In the District Consumer Disputes Redressal Commission, Hooghly, At Chinsurah.
Case No. CC/200/2022.
Date of filing: 21/09/2022. Date of Final Order: 28/05/2024.
Debabrata Chowdhury,
s/o Late Sudarshan Chandra Chowdhury,
r/o “Gitanjali Apartment”, 3rd floor,
47 Shibtala Street, P.O. Bhadrakali,
P.S. Uttarpara, Dist. Hooghly,
PIN. 712232, West Bengal. …..complainant
-vs -
- Mr. Navin Choudhary,
s/o Nandalal Choudhary,
Disignated partner
Krishnika Traders LLP,
8A Alipore Road, flat no. 1, 2nd floor,
P.O. Alipure, Kolkata- 700027.
- A.R.T.O.
Office of ARTO,
Serampore Court Compound,
P.O. Serampore, Dist. Hooghly.…..opposite parties
Before: Member, Debasis Bhattacharya.
Member, Babita Chaudhuri.
FINAL ORDER/JUDGEMENT
Presented by:-
Babita Chaudhuri, Member .
Brief fact of this case:- This case has been filed U/s. 35 of the Consumer Protection Act, 2019 by the complainant stating that the petitioner is an employer of Indian Railway and for his daily requirement during Corona Pandemic situation on 9.9.2020 he had purchased one vehicle (four wheeler) being no. WB 02 AK9655 make Ford Figo Aspir from Krishnika Traders LLP, represented by Navin Choudhary at an agreed price of Rs.325000/-. It become obligatory on the part of the vendor for completion of sale which includes registration of the vehicle in the name of the purchaser in his territorial jurisdiction. Complainant applied for registration of the vehicle in the office of the Additional Transport Officer (ARTO) Serampore, Hooghly being his territorial jurisdiction as on 1.12.2020 alongwith copies of all papers and documents. After due consideration of the application the complainant has been directed to ensure personal appearance of the vendor (transferer of the vehicle). Accordingly the complainant inform the OP no. 1 and made a request to him to appear before the ARTO Serampore in order to complete sale transaction. But unfortunately no response has been made by the OP, inspite of several request. In the above circumstances the complainant send a letter to the OP no. 1 through his advocate as on 27.1.2021 by Regd. Post from Serampore P.O wherein the OP was requested for registration of the vehicle. The said letter has been received by the OP no. 1 on 29.1.2021. Inspite of receiving the letter the OP no. 1 did not care the same. In want of registration of the vehicle the complainant is not in a position to use the same since the date of purchase. The complainant has purchased the vehicle to meet his daily requirement. But due to the willful negligence of the OP no. 1 he is not in a position to avail and suffering from extreme mental agony due to noncompletion of sale non registration of the same. Complainant is entitle to get registration of the vehicle, without which mere physical transfer of the vehicle is not sufficient for sale transaction. There is gross deficiency in service by the OP no. 1. Relief sought against the op no. 1 and op no. 2 has been added formally as it was the part of the duty of the op no. 2 for registration of the car and the complainant sought intervention of the op no. 2 for registration of the vehicle but they expressed their helpless condition and told that without the appearance of the vehicle owner/ vendor they can not complete the registration process.
Complainant filed the complaint petition praying direction upon the opposite party to refund of the entire amount of Rs. 3,25,000/- and to pay a sum of Rs. 50,000/- for harassment and to pay a sum of Rs. 50,000/- for mental agony and to pay a sum of Rs. 75,000/- for litigation cost.
Issues/points for consideration
On the basis of the pleading of the parties, the District Commission for the interest of proper and complete adjudication of this case is going to adopt the following points for consideration:-
- Whether the complainant is the consumer of the opposite parties or not?
- Whether this Forum/ Commission has territorial/pecuniary jurisdiction to entertain and try the case?
- Is there any cause of action for filing this case by the complainant?
- Whether there is any deficiency of service on the part of the opposite parties?
- Whether the complainant is entitled to get relief which has been prayed by the complainant in this case or not?
Evidence on record
The complainant filed evidence on affidavit which is nothing but replica of complaint petition and supports the averments of the complainant in the complaint petition.
It appears from the case record that inspite of receiving notice the ops have not appeared therefore, the case be proceeded ex parte against them.
