Case No. CC/271/2019
COMPLAINANT :1. Mamoni Khanam,
D/o. Abdul Bari Khan ,
Vill.& P.O. West Dogachhi,
P.S. Thanapara, Dist. Nadia.
V-E-R-S-U-S
OPPOSITE PARTIES / 1.Proprietor : KI T.V.S Auto Mobiles,
Kartick Chandra Sarkar,
Vill. Jamtala More (Kanai Khali),
Email Address- garaihonda@gmail.com,
Dist. Nadia, Pin. 741122.
&
House Address:
Kartick Chandra Sarkar,
Son of Surendra Nath Sarkar
of Vill. Santipur, P.O. Gopalpur,
P.S. Karimpur, District- Nadia, Pin. 741122.
Proforma Opposite Party/ 2. Proprietor : T.V.S Showroom,
Opposite of Rabindra Bhaban,
P.O. Krishnagar, P.S. Kotwali,
District- Nadia, PIN- 741101.
(2)
Ld. Advocate(s)
For Complainant: Safikul Alam
For OP/OPs : Subinoy Ghosh
Date of filing of the case :08.08.2019
Date of Disposal of the case : 14.09.2023
Final Order / Judgment dtd.14.09.2023
Complainant above named filed this complaint u/s 12 of the Consumer Protection Act, 1986 against the aforesaid opposite parties praying for direction to supply original Registration Certificate, Road Tax, compensation amounting to Rs.30,000/-, cost of the case and other reliefs.
She alleged in the petition of complaint that she was intended to purchase one Motor cycle/Scooter with the price of Rs.48,470/-. Out of said amount she paid Rs.5,000/- on 12.03.2015 through her father. OP No.1 issued one money receipt to that effect. On 10.02.2015 complainant deposited Rs.10,000/- through her father. On 09.11.2015 complainant deposited Rs.16,000/-. She also deposited Rs.21,000/- on 15.04.2015. By this way she paid Rs.52,000/- in favour of OP No.1. Complainant paid Rs.3,530/- to the OP NO.1 for Insurance and cost of other documents. But OP No.1 did not give papers of the said Scooter/Motor Cycle till date. Hence, the complainant filed this case.
OP No.2 is the authorised dealer of the aforesaid Motor cycle/Scooter.
OP No.1 appeared in this record and filed W/V. He denied the entire allegations of the complainant. He further stated that father of the complainant namely Abdul Bari Khan came before OP No.1 in the year 2015 for purchasing a Scooter (Model No.TVS Zest) with cost of Rs.48,470/-.
On road price was settled as Rs.57,210/-. Said Abdul Bari Khan neither agreed to purchase the same in cash price nor he was agreed to purchase the same on finance. He at that time was R.I of B.L & R.O office Karimpur-II. He deposited some amount and further told that remaining amount will be paid as per his capacity at the rate of Rs.10,000/- per month. Father of the complainant paid Rs.16,000/- on 09.01.2015. He paid Rs.10,000/- on 10.02.2015. He also paid Rs.5,000/- but thereafter, he did not pay any further instalment to the OP NO.1. By this way he paid Rs.31,000/-. Complainant did not pay the remaining amount of Rs.26,210/- in spite of that complainant deposited office charge of Rs.6,166/- before the R.T.O. He prays for dismissal of the case.
(3)
Trial
During trial complainant filed affidavit in chief.
After filing W/V OP No.1 stopped to take any steps in this case. As such OP No.1 could not file questionnaire. So filing of answer of questionnaire was no arised.
Documents
Complainant produced the following documents viz :
- Original copy of Road Challan amounting to Rs.48,470/- dated 09.01.2015..........(One sheet)
- Original copy of Money Receipt amounting to Rs.16,000/- dated 09.01.2015..........(One sheet)
- Original copy of Money Receipt amounting to Rs.10,000/- dated 10.02.2015......(One sheet)
- Original copy of Money Receipt amounting to Rs.5,000/- dated 12.03.2015......(One sheet)
- Original copy of State Transport Department, W.B. dated 23.08.2017......(One sheet)
- Original copy of Insurance Certificate of Two Wheeler Package Policy dated 13.01.2015.........(Three sheets)
Brief Notes of Argument
Complainant filed BNA.
Decision with Reasons
We have carefully gone through the petition of complaint filed by the complainant, W/V filed by the OP No.1, affidavit in chief filed by the complainant, documents filed by the complainant and BNA filed by the complainant. We have carefully considered these documents.
On perusal of petition of complaint filed by the complainant and affidavit in chief filed by complainant we find that complainant corroborated his contention made in the petition of complaint. We also find that complainant paid Rs.16,000/- in favour of OP NO.1 on 09.01.2015 and complainant also deposited Rs.10,000/- through S. Mini Finance on 10.02.2015 and complainant also paid Rs.5,000/- pm 12.03.2015 through S. Mini Finance. Accordingly, we find that complainant deposited Rs.31,000/- in favour of the OP NO.1.
(4)
On perusal of Money Receipt issued by State Transport Department , Nadia R.T.O, West Bengal, we find that M.V Tax, New Registration Fee and other fees has been paid on behalf of the complainant and we also find that total amount of Rs.6,166/- has been paid in favour of the State Transport Department, Nadia RTO. We also find that Insurance Premium amounting to Rs. 1,236/- has been paid for Insurance Policy for the period from 13.01.2015 to 12.01.2016. Complainant stated in her complaint that OP No.1 not yet provided the registration paper of RTO in favour of the complainant. But during trial complainant produced the original papers regarding two sets of fees of Registration papers.
It is the allegation of the complainant that original registration certificate issued by RTO, Nadia not yet been provided in favour of the complainant and for that reason complainant is badly suffering to ply the said Motor Cycle /Scooter on road.
On perusal of record, we find that complainant is the consumer and OP No.1-2 are the service provider.
Having regard to the aforesaid discussion, we are of the firmed view that the complainant has established his grievance against the OP NO.1-2 which are nothing but deficiency in service.
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.1and ex-parte against Pro-OP No.2 with cost of Rs.5,000/- (Rupees five thousand) to be paid by OP NO.1-2 in favour of the complainant.
OP NO.1-2 jointly or severally are directed to provide Registration Certificate of the Motor Cycle/Scooter in favour of the complainant after taking the remaining amount of Rs.26,210/- (Rupees Twenty six thousand two hundred ten) within 45 days from this date failing which complainant shall have liberty to put this order into execution.
(5)
Considering the facts and circumstances of this case no order of compensation is granted in favour of the complainant .
Let a copy of this final order be supplied to both the parties as free of costs.
Dictated & corrected by me
............................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
........................................
MEMBER
(NIROD BARAN ROY CHOWDHURY)
