Date of Filing: 18-01-2016 Date of Final Order: 11-05-2016
Sri Debangshu Bhattacharjee, Member.
The brief facts of the complaint as culled out from the record is that on 12/01/2015 the Complainant, Prasenjit Saha booked one new Yamaha SZ-PR (New Version 2) motorcycle on payment of Rs.500/- to the O.P, M/S Bengal Motors, Dealer – India Yamaha Motor Pvt. Ltd., Tufanganj and the on-road price of the said motorcycle was given by the O.P as Rs.77,550/-. After such booking, the O.P asked the Complainant to come on 15/01/2015 and accordingly on 15/01/2015 the Complainant went to the O.P to receive the motorcycle. But for the first time the Complainant was informed by the O.P that the on-road price of the said motorcycle would be Rs.81,027/- instead of Rs.77,550/- and on queries the Complainant became to know that for early registration some extra amount would be required and accordingly the Complainant paid Rs.81,027/- to the O.P in cash for such purchase of the said motorcycle. After receiving the said amount, the O.P delivered the said motorcycle bearing Chesis No. MEIRG081CE0006519, Engine No. G3C9E0006551, Model No. SZ-PR-150D, Colour – Red, Key No.8878, Number of Cylinder – Single, Horse Power – 150 CC and issued one Invioce in favour of the Complainant and one temporary number (TC-WB-64 TC-440) with this assurance that they will handed over all the relevant documents relating to the said motorcycle such as Registration Certificate, Insurance Certificate etc. to the Complainant after completion of the registration formalities with RTA, Cooch Behar within 7 days, so not to worry about those documents.
At the time of purchase of the said motorcycle, the O.P received the fees for Registration, Insurance and other charges including the price of the motorcycle which are given below :-
Particulars Amount
Ex. Showroom price of the Motor Cycle…........................Rs.67,288/-
Registration…………………………………………….....Rs.8,688/-
Insurance……………………………………………….....Rs.1,574/-
Handling Charges…………………………………............Rs.900/-
Hypothecation……………………………………….........Rs.300/-
Ex-warranty…………………………………………….....Rs.777/-
Carrying…………………………………………………...Rs.1,500/-
Total…………………… Rs.81,027/-
It is the case of the Complainant that at the time of delivery of the said motorcycle, the battery which was fitted with the motorcycle was not fully charged for which the O.P replaced the same with another battery with this assurance that after charging it will be provided to the Complainant with warranty card.
After purchasing the said motorcycle, the Complainant could not ply the same on-road due to non-registration of the motorcycle for which the Complainant went to the O.P for early processing for registration and lastly, it was registered bearing Registration No. WB-64 L/3749 in the month of July, 2015 i.e. after six months. Not only that, up-till this day neither the R/C Book nor the original Insurance Certificate and Cash memo have been handed over to the Complainant by the O.P as they assured it will handed over within seven days. Accordingly, the Complainant again went to the O.P to receive the said documents then the O.P handed over one Tax Receipt and one purported cover note of a insurance policy issued by Bajaj Allianz General Insurance Company showing coverage of insurance of the said motorcycle from 13/07/2015 to 12/07/2016 without having any policy number. In this connection it may be stated that though the Complainant purchased the said motorcycle on cash payment but yet then the O.P had charged excess amount such as Rs.900/- for handling charge, Hypothecation Charge of Rs.300/-, Ex-warranty charge of Rs.777/- and carrying cost of Rs.1,500/- (Rs.3,477/- in total). Even the original battery which was fitted with the motorcycle has not yet been supplied to the Complainant as they assured.
Due to such activities of the O.P, the Complainant was suffered from mental pain & agony and financial loss also there was deficiency in service and unfair trade practice, adopting by the O.P.
Hence, the Complainant filed the present case praying for issuing a direction upon the O.P to hand over the R/C Book bearing Registration No. WB-64 L/3749 as well as original Insurance Policy Certificate of the said motorcycle and providing the original battery with Warranty Card and also to pay (i) Rs.3,477/- as excess amount which was collected from the Complainant, (ii) Rs.30,000/- for unfair trade practice adopting by the O.P, (iii) Rs.15,000/- as compensation for mental pain & agony and deficiency in service and (iv) Rs.10,000/- towards litigation costs, besides other relief(s) as the Forum deem fit, as per law & equity.
It appears that in spite of due service of Notice upon the O.P, M/S Bengal Motors, Dealer – India Yamaha Motor Pvt. Ltd., Tufanganj did not turn up before the Forum and accordingly the case proceeded in Ex-parte against them.
In the light of the contention of both parties, the following points necessarily came up for consideration.
POINTS FOR CONSIDERATION
- Is the Complainant a Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Has the Opposite Party any deficiency in service by repudiating the claim of the Complainant and are they liable in any way?
