Today is fixed for ex parte argument. The Ld.Lawyer of the complainant is also present. Heard the argument. Order is passed accordingly.
The fact of the case is that the complainant Jayanti Hazra Sarkar purchased one HONDA ACTIVE 125 Motor Cycle from O.P. i.e. Narayani Auto Centre Pvt. Ltd. situated at NH 34 Vivekananda Pally, English Bazar, Malda. At the time of delivery of the said motor cycle the complainant paid cash of Rs. 73000/- including exshowroom price insurance cost, registration cost, motor vehicle tax as one time payment and others.
After taking delivery of the vehicle the O.P. issued the invoice copy and insurance certificate for running the motor cycle from their showroom premises. At that time the O.P. informed the complainant to collect the registration certificate and other relevant documents of the said vehicle on the office of the O.P.
On 3rd day of December, 2017 at 04-00 P.M. when the complainant was learning to ride the motorcycle in the field of their locality the Police Officer of English Bazar Police Station wanted to verify and examine the documents of the motor cycle in question At that time the complainant showed the paper which was issued by the O.P. At that time the Police Officer warned the complainant to collect the rest papers but till 04.03.2018 the document was not supplied by the O.P. On 04.03.2018 when the complainant was driving the vehicle the English Bazar Police Station gave a case bearing Case No. 241 dt. 04.03.2018 u/s. 39/192 of Motor Vehicles Act for which the complainant had to pay fine of Rs. 6000/-. After long gap of time the O.P. issued the documents. As the O.P. did not take any early step for processing to the office of RTO, Malda for handing over the documents to the complainant this is why it is a gross misconduct and deficiency of service on the part of the O.P. The evidence adduced by the O.P. remains unchallenged as such the complainant is entitled to get relief for the defiance of the service on the part of O.P. compensation.
The complainant is entitled to get Rs.6000/-(six thousand) which was paid by him for the case instituted by the English Bazar Police Station as no valid document was issued to the complainant by the O.P. Beside that the complainant is entitled to get Rs. 15000/-(fifteen thousand) for mental pain and agony.
The prayer for realization amount for the month of December, 2017 to March, 2018 to the claim of Rs.20000/- is not tenable as because no statement of accounts for the business carried by the complainant has been filed. Moreover, in anticipation the complainant would earn Rs. 5000/- pm for investment of Rs.70000/- has no basis as because the business may not be profitable. Complainant is entitle to get Rs.2000/-(two thousand) as litigation cost though the complainant has not specifically paid for litigation cost but paid for any other relief or relieves. As such Rs.2000/- is awarded as litigation cost. So the complainant totally gets Rs.23000/-(Twenty three thousand.)
C.F. paid is correct
Hence , Ordered that
The case be and the same is allowed exparte against the O.P. with cost. The complainant get Rs.23000/-(Twenty three thousand) on the ground as mention above.
The O.P. is directed to pay the amount within 45 days on the date of order failing which it will carry interest @ 5% p.a. from the date of filing of this case. In the case of default of payment within the time as fixed by this Forum the complainant will have the liberty to execute the order as per provision of law.
Let a copy of this order be handed over to the complainant free of cost on proper application. Thus the case is disposed of.
