Case No. CC/79/2022
COMPLAINANT :1. Ganesh Chandra Roy,
S/O: Gobinda Roy,
Resident of Vill-Charachakundi
Dakshin Para,
P.O. Charachakundi, P.S. Kaliganj,
Dist. Nadia ,Pin-741153.
V-E-R-S-U-S
OPPOSITE PARTIES / 1.M/S Madhusudan Garai,
Represented by the proprietor Madhusundan Garai,
Authorized dealer of Honda Motorcycle &Scooter India Pvt. Ltd.
Email Address- garaihonda@gmail.com,
Official Address:-College Street,
P.O. Krishnagar, P.S. Kotwali,
Dist. Nadia, Pin-741101.
2. The Proprietor /Managing Director
Subrata Automobile Private Limited, (STAR HONDA),
Authorized dealer of Honda Motorcycle &Scooter India Pvt. Ltd.
Office at Palpara More
P.O. Krishnagar, P.S. Kotwali, Nadia, 741102.
3. The Director/M.D
Corporate Office
Honda Motorcycle & Scooter India Pvt. Ltd.,
26. Akurdi Gaothan, Vivek Nagar,
Akurdi, Pimpri Chinchwad,
Maharastra-411035.
(2)
4. The Director/M.D
Honda Motorcycle & Scooter India Pvt. Ltd.,
Commercial Complex-II, Sector-49-50
Golf Cource Extension Road
Gurugram, Haryana-122018.
Ld. Advocate(s)
For Complainant: Debraj Das
For OP/OPs : None
Date of filing of the case :12.07.2022
Date of Disposal of the case : 18.09.2023
Final Order / Judgment dtd.18.09.2023
Complainant above named filed this complaint u/s 35 of the Consumer Protection Act, 2019 against the aforesaid opposite parties praying for direction to supply original Registration Certificate, Life Time Road Tax, compensation amounting to Rs.50,000/-, cost of the case and other reliefs.
He alleged in the petition of complaint that he was intended to purchase one Honda Horned BS-IV Model with the price of Rs.89,052/-. Out of said amount he paid Rs.5,000/- on 30.09.2018. OP No.1 issued one money receipt to that effect. On 07.10.2018 complainant deposited Rs.1,09,200/-. On 07.10.2018 complainant took delivery of said Motor Cycle.
Complainant paid total amount of Rs.1,14,200/- in favour of the OP NO.1. Out of which value of Motor Byke is Rs.89,052/- and Rs.25,149/- as cost of the documents. OP No.1 gave assurance that he will supply documents of the said Motor Byke within a month but he only supplied the Insurance Certificate dated 09.10.2018 for the amount of Rs.13,032/-.
OP NO.2 is the authorised dealer of the aforesaid Motor Byke. Complainant visited his office but did not get any fruitful result. Hence, the complainant filed this case.
Case is running ex-parte against OP No.1 vide order no.13 dated 03.07.
2023.
Case is also running ex-parte against OP NO.2,3, and 4 vide order dated 19.09.2022.
(3)
Trial
During trial complainant filed affidavit in chief
Documents
Complainant produced the following documents viz :
- Original copy of Money Receipt amounting to Rs.5,000/- dated 30.09.2018..........(One sheet)
- Original copy of Money Receipt amounting to Rs.9,200/- dated 07.10.2018..........(One sheet)
- Original copy of Money Receipt amounting to Rs.1,00,000/- dated 07.10.2018..........(One sheet)
- Original copy of Road Challan amounting to Rs.89,052/- dated 07.10.2018..........(One sheet)
- Original copy of Motor Insurance amounting to Rs.13,032/- from 09.10.2018 to 08.10.2023.........(Two sheets)
- Original copy of Sale Invoice dated 07.10.2018..........(One sheet)
Brief Notes of Argument
Complainant filed BNA.
Decision with Reasons
We have carefully gone through the petition of complaint filed by the complainant, affidavit in chief filed by the complainant, documents filed by the complainant and BNA filed by the complainant. We have carefully considered these documents.
On perusal of petition of complaint filed by the complainant and affidavit in chief filed by complainant we find that complainant corroborated his contention made in the petition of complaint. We also find that complainant deposited Rs.1,14,200/- in favour of the OP NO.1.
On perusal of original money receipt dated 30.09.2018, we find that complainant paid Rs.5,000/- in favour of OP NO.1 and on that time OP No.1 issued one money receipt.
On perusal of money receipt dated 07.10.2018 amounting to Rs.9,200/- and another money receipt dated 07.10.2018 amounting to
(4)
Rs.1,00,000/-, we find that complainant paid total amount of Rs.1,09,200/- on that date.
On perusal of aforesaid document , we find that OP NO.1 who is the representative OP NO.2-4 gave assurance that he would supply the necessary documents in favour of the complainant which are required to ply the aforesaid Motor Byke on road. But as per affidavit in chief of the complainant, which is unchallenged testimony, it appears before us that OP NO.1-4 not yet provided the aforesaid documents in favour of the complainant.
Moreover, as per Motor Vehicles’ Act it is the duty of the showroom to arrange necessary papers at the cost of the complainant such as Registration Certificate, Tax token etc. but in the instant case OP NO.1-4 not yet supplied the said direction of Motor Vehicle’s Act which is nothing but deficiency in service as per Consumer Protection Act, 2019.
On perusal of record, we find that complainant is the consumer and OP No.1-4 are the service provider.
Having regard to the aforesaid discussion, we are of the firmed view that the complainant has established his grievance against the OP NO.1-4 which are nothing but deficiency in service.
In the result, present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed ex-parte against OP NO.1-4 with cost of Rs.5,000/- (Rupees five thousand) to be paid by OP NO.1-4 in favour of the complainant.
OP NO.1-4 jointly or severally are directed to provide Registration Certificate of the vehicle , Road Tax and other necessary documents which are required to ply the Motor aforesaid Motor byke on Road in favour of the complainant within 45 days from this date or OP NO.1-4 jointly or severally are directed to refund Rs.1,14,200/-(Rupees One lakh fourteen thousand two hundred) in favour of the complainant within next 45 days from this date in favour of the complainant after taking back the aforesaid Motor Byke failing which complainant shall have liberty to put this order into execution.
(5)
OP No.1-4 jointly or severally are directed to pay compensation amounting to Rs.10,000/- (Rupees Ten thousand) in favour of the complainant within 45 days from this date failing which complainant shall have liberty to put this order into execution.
Let a copy of this final order be supplied to both the parties as free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
We concur,
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MEMBER MEMBER
(NIROD BARAN ROY CHOWDHURY) (MALLIKA SAMADDAR)
