 the O.P. at his office at B.T. Road, in presence of the Complainant’s father committed that he would do transfer of the name and if failed he would return Rs. (1,25,000/- + 18,000/-)=Rs. 1,43,000/-  to the Complainant by March, 2021 and would take back the car but as on this day nothing done effective and fruitful on the part of the Opposite Party to this effect.

As per Complainant’s version after purchasing the car the Complainant couldn’t ply the same, so that name is not transferred. The Complainant had been paying garage rent for keeping this car and the garage rent is Rs. 2,000/- per month.

At last the Complainant send a letter dated 03/01/2022 to the Opposite Party through speed post requesting to the Opposite Party to transfer the name of the owner of the vehicle within 15 days on and from the date of receipt of the said notice and the notice was received by the Opposite Party on 04/01/2022 as per postal track report.

Alleging deficiency of service as well as unfair trade practice against the O.Ps did not take any steps to redress his grievances till filing of this complaint.

Prayer of the Complainants

1. To direct the Opposite Party to transfer the name of the owner of the aforesaid vehicle or return the sum of Rs. 1,43,000/-.
2. To direct the Opposite Party to pay the depreciation charges amounting to Rs. 20,000/-.
3. To direct the Opposite Party to pay Rs. 50,000/- as compensation towards garage charges and Rs. 10,000/- towards litigation cost and harassment.

Contd. To Page No. 2 . . . ./

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C. C.  CASE  NO. 78/2022

Issues were framed for the purpose of decision:-

1. Whether the complaint is maintainable or not?
2. Whether the Complainant is entitled to get relief / reliefs in this case or not?
3. Whether the Complainant is a consumer or not?
4. Whether this Commission has territorial and pecuniary jurisdiction to try this case?

Decision with reasons:-

Considering the facts and circumstances as well as nature and character of this case all the points are interlinked to each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.

On perusal of the materials along with the supporting affidavit related to documents available in the case record as well as hearing of argument by the Ld. Advocate for the Complainant, it is revealed that the Complainant paid an amount of Rs. 1,43,000/- to the Opposite Party Mr. Shammi Kumar, Singh Group. Here the status of the OP is service provider and the Complainant being a customer of the OP, so the Complainant becomes a consumer as per Consumer Protection Act, 2019.

The Complainant resides at at residing at 8/4, F. Road, Anandapuri, Barrackpore, Nonachandan Pukur, West Bengal, Pin – 700122, P.S. Titagarh and the OP is Authorised Second Card Dealer, 58/A, B.T. Road, Kolkata – 700002, P.S. – Cossipore is situated within the District of North 24 Parganas and the claimed amount does not exceed the pecuniary limit of this Commission. Therefore, this Commission has ample power to try this case.

We have perused the complaint as well as Examination-in-Chief on affidavit filed by the Complainant. We have perused the copy of the money receipt which was provided by the O.P members with the supporting affidavit and other documents filed by the Complainant. On perusal of the aforesaid materials it appears that the Complainant paid Rs. 1,43,000/- in total.

Since the O.P did not transfer the name to the Complainant. Complainant repeatedly request to transfer the name of the car, as such there is deficiency in service as per C.P. Act, 2019.

Thus, all the points are discussed accordingly.

Hence, for ends of justice

It is

Ordered

That the instant case being no. C.C. 78/2022 be and the same is allowed ex-parte against the OP with cost of Rs. 10,000/-.

The Opposite Parties are directed to transfer the name of the car within 03 (three) months from this date and the aforesaid vehicle and / or return the sum of Rs. 1,43,000/- alongwith 6% interest from the date of purchasing the car in default the Complainant is at liberty to execute the decree according to law.

Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.                                   

  Dictated & Corrected by me    

Member                                                                                                                     

Member                                                                                  Member