PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO.104/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Jibardhan Ksheti,

S/o- Chapadhari Ksheti,

At-Podhbadi, PO-Kadobahal, Ps/Tahl-Attabira,

Dist-Bargarh-768102, Odisha.                                               

Mob- 7978174403                                                                  ………......Complainant.

Vrs

Proprietor, Jas Motors,

NH-6, Ainthapali, near Private Bus Stand,

Sambalpur-768004.                                                       ….…........Opp.Parties

Counsels:-

1. For the Complainant         :- Sri. P.K. Padhee & Associates
2. For the O.P.                        :- Sri. S.N.Panda, Adv. & Associates

Date of Filing:22.06.2023,Date of Hearing :27.02.2024, Date of Judgement : 15.04.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant purchased a Honda-Activa-5G standard from the O.P. taking finance from Muthoot Capital for an amount of Rs. 67,231/- on 05.09.20149 and paid margin money of Rs. 13,361/- and service charges of Rs. 3034/-. The O.P. delivered the vehicle having Engine No. JF50ALJT-615108, on 21.08.2019 with insurance papers except registration certificate although received the entire cost. The O.P. deferred the registration inspite of several request, then covid lock down broke. From March 2022 till filing of complaint also not gave the RC Book as a result the Complainant could not ply the vehicle. Due to non-supply, the high security number plate has not been fixed by the Complainant. The Complainant has already cleared up the loan total amount of Rs. 84,140/-.

The O.P. failed to provide proper service and hence complaint was filed.

2. The O.P. submitted that the Complainant purchased the vehicle from KLV Motors Goshala, Sambalpur on 21.08.2019 K.L.V. Motors was a 3^rd party Franchise of Jas Motors Which had billing rights for selling vehicles under the name of jas Motors under the Honda Motorcycle & Scoter in Indian Pvt. Ltd. The third party franchise sell the vehicles granting vehicle tax invoice, insurance, R.T.O. Charges etc. The O.P. never stepped to the show-room of O.P. before 2022. After receiving grievance enquired and found that the vehicle has not been registered with RTO. After Covid-19pandemic KLV Motors was shut down. As per version of 3^rd party franchise the Complainant intended for own choice number which is compulsory to register within 15 days of purchase, but neither franchise nor complaintant submitted vehicular documents.

By end of March 2020 registration process of all BS4 vehicles were stopped by Govt. of India. Accordingly registration was also stopped for BS4 vehicles like the Complainant. The Complainant was proposed to return the vehicle to the O.P. and take back the amount paid by him. Complainant remained silent. Several Correspondences through telephone and whatsapp but the Complainant not responded and filed the complaint. After receipt of notice of the case a letter was sent to the Complainant to retun the unused scooter but no any response came. The complaint suffers from non-joinder of necessary party. The O.P. is ready to pay the cost of the vehicle after deducting depreciation cost as the Complainant using the vehicle regularly. There is no deficiency on the part of the OP. and the Complainant is liable to be dismissed.

3. Perused the documents filed by the Complainant:

1. Invoice dated 21.04.2019.
2. Insurance Certificate cum Policy Schedule of Shriram G.I.C. Ltd.
3. Account Statement of Muthoot capital.

Documents filed by the O.P.

1. Messages sent to Complainant dated 26.07.2023 with whatsapp messages.
2. Letter dated 02.08.2023 of the O.P. with acknowledgement.

4. During the course of hearing the Complainant produced the vehicle and on verification it was found that the vehicle is in running condition and meter stopped at 13170 Kms and not repaired. From the documents filed it reveals that the Complainant purchased the vehicle for Rs. 56,803/-from the dealer, O.P. The Complainant availed loan from Muthoot capital for an amount of Rs. 53,600/- depositing margin money of Rs. 13,631/-.

Vide notice dated 02.08.2023 the O.P. gave proposal to resolve the dispute but the Complainant remained silent.

5. The Complainant purchased the vehicle on 21.08.2019 from O.P. having engine No. JF 50ET 7615090 and chasis No. ME4Jf50ALJT615108 5G model Honda Activa. As per section 41 of the Motor vehicle Act, 1988 the registration was to be caused by the O.P/its franchise as per new provision effective from 01.09.2019. it is the admission of both the parties that due to corona break from 21.08.2019 to March 2022 no step has been taken by the O.P. nor the Complainant approached the O.P. The Complainant failed to file any document to show that the O.P. was insisted upon for registration. Further duty was casted upon the Complainant for registration prior to 01.09.2019 as per new provision. However neither of the parties took any step. In the meanwhile BS4 vehicle registration stopped by the Govt. of Indian from March-2020. In such circumstances when the registration is not possible and Complainant not approached the O.P. the matter became unsolved. The Complainant not filed any single documents to show that prior to filing of this complaint on 22.06.2023 step has taken step before the O.P. In the other hand O.P. submitted after receipt of notices the Complainant was approached to settle the matter vide messages and letter dated 02.08.2023 but the Complainant remained silent.

In such circumstances duties of both the side can not be ignored. Both side became callous and new policy of motor vehicle approached. The O.P. has not filed any document to show that the franchise KLV Motors had taken the charge of registration.

Taking into consideration the circumstances of the case following order is passed:

ORDER

The complaint is allowed partly against the O.P. The O.P. is directed to settle the claim of the Complainant after deducting the depreciation cost of the vehicle and calculation shall be made on cost of the vehicle i.e. Rs. 56,803/-. The Complainant is directed to hand over the vehicle within one month of this order to the O.P. and on production the matter shall be settled within 7 days. The O.P. shall refund the registration cost amounting to Rs. 10,000/- and litigation expenses of Rs. 5,000/-.

Order pronounced in the open court on this 15^th day of April 2024.

Supply free copies to the parties.