District Consumer Dispute Redressal Commission, West Singhbhum at Chaibasa
C.C. No.9/2015
Kartick Chandra Pati…………………Complainant
Vrs.
M/s Utkal Autocoach Pvt. Ltd. Aidtyapur, Seraikella-Kharsawan……….O.P.
Advocate of the Complainant……… Shri Prabhat Kumar Nanda.
Advocate of the Opposite Party ……….None
Chaibasa, dated 28.12.2021
JUDGEMENT (Ex- parte)
This Case has been filed by Complainant Kartick Chandra Pati for an award of Rs.100000.00 against O.P. Utkal Autocoach Pvt. Ltd. for his deficiency of service including compensation to the complainant for mental agony caused by O.P.
Briefly started case of the complainant, named above ,is that he has purchased one Mahindra & Mahindra Make Scorpio Vehicle Model, Scorpio S49ST having Chasis No.MAITA2SJXE2L28648, Engine No.SJE4L10036 having Customer ID C151888600, Vehicle ID MAITA2SJXE2L28648 under Retail Invoice No.INVI5A000644 dated 15.12.2014 against Order No.OTF15A000799 from the O.P. @ price of Rs.899552.00 only. The vehicle aforesaid was delivered to the complainant by the O.P. on 16.12.2014 vide Delivery Receipt No.270 dated 16.12.2014.
Further that before delivering the aforesaid vehicle to the complainant the O.P. got temporary registration of the vehicle in the name of complainant and obtained certificate of Temporary Registration marked as numbered JH22D/4164(T) was allotted to the new vehicle by the District Transport Officer Seraikella-Kharsawan and same was valid from 16.12.2014 to 14.01.2015. Further that so far permanent registration of the vehicle was concerned. Complainant was made to agree to have the same through the O.P. only for which the O.P. took the money from the complainant to the tune of Rs.55150.00 only and it was assured by O.P. to the complainant that during subsistence of the temporary registration vehicle, permanent registration of the vehicle would be got done by the O.P. in the name of complainant. Further it has been stated that at the time of sale of the vehicle in question to the complainant O.P. assured and under took that they would get the vehicle in question registered before the Registering Authority West Singhbhum, Chaibasa and for such purpose requisit money was taken by the O.P. from the complainant and it was assured and undertaken that certificate of registration for concerned vehicle would be handed over to the complainant at his home town Chakradharpur.
That under the facts and circumstances, stated above, cause of the action for the instant case also arose at town Chaibasa and Chakradharpur where the O.P. had assured and undertaken to get the vehicle registered and delivered the certificate of registration of the vehicle to the complainant which had not been done by the O.P. Further that O.P. has been acting negligently in this matter which amounts to deficiency in service and thereby putting the complainant to the loss of mental agony for which O.P. is liable to compensate the complainant lastly prayer has been made for direction to the O.P. by an award to compensate the loss of the complainant to the tune of Rs.100000.00 only.
After admission notice was issued to the O.P. and after passing of several dates when O.P. did not turn up before the forum then vide order dated 06.07.2017 proceeding of the case stood started ex-parte against O.P. and complainant was directed to adduce oral and documentary evidence in support of his complaint petition.
During ex-parte proceeding complainant has adduced his affidavited evidence as well as affidavited evidence of Mithun Pradhan in addition to that complainant has also filed photocopy of the documents which, after request ,have been marked exhibits from Exhibit 1 to Exhibit 8, which will be discussed at the time of giving finding in this case.
Since proceeding of this case has been concluded ex-parte therefore whatever oral and documentary evidences have been adduced by the complainant those will be basis for finding of this case.
FINDING
On perusal of the affidavited evidence of complainant it transpires that he has supported his complaint petition starting therein that he has purchased the Scorpio new vehicle from the O.P. M/s Utkal Autocoach Pvt. Ltd. after paying the purchase amount, further that vehicle was to be registered permanently from the O.P. but O.P. got registered the vehicle through permanent registered certificate and received the Registration Certificate in the month of May 2017 and the same is being produced before the court. Further that vehicle in question was not used on road due to none availability of permanent registration certificate and due such negligent activity of the O.P. complainant sustained economic, mental and physical loss and he has demanded Rs.650000.00 only by way of compensation from the O.P.