Argument highlighted by the ld. Lawyer of the complainant
Complainant filed brief notes of argument. As per the evidence on affidavit and written notes of argument of complainant are to be taken into consideration for passing final order.
Argument as advanced by the agent of the complainant heard in full. In course of argument ld. Lawyer of complainant has given emphasis on evidence and document produced by him.
DECISIONS WITH REASONS
The first three issues/ points of consideration which have been framed on the ground of maintainability and/ or jurisdiction, cause of action and whether complainant is a consumer in the eye of law, are very vital issues and so these three points of consideration are clubbed together and taken up for discussion jointly at first.
Regarding these three points of consideration it is very important to note that the opposite parties inspite of receiving notice have not filed any W/V and also have not filed any petition on the ground of nonmaitainability of this case due to the reason best known to them. Under this position this District Commission has passed the order of further hearing of this case. On this background it is also mention worthy that the opposite parties also have not filed any separate petition challenging the maintainability point, jurisdiction point and cause of action issue. This District Commission after going through the materials of the case record finds that the complainant is a resident of Uttarpara, Hooghly which is lying within the territorial jurisdiction of this District Commission. Moreover, this complaint case has been filed with a claim of below 50 lakhs and this matter is clearly indicating that this District Commission has also pecuniary jurisdiction to try this case. Moreover, u/s 34 of the Consumer Protection Act, this District Commission has jurisdiction to try this case. On close examination of the pleadings of the complainant it also transpires that there is cause of action for filing this case by the complainant against the opposite parties. Moreover after going through the provisions of Section 2 (1) (e) of the Consumer Protection Act, 2019 it appears that this case is maintainable and according to the provision of Section 2 (7) of the Consumer Protection Act, 2019. Complainant is a consumer in the eye of law.
All these factors are clearly depicting that this case is maintainable and complainant is a consumer of the opposite parties and this District Commission has territorial/ pecuniary jurisdiction to entertain and try this case and there is also cause of action for filing this case by the complainant against the opposite parties. Thus, the above noted three points of consideration are decided in favour of the complainant.
The point no. 4 is related with the question as to whether there is any deficiency in the service on the part of the opposite parties or not? The point no. 5 is connected with the question as to whether the complainant is entitled to get any relief in this case or not? These two points of consideration are interlinked and/ or interconnected with each other and for that reason these two points of consideration are clubbed together and taken up for discussion jointly.
For the purpose of deciding the fate of these two points of consideration and for the interest of getting answers of the above noted questions, there is necessity of scanning the evidence on affidavit filed by the complainant and there is also necessity making scrutiny of the documents filed by the complainant of this case.
For the purpose of arriving at just and proper decision in respect of points of consideration nos. 4 and 5 this District Commission finds that there is necessity of making scrutiny of the evidence given by the complainant. In this regard it is important to note that the ops have neither filed any W/V nor filed any evidence on affidavit to disprove the case of the complainant. On close examination of the evidence given by the complainant side it is revealed that the complainant has categorically described his case in the evidence and the evidence given by the complainant is also supported by documents. It is also revealed that the evidence (oral and documentary) which is given by the complainant side remains unchallenged and/ or uncontroverted as no cross examination has been highlighted in this case by the ops. After going through the materials of this case record this District Commission finds that there is no reason to disbelieve the unchallenged and uncontroverted testimony of the complainant side. It is also transpires that the complainant has proved his case by way of adducing evidence in connection with the points of consideration nos. 4 and 5 which have been adopted in this case.
All the above noted factors are clearly reflecting that the complainant is entitled to get relief in this case which has been prayed by this District Commission.
In the result it is accordingly
ordered
that the complaint case being no. 200 of 2022 be and the same is allowed on ex parte with cost.
Opposite party no. 1 is directed to refund the entire amount of Rs. 3,25,000/- which is the value of the vehicle, in favour of the complainant within 45 days from the date of this order.
Op no. 1 is further directed to pay a sum of Rs. 20,000/- as compensation for harassment in favour of the complainant and to pay Rs. 10,000/- in the Consumer Legal Aid Account, DCDRC, Hooghly within 45 days from the date of this order.
Let a plain copy of this order be supplied free of cost to the parties/their ld. Advocates/Agents on record by hand under proper acknowledgement/ sent by ordinary post for information and necessary action.
The Final Order will be available in the following website www.confonet.nic.in.
