Date of Filing: 05.02.2021 Date of Disposal: 12.05.2022.
Complainant : Partha Kora, S/O Samir Kora, Vill. Baliara, P.O. Baikunthapur,
P.S. Shaktigar, Dist. Purba Bardhaman, Pin 713104.
-VERSUS -
Opposite Party : Poulami Bike Corner, Rep.by –Proprietor Prasenjit Bairagya, having its
office at Hatgobindapur, College More, Dist. Purba Bardhaman, Pin -713407,
Presently- residing at C/O Lona Pakre, Vill. Hatgobindapur (Hari Para).
P.O. Hatgobindapur, , P.S. Shaktighar, Dist. Purba Bardhaman,
Pin -713407.
Present : Mohammad Muizzuddeen -Hon’ble President.
: Mrs. Lipika Ghosh - Hon’ble Member.
Appeared for the Complainant : Sri Suvro Chakraborty -Ld. Advocate.
Appeared for the Opposite Party : None.
FINAL ORDER
ORDER NO: 14 DATED-12.05.2022.
On 05.02.2021 the complainant Partha Kora has filed this complaint u/S 35 of the Consumer Protection Act, 2019 against the OP.
The case of the complainant, in short, is that on 20.01.2020 the complainant purchased one new Motor Cycle of Yamaha Company bearing Model No. YZF R-15(V-3) , bearing engine No. G3K5E0145691 and Chasis No. ME1RG525AK0054413 from the OP, on consideration amount of Rs.1, 73,624.99 and the OP took charge for documents of insurance, registration, tax, pollution certificate etc. The complainant took financial help of Rs.90, 423/- from the financer namely L&T Financial Services. The complainant took deli very of the said motor cycle on the very same day. Since receiving the new motor cycle he has not got any tax invoices, from the OP. The OP was also reluctant to deliver the registration certificate and insurance policy copy. The complainant though several times requested the OP for handing over the said documents. In this way, many times after the request of the complainant, the OP did not do the same by supplying the above documents and on 17.09.2020 and 17.10.2020 the OP gave assurance to the complainant that if the OP failed to make the documents within one month then he will return the purchased money to the complainant and in spite of lapses of the agreed period of one month, the OP failed to take any steps. Lastly, the OP delivered a cheque bearing No. 000003 dt. 25.11.2020 amounting to Rs. 1,73, 624/- to the complainant but the cheque was dishonoured by the bank on the ground of insufficient funds. Under the above circumstances, the complainant had no other alternative but to lodge the complaint. Accordingly, he lodged this complaint before this Commission and cause of action was arisen on 25.11.2020.
He further stated that the conducts of the OP are totally deficient in service e and unfair trade practice. For this reason, the complainant was suffering not only from huge mental pain, agony and harassment but also compelled to keep the vehicle as idol.
Upon this background, the complainant prayed for directing the OP either to handover the tax invoices, registration certificate, tax token, pollution certificate in respect of the said motor cycle to the complainant or to pay Rs.1,73,624 along with interest @ 18% p.a. calculating from 20.01.2020 till realization and also for directing the OP to pay Rs.2 Lakh to the complainant for mental pain , agony and harassment and litigation cost of Rs. 50,000/- .
As the OP did not appear, the case was fixed for ex parte hearing, though the notice was served upon him as because one Ld. Advocate, without filing Vokalatname , appeared in this case on behalf of the OP. The case is heard ex pate.
Findings with Reasons.
In order to prove the case the complainant has filed evidence-on-affidavit and at the time of filing this case he has filed the Xerox copies of purchase receipt, statement of accounts, Foreclosure/Closure Simulation Report, assurance of the OP in non-judicial stamp dt. 17.09.2020 and 17.10.2020, Xerox copy of the cheque and the return memo report and another Xerox copy of the assurance given by the OP in non-judicial stamp which was given on 29.12.2020.
On perusal of those documents, it is found that the complainant purchased the motor cycle on payment of consideration money of Rs.1, 73, 624.99 and the purchase report supports to the same. The statement of account discloses the engine No., Model No., and Chassis No and the said motor cycle was in the name of the complainant. Foreclosure/Closure Simulation Report discloses that he took financial help of Rs.90, 423/- from the financer named L&T Financial Services. Assurance documents dt. 17.09.2020, 17.10.2020 & 29.12.2020 corroborated the fact of the complainant that if the OP fails to supply the documents as stated in the case mentioned above then he will return the purchased money of the motor cycle to the complainant and ultimately the OP delivered a cheqaue amount to Rs.1, 73,624/- as per his promise to the complainant and the Xerox copy of the cheque bearing No. 000003 dt. 25.11.2020 so given by the OP in the name of the complainant and the return memo report issued by the bank concerned disclose that the said cheque was dishonoured due to “insufficient of funds”. Therefore, the factum of dishonoring of the cheque indicates that the complainant could not receive the purchase money from the OP according to his promise. It is found from the complaint that the motor cycle in question is in the custody of the complainant and it was kept as ‘idol’ as because want of those documents the motor cycle in question is not being run by the complainant.
We do not find any reason to disbelieve the unchallenged evidence of the complainant. Accordingly, the complainant has been able to prove that the OP caused deficiency in service. Due to such act of the OP, the complainant suffered from mental pain, agony and harassment.
Under the above facts and circumstances, we are of opinion that the case should be allowed and the complainant is entitled to get relief in this case. As the motor cycle in question is in custody of the complainant and as there is no complaint of defects of goods i.e defects of the motor cycle in question and as there is no prayer to return the vehicle in question and to deliver a new motorcycle in place of it, it would not be proper and justified to pass any order in this respect and as the complainant paid consideration money of Rs. 1, 73, 624.99 in respect of purchasing the motor cycle in question and as it is in his custody without allegation of defects, no such order can be passed to pay Rs.1,73,624.99 along with interest @ 18% p.a. But the order in respect of handing over tax invoices, registration certificate, tax token, pollution certificate, etc. in respect of the motor cycle in question can be passed.
As a result the case succeeds.
Hence, it is
ORDERED
That the Consumer Complaint No. 11/2021 be and the same is allowed ex parte against the OP but without order as to cost.
The OP is directed to hand over the tax invoice, registration certificate, tax token, pollution certificate etc. in respect of the motor cycle in question to the complainant within one month from the date of receipt of this order.
The OP is also directed to pay Rs.50, 000/-(Rupees Fifty Thousand) as compensation for suffering from mental pain, agony and harassment to the complainant within one month from the date of receipt of this order.
The OP is also directed to pay litigation cost of Rs.10, 000/- (Ten Thousand) to the complainant from the date of receipt of this order.
The OP is also directed to pay the above amount of compensation and litigation cost to the complainant within one month from the date of receipt of this order, failing which the said amount shall carry interest @ 15% p.a till realization.
Let a copy of this final order be given to the parties on free of cost.
Dictated & corrected by me.
President
D.C.D.R.C , Purba Bardhaman.
Member
D.C.D.R.C , Purba Bardhaman. President
D.C.D.R.C , Purba Bardhaman.
