In the Court of the Calcutta District Forum, Unit-I

CDF-1/Case no.27/2006

Sri Prakash Chand Maloo,

Proprietor of M/s. Oolam Fashion Fabrics,

11, Brabourne Road,

Draupadi Mansion, 5^th Floor, Kolkata-1                        …….     Complainant

vs.

M/s. Bengal Hyundai,

Unit of J.J. Automotive Ltd.,

25B, Park Street,

P.S. Park Street,Kolkata-16 and others                      .……  Opposite parties

Present :  Sri A.K. Das,  President

                Sri L.K. Banerjee,  Member

                Smt. J. Saha,  Member

Order no.   14     dt. 04/06/2008

            The petitioner in this consumer complaint has claimed compensation against o.p. alleging deficiency in service as they did not disclose the petitioner hat the car with TCP number could not be plied on the road for regular use till allotment of permanent registration number.

            It is undisputed that petitioner purchased the car from o.p. in exchange of an old car and took delivery of the new car 14.12.05 with TCP number pending permanent registration number. On 15.12.05 while going to Kalighat with the car it was intercepted and seized by Motor Vehicles Inspector (Enforcement) Deptt. as it was plying on the road with TCP number. The car was released on 16.12.05 on payment of fine Rs.8000/-.

            The complainant has alleged that he came to know for the first time in the M.V. Deptt after seizer that TCP number was given for touring the vehicle from factory to godown or to show room or to Motor Vehicles Deptt. only and owner ship of the car was not transferred till the permanent registration number was allotted and therefore the car with TCP could not be plied on road for regular use till allotment of permanent registration number.

            The complainant had an old car before purchase of he new car. Therefore, he was aware of the regulation of the Motor Vehicles Act. He plied the car on the road without permanent registration number and thereby he was liable to pay fine for plying the car on the road with TCP number. In that circumstances he was failed to make out case of deficiency in service on the part of the o.p. and he has no good ground to ask for relief. The consumer complaint is devoid of any merit and it is liable to be dismissed. Hence,

            The consumer complaint is dismissed on contest without cost.

            Let copy of this order be supplied to the parties free of cost.