DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KEONJHAR.
CC Case No.-14/2018
Bishnu Charan Mohanty, aged about 50 years
S/o-late Guru Charan Mohanty,At-Brahmanabhuin,
P.O-Kalarabank, P.s-Kisannagar, Dist-Cuttack,
At Present address At- Basantapur, Po-Ghutur,
P.S-Town, Dist-Keonjhar,……………………….…………...…..………………………….. Complainant
Versus
- M/S-PRITAM ENTERPRISES,KEONJHAR
At-Dhangarapada, P.O-KeonjharGarh,
P.S-Town, Dist-Keonjhar
2. Branch Manager, Andhra Bank, Keonjhar,
3. R.T.A, Keonjhar
Sl No 2&3 are of At/ Po-Keonjhargarh, P.S-Town,
Dist-Keonjhar……………….…….………………………………………………………..…..Opp.Parties
Present:
Shri B.N.Patra,President
Sri. B.B.Das,Member
Advocate for complainant- C.K Das
Advocate for Op-1 & Op-3 –Set- Exparte
Advocate for O.P 2 - B.Nanda
Date of filing- 18.04.2018 Date of order- 19.08.2022
Sri B.B Das
Prosecution case, in short is that the complainant has purchased one Activa (Scooter) on dt 17.03.2016 being financed by Branch Manager , Andhra Bank, Keonjhar (OP No-2) from M/S Pritam Enterprises , Keonjhar (OP No-1). The cost of the vehicle including all accessories was Rs.65,000/- . The Op No-1 insured the vehicle through his Agent before ICICI Lombard Insurance company , The complainant applied before OP.No-3 for registration after depositing all dues to that effect . But OP.No-3 declined to register the vehicle on the ground that the OP.No-2(Financer) has not trade license . The complainant runs before OP.No-1 and OP.No-2 for registration of vehicle but all his efforts turned in vain.
The notice has been issued against the Ops for their appearance and filing show-cause in this case . OP.No-1 and OP.No-3 are set-ex-parte on dt 2.12.2019. The OP.No-2 entered in appearance and filed his version . The sole contention of OP.No-2 in this case is that he has financed the Honda Activa motor cycle to the complainant , he will not be held responsible for the registration of the vehicle.
The complainant relies upon the documents as follows :-
- Postal order of Rs.100/-,
- Retail Invoice dt.17.03.2016,
- Insurance Receipt dt. 17.03.2016 to Dt.16.03.2017.
The OP.No-2 files the Trade Certificate and Renewal Certificate from 17.10.2017 to 16.10.2018.
On perusal of the documents filed by the complainant and the submission made before this commission it is Crystal clear that the alleged vehicle is duly financed by the OP.No-2 and accordingly OP.No-1 after observing all formalities and related documents handed over the vehicle in favour of the complainant . The vehicle was purchased by the complainant on 17.03.2016 within the valid period of the trade license certificate . On the other hand , it has been renewed from 17.10.2017 to 16.10.2018 by the Registering Authority M.V Department , Keonjhar. The complainant runs before the OP.No-3 for about a year to register the vehicle but he declined to make registration of the vehicle due to lapse of Trade Certificate of OP-2 before renewal. However ,the complainant being a consumer of OP.No-1 and OP. No- 2 is entitled to obtain the trade certificate for registration of the vehicle , they failed to provide it. So, it is definitely caused the deficiency of service as well as mental agony and harassment to the complainant .
Under the above circumstances it is directed that the OP.No-1 & OP.No-2 shall take proper steps for registration vehicle and to hand over the connected documents in favour of the complainant within 30 days of this order , failing which the complainant reserves right to realize the cost of vehicle on surrender. Simultaneously, it is further directed that OP.No-2 is liable to pay a sum of Rs.10,000/- towards harassment and mental agony under the nature and circumstances of case .There is no costs to the litigation.
The order pronounced in open Commission today i.e on 19th August 2022.
Free copy be supplied to parties, if applied for.
Pronounced on 19.08.2022
I agree
( Sri B. B. Das) ( B.N Patra )
Member (President)
DCDRC,Keonjhar DCDRC,Keonjhar
Dictated & Corrected by
( Sri B. B. Das)
Member
DCDRC,Keonjhar
