Orissa

Jharsuguda

CC/17/2019

Surya Kumar Meher S/O- Hari Meher - Complainant(s)

Versus

Proprietor, M/S Kumar Ventures - Opp.Party(s)

R.K. Sa

02 Dec 2021

ORDER

IN THE COURT OF DISTRICT   CONSUMER DISPUTES REDRESSAL COMMISSION, JHARSUGUDA.

                                                                  C.C.NO-17/2019

Surya Kumar Meher,

S/O-Hari Meher,

       Ro/Po: Kanaktora, Ps: Rengali,

       Dist : Jharsuguda,                                                                      ..……Complainants.

     

Versus

 

1.  Proprietor  M/s Kumar Ventures,

At: Near Toll gate, Bhatli Chowk, Bargarh,

Ps/Dist: Bargarh.

 

2. Branch Manager,

Cholamandalam Investment & Finance Company Ltd.,

BTM Chowk,Jharsuguda. ……..…………Opp. Parties.

 

            Counsel for the Parties:-

For the Complainant                       :-Sri R.K.Sa,Advocate & Associates.                   

For the Opp. Party No.1                 :-Sri S.K. Sahu, Advocate & Associates.

   For the Opp. Party No.2                    :- Sri S. Awasthy,Advocate.

 

 Present:-     1. Shri  Dipak Kumar Mahapatra, President.

                          2. Smt. Anamika Nanda, Member (W).

 

Date of Hearing:- 01.12.2021, Date of Order: 02.12.2021

SRI DIPAK KUMAR MAHAPATRA, PRESIDENT:- Brief facts of the case is that,  the Complainant  on dtd. 01.03.2015 has purchased a new  DOST STRONG LS (Ashok Leyland) having Chassis No-MB1AA2E1FRD93772 and Engine No- EFH012290P from the O.P-1 financed by the O.P-2  in order to earn his livelihood as the Complainant was an unemployed person. The Complainant has paid Rs.1,00,000/- as down payment to the O.P-1 who paid the same to the O.P-2 Financier. The Complainant has paid the entire loan amount to the O.P-2 as per the terms and condition of the Loan Agreement. The Complainant has paid Rs. 30,000/- to the O.P-1 towards Tax and Registration of the said vehicle on dtd.27.04.2015  vide M.R No- 521. Thereafter the Complainant has requested several times to the O.P-1 to hand over the registration certificate along with other documents for the said vehicle but the O.P has not get the vehicle registered with the RTO.Due to non-availability of the documents the Complainant is unable to ply the vehicle on road keeping it in idle condition at his house. The O.P has expressed his inabilities to provide the R.C Book and other relevant documents on dtd. 03.02.2019 and the Complainant has decided to seek relief from this Commission.For the deficiency in services committed by the O.Ps.

That the O.P-1 has stated that the Complainant has purchased the said vehicle from the O.P-2. He has purchased some accessories and fitted with the vehicleand the price of the accessories are additional to the price of the vehicle. As such the Complainant has paid Rs.30,000/- to the O.P-1 vide M.R No-521 dtd. 27.04.2015 and he has not provided any illegal bill to the Complainant. He denied all the allegations made by the Complainant relating to payment of registration tax etc by the Complainant. He has denied to have committed any deficiency in service for which theComplainant is unable to ply the vehicle on the road.The O.P-1 has delivered the sale letter, purchase bill, owners’ manual to the Complainanton the day of sale.

 

POINTS OF DETERMINATION:-

1. Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
2. Whether the O.P has committed any Deficiency in Service to the Complainant?

 

From the above discussion we inferred that the deceased was a consumer of the O.P as he has purchased a DOST STRONG LS (Ashok Leyland) having Chassis No-MB1AA2E1FRD93772 and Engine No- EFH012290P from the O.P-1 financed by the O.P-2 on payment of consideration. That the O.P-1 has sold the Truck to the Complainant after receiving the payment from the financier which includes the charges towards Registration and other fees. But the O.P-1 has not provided the R.C. Book and Smart Card to the Complainant till the filling of this case, rather harassed her as being a poor man he has several time visited the showroom of the O.P-1. So it can be clearly observed that the Opp. Party has intentionally delayed the Registration of the said Truck for which the Complainant has suffered a lot. The Complainant is using the Truck without any valid and genuine documents where there was every chance of theft or accident where exists risk by life of the Complainant. Recently the amendments to the Motor Vehicle Act were passed by the Parliament which has been come into effect from September 1, 2019 for which there is a heavy penalty for driving errors. In this situation it is a matter of high risk for a person to drive any vehicle without valid papers relating the vehicle along with driving license, helmet etc,.  where there  is every chance of  being trapped and to bear  fines.  Again the Opp. Party has a fraudulent intention for which has not got the motorcycle Registered in due time and misuse the money of the complainant. The matter is well settled in the case of “Sanjay Agrawal vs. Authorized Officer & Others” decided by Chhattisgarh State Consumer Disputes Redressal Commission, Pandri, , Raipur (C.G). on 3^rd  May, 2014. Again on verification of the money receipt issued by the O.P-1 vide M.R No-521 dtd. 27.04.2015, it has been written as the amount of Rs. 30,000/- received towards the TAX AMOUNT for Dost Strong where as in the written statements Sub-Para No-3 of Para No-3, the O.P-1 clearly stated that he has received the above amount towards the accessories purchased by the Complainant, fitted in the said Truck and both the statements are self contradictory and mismatched. Hence the intention of the O.P-1 is not clear and it amounts to deficiency in service U/S 2(47) of Consumer Protection Act-2019. Hence we order as under :

ORDER.

The Complaint petition is allowed. The O.P-1 is directed to deliver the Smart Card and R.C particulars of the said Dost Strong Truck Hero to the Complainant within 15 days of receiving this order. Further the O.P-1  is directed to refund the amount of Rs.30,000/- (Rupees Thirty Thousand) taken illegally. Further he is directed to pay Rs. 2,00,000/-(Rupees Two Lakhs) only  as compensation for loss of income, harassment and mental agony of the petitioner and Rs.50,000/- (Rupees Fifty Thousand ) as the interest on the cost of vehicle to the petitioner  within 30 (Thirty ) days of receipt of this order failing which the O.P is liable to pay penal interest of 9% per annum on the above amounts.

              

Office is directed to supply the free copies of the order to the parties receiving acknowledgement of the delivery of thereof.

     

Order pronounced in the open court today i.e. 2ndday of December, 2021 under my hand and seal of this Commission.

           I      agree,                                        

                       

      MEMBER                                                                                PRESIDENT.

        Dictated and Corrected

              by me.

 

          PRESIDENT.