- Whether the Complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
We have gone through the record very carefully, peruse the entire documents in the record also heard the argument in Ex-parte at a length.
Point No.1.
Complainant purchased a motorcycle from the O.P, M/S Bengal Motors, Dealer – India Yamaha Motor Pvt. Ltd., Tufanganj against certain payment. Thus, the relation between the Complainant and the O.P so established from the record we are convinced to hold that the Complainant is the Consumer of the O.P under u/s 2(1)(d)(ii) of the C.P. Act, 1986.
Point No.2.
The Office of the O.P company is situated within the jurisdiction of this District as well as under the jurisdiction of this Forum and total valuation of this case is far less than maximum limit of Rs.20,00,000/-.
So, this Forum has territorial and pecuniary jurisdiction to try this case.
Point No.3 & 4.
Complainant booked one new Yamaha SZ-PR (New Version 2) motorcycle on payment of Rs.500/- (Annexure –A) to the O.P, M/S Bengal Motors, Dealer – India Yamaha Motor Pvt. Ltd., Tufanganj. According to the Complainant the on-road price of the said motorcycle was given by the O.P as Rs.77, 550/-.But, no Quotation or reference is produce by the complainant against his claim.
On 15/01/2015, when the Complainant went to the O.P to receive the motorcycle, that time he came to know that the on-road price of the said motorcycle would be Rs.81,027/- instead of Rs.77,550/-. Complainant purchased the motorcycle by giving case deposit of 81,027. (Including the Booking amount).
After purchasing the motorcycle by the complainant, the OP issued an INVOICE (Annexure-B) (Without VAT/TIN No). Bill No-TC-WB-64-TC-440 dated 15/01/15. At the time of purchase of the said motorcycle, the O.P received the fees for Registration, Insurance and other charges including the price of the motorcycle which is mentioned above.
In his Written Argument complainant claimed that he purchased the said motorcycle on cash payment but yet then the O.P had charged excess amount such as Rs.900/- for handling charge, Hypothecation Charge of Rs.300/-, Ex-warranty charge of Rs.777/- and carrying cost of Rs.1,500/- (Rs.3,477/- in total). The OP never appears to the Forum to censure the claim of the complainant.
According to the document produce by the complainant (Annexure-B) we see that on 15/01/2015 The OP taken Rupees 1574/- for purchase insurance policy and Rupees 8688/- For registration of the said motorcycle bearing Chesis No. MEIRG081CE0006519, Engine No. G3C9E0006551, Model No. SZ-PR-150D, Colour – Red, Key No.8878, Number of Cylinder – Single, Horse Power – 150 CC.
It reviles from the record (Annexure –C) that the motorcycle being insured on 13/07/2015 (After Six month of purchasing the Motor cycle) and the registration has been done after deposit the Life Time Tax (Annexure-D) on 02/07/2015 (After Six month of the purchasing the motorcycle). The new vehicle runs for six month without Registration and Insurance papers. The Opposite party is totally responsible for this specific incident.
According to the Tax-invoice the registration number of the said motorcycle is WB-64-L3749. Complainant in his Evidence on Affidavit stated that till date the R/C Book nor the original Insurance Certificate and Cash memo have been handed over to the Complainant by the O.P
The complainant in his complaint petition claimed that the New Battery which was fitted with the bike is under the custody of the OP till date. The opposite party replaces the same with another battery on the assurance that after charging that will be provided to the complainant with Warranty card.
At the time of hearing of argument complainant said that the vehicle is in a running condition, without registration certificate and other original papers, mentioned above. Time to time servicing of the motorcycle never be done and the complainant never went to the showroom for taking after sale services from the OP after 18/01/2016.
In the light of foregoing discussion and considering the materials to its entirety, we have no hesitation but to hold our reasoned opinion that the Complainant has been able to prove his case and entitled to get reasonable relief with compensation. Thus, the instant case succeeds on its merit.
ORDER
Hence, it is ordered that,
The present Case No. CC/07/2016 be and the same is allowed in Ex-parte with cost of Rs.5,000/- against the O.P.
The O.P is directed to hand over the R/C Book bearing Registration No. WB-64-L/3749 as well as original Insurance Policy Certificate of the said motorcycle and providing the original battery with Warranty Card to the complainant.
The O.P is hereby directed to pay Rs.3, 477/- as excess amount which was collected from the Complainant.
The O.P. is hereby directed to pay the Complainant Rs. 5,000/- as compensation for his deficiency in service which caused mental agony and harassment of the Complainant.
The O.P. is hereby directed to pay Rs.2, 000/- towards litigation costs to the complainant.
The entire order shall comply by the O.P. N within 45 days failure of which the O.P. shall pay Rs.100/- for each day’s delay and the amount to be accumulated shall be deposited in the “State Consumer Welfare Fund”, West Bengal.
Let a plain copy of this Order be supplied to the parties concerned by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action, as per rules.