Witness Mithun Pradhan has started in his affidavited evidence that he is professional driver further that on 16.12.2014 he had gone to M/s Utkal Autocoach Pvt. Ltd. Adityapur along with Kartick Chandra Pati for bringing the new Scorpio Vehicle and he took the vehicle and brought it at Chakradharpur. Further that due to non-availability of the registration certificate above vehicle was standing without use till 2½ year at the residence of Kartick Chandra Pati. Further that Kartick Chandra Pati informed him later that he received the Registration Certificate in the month of May 2017.
On perusal of the documentary evidence it appears that exhibit 4, 5, 6, 7 are related with the purchase of new Scorpio Vehicle by the complainant from the O.P. and exhibit 8 goes shows that temporary registration certificate was issued in favour of the new vehicle mentioning Registration No.JH22D/4164(T) and the same was valid from 16.12.2014 to 14.01.2015.
Further during argument photocopy of the Cheque issuing details maintained by the complainant (Exibit-2&3) has been filed which shows that Cheque No.000006 related with HDFC Current Account of complainant has been issued in favour of the M/s Utkal Autocoach Pvt. Ltd. and amount has been mentioned as Rs.55150.00 right side of the remarks column has been mentioned as for the purpose of registration. Further Bank Statement summary regarding Bank Account of Kartick Chandra Pati has been issued by the HDFC Bank Chakradharpur Branch which shows that above mentioned Cheque worth Rs.55150.00 was cleared and paid to the M/s Utkal Autocoach Pvt. Ltd. on 24.12.2014.
Thus on the basis of oral and documentary evidence it is clear that complainant has issued cheque to the tune of Rs.55150.00 in favour of the O.P. for registration purpose of newly purchased vehicle from the showroom of O.P. and the same amount has been credited in the account of O.P. on 24.12.2014.
Case of the complainant is that he got only temporary registration of the aforesaid vehicle from the O.P. which was valid from 16.12.2014 to 14.01.2015 and thereafter due to un-availability of permanent registration of the above vehicle he could not ply the aforesaid vehicle for his personal use until he got the permanent registration i,e. till May 2017 but on perusal of the Exhibit 1 which is photocopy of the certificate of permanent registration of the vehicle in question it transpires that above vehicle has been registered on 15.07.2015 after taking one time tax and the registration is valid till 14.07.2030 so after comparing the temporary registration certificate and permanent registration certificate (Exhibit 8 and 1) of the vehicle in question it is clear that vehicle of the complainant was un-registered for the period of only 6 months so, contention of the complainant cannot be accepted that his vehicle was standing unused for a period of 2½ year in absence of Permanent Registration certificate similarly submission of complainant can also not been accepted that he has received the original document of permanent registration certificate of the vehicle in the month of May 2017 because no paper or receiving has been produced by the complainant in support of such submission in absence of permanent registration certificate. And similarly any physical and mental agony caused if any to the complainant can be only for the period of 6 month and not beyond that.
From perusal of the oral and documentary evidence it is clear that complainant is consumer of the O.P. and since after receiving the requisit amount for permanent registration the above vehicle, the O.P. has not performed his work for a period of six month and thereafter vehicle was got registration permanently. So we are of the considered opinion that such act of the O.P. comes within preview of deficiency of service. Further that complainant is entitled for his economic, mental and physical agony for the period of six months only as mentioned above.
It is therefore.
ORDERED
That the case is decreed (ex- parte) for an interest @ 9% per annum for Rs.55150.00 (Rupees Fifty Five Thousand One Hundred Fifty) only from the period of 15.01.2015 to 14.07.2015 i,e. for 6 months, litigation cost Rs.5000.00, mental and physical agony Rs.5000.00 only as compensation. Further O.P. is directed to pay the awarded money to the complainant within 30 days from the date of judgment communicated to him.
Let copy of this judgment be sent to the O.P. through Speed Post or Registered Post with A/D and also to complainant free of cost for their information and compliance.