Ld. Advocate(s)
For Complainant: Subhasis Roy
For OP/OPs : Abhinandan Biswas
Date of filing of the case :17.08.2022
Date of Disposal of the case :17.03.2023
Final Order / Judgment dtd.06.03.2023
Complainant Pratima Pal Sarkar files the present complainant against the aforesaid opposite parties under section 35 of the Consumer Protection Act, 2019 alleging deficiency in service and prayed for direction to the opposite parties to pay a sum of Rs. 1,00,000/- as compensation for causing mental pain, agony, harassment and litigation cost amounting of Rs.20,000/-.
It is the allegation of the complainant that he had purchased one Scooter having model no. Grazia Std. mode of Honda and for the same she paid Rs. 63,049/- and apart from that she also paid Rs. 21,451/- for registration, insurance etc. After that OP gave proper money receipt of Rs. 84,500/- on11.03.2020 and delivered the scooter to the complainant.
Complainant submitted insurance policy dtd. 13.03.2020 but OP did not provide the documents of registration of vehicle .
Complainant could not drive the scooter for want of registration certificate. Complainant asked the OP for the same on 13.08.2021 and 19.01.2022 but did not get any fruitful result.
On 11.03.2020 OP delivered the scooter after taking a total amount of Rs. 84,500/- for charges of registration and insurance. After purchase of said scooter complainant went to the showroom of OPs on several times to get his certificate of registration, tax receipt and number of said scooter but OPs did not give the same. They only gave insurance policy of the said scooter.
We find from the order no.6 dtd. 21.10.2022 that in spite of receipt of the notice, OP No. 2 not yet appeared in this commission, nor filed W/V. Accordingly the case has proceeded ex-parte against him.
OP no. 1 filed W/V and denied the entire allegations.
Trial
During trial complainant Pratime Pal Sarkar filed affidavit in chief and also filed certain documents.
Documents
Following documents have been produced on behalf of the complainant viz :
- Original copy of Road Challan dtd. 11.03.2020.........(One sheet)
- Original copy of Money Receipt amounting to Rs.63049.00 dtd. 11.03.2020......(One sheet)
- Original copy of Insurance issued by Reliance General Insurance Co. Ltd......(One sheet)
Brief Notes of argument.
Complainant in support of his case filed Brief Notes of Argument dtd. 14.03.2023. OP no. 1 not yet filed any affidavit- in-chief nor filed any document.
Decision with Reasons
It is the allegation of the complainant that he purchased the aforesaid scooter from OPs and paid Rs.84,500/- (Rupees eighty four thousand five hundred only) to them with the assurance that they will give documents of the scooter within one month but they did not give the same in favour of the complainant.
The present dispute relates to business transaction in between complainant and opposite parties. Present dispute also relates to the fact that OP No.1-2 gave assurance to provide necessary documents which are required to ply a scooter on road but they did not provide the same in favour of the complainant. From the description of opposite parties, mentioned in the petition of complaint we find that OP No.1 is the local representative of OP No.2.
From the aforesaid allegation of the complainant and considering the documents on record we are of the firm view that complainant is the consumer under the provision of Consumer Protection Act, 2019.
On perusal of document dated 11.03.2020 we find that complainant purchased one scooter being Chassis No. ME4JF49HLKW028172 Engine No.- JF49EW2080691 and took the said scooter from the OP.
It is the allegation of the complainant that at the time of purchase of aforesaid scooter OPs have assured that they would arrange registration of the said Motorcycle, payment of life time tax and payment of Insurance amount and also arrange other documents of the said vehicle. As per demand of the OP complainant was agreed to pay the money which were required for the arrangement of aforesaid documents. Complainant alleged that he paid Rs.85,500/- (Rupees eighty four thousand five hundred only) as cost of the scooter and expenditure relating to aforesaid documents.
On perusal of the money receipt dtd. 30.10.2019 we find that complainant already paid Rs.84, 500/- (Rupees eighty four thousand five hundred) .
On perusal of original policy documents we find that policy of the aforesaid vehicle was issued on 13.03.2020 and amount of the Insurance Premium is Rs.5,197/- (Rupees five thousand one hundred ninety seve. twelve).
It is the allegation of the complainant that in spite of receipt of aforesaid amount OPs only provided Insurance Policy to the complainant but till date OP not yet provided any document such as Registration, Life Time Tax of aforesaid scooter and other documents which are required for the purpose of ply of aforesaid scooter.
OP NO.1-2 not yet appeared in this record so we could not know as to why they did not supply the aforesaid documents in favour of the complainant.
Ld. Adv. for the complainant further argued before this Commission that without proper documents of the scooter such as registration document, document relating to payment of tax of the scooter it is not possible for the complainant to ply the aforesaid scooter because it is the gross violation of Motor Vehicle Act. Due to non-supply of aforesaid documents by the OP NO.1-2 complainant is not in a position to use the aforesaid scooter.
On perusal of Insurance Policy we find that said document was issued on 13.03.2020 where as vehicle was delivered on 11.03.2020.
As per section 41 of the Motor Vehicle Act, 1988, in case of a new motor vehicle, the application for registration in the state shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same state in which the dealer is situated.
Having considered the facts and circumstances of this case, evidence on records and documents on record we find that complainant has able to established that OP No.1-2 did not provide the documents of the vehicle such as registration documents of aforesaid scooter, document relating to payment of life time tax and other documents which are necessary to ply the Motorcycle on road and the aforesaid act on the part of OP No.1-2 are nothing but deficiency in service.
Due to the aforesaid act of OP No.1-2 complainant is not in a position to ply the aforesaid scooter on road as a result he sustained mental pain and agony and accordingly complainant is entitle to adequate amount from the OP No.1-2 as compensation.
So necessary direction should be given to OP No.1-2 for arrangement of aforesaid documents such as registration documents of aforesaid scooter, document relating to payment of life time tax and other documents which are necessary to ply the scooter on road.
In the result present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed on contest against OP no.1 and allowed ex-parte against OP No. 2 with cost of Rs.3000.00(Rupees three thousands) to be paid by OP No. 1-2 in favour of the complainant.
OP No.1-2 jointly or severally are directed to arrange the documents of the aforesaid scooter such as registration document, documents relating to payment of life time tax and other documents which are necessary to ply the aforesaid scooter on road within one month alternatively OP No.1-2 are directed to refund the amount of Rs.84,500/- (Rupees eighty four thousand five hundred) along with interest @ 9% per annum from 11.03.2020to till the date of actual payment after taking delivery of the aforesaid scooter from the complainant within next one month i.e within two months from this date failing which complainant shall have liberty to put this order into execution.
OP No.1-2 jointly or severally are directed to pay Rs.10,000/-(Rupees Ten thousands) to the complainant as compensation for his physical harassment and for his mental pain and agony within one month from this order failing which complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to the complainant as free of cost.
Let a copy of this order be sent to OP No.1-2 for compliance.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
