Judgement dated 18.07.2022
Smt. Sangita Paul, Member
This is a case filed by Sri Ratan Adhikari, S/o. Late Nimai Adhikari of Village–Jaipur,P.O.–Hansmuri,P.S.-Magrahat,Dist.-24Pgs(South), Pin – 743 609 against the Proprietor of Hossain Automobiles of Village-Beladanga, P.O. – Dakshin Barasat P.S.-Joynagar, an authorized signatory of Bajaj Finance Ltd. of Salt Lake, Kolkata-700 091 and 112A, Narayani Complex, Kolkata – 700 029 with a prayer for a direction to the O.P. No.1 to complete the registration of the said two wheeler in favour of complainant and also hand over the smart card and on road papers to complainant and if not possible to do the registration and return Rs.89,000/- with interest and take back the two wheeler and the OP No.2 to stop loan Account instantly, if OP No.1 fails to do the registration, Smart Card and on road papers of the said two wheeler and return necessary amount and hand over loan clearance certificate to the complainant, to the OPs 1 & 2 to pay Rs.1,00,000/- only to complainant for his harassment and suffering from mental paid and agony and to pay a sum of Rs.20,000/- only as litigation cost.
OP No.1 is a proprietor of Hossain Automobiles. The shop is situated at Beladanga, P.O.-Dakshin Barasat, P.S.-Joynagar, Pin-743 372.
OP No.2 is the authorized signatory of Bajaj Finance Ltd. The institution is situated at infinity bench mark 12th Floor. The Office is situated at 1201, Plot G1, EP and GP Block, Sector-V, Salt Lake City, Kolkata-700 0 91.
Another address is, 2nd Floor, 112A, Narayani complex. Rashbehari Avenue, near Lake Mall. Above H.D.F.C. Bank Ltd., Kolkata-700 029.
Complainant, by filing this case states that he had an urgent requirement of a two wheeler for his daily transport. So he went to OP No.1 to purchase the two wheeler. OP No.1 offered Pulsar 125 Near CBS Disc two wheeler and assured to complete the registration and Smart Card and hand over on road papers. On assurance of OP No.1 on 28.10.2019, complainant purchased the said two wheeler at Rs.81569/-. Complainant made a down payment of Rs.22,000/- and the rest of the amount was financed by the OP No.2. On 28.10.2019 the OP No.1 delivered he said bike vide challan No.2414, wherein all the details are written. OP No.1 had the responsibility to complete the registration and to hand over the Smart Card and on-road papers to the complainant and the OP No.1 took few days to complete the formalities. Thereafter complainant went to OP No.1 for registration of the said vehicle and for other pending paper works. But OP No.1 gave no importance to the urgency of the complainant. OP No.1 started deferring the dates one after another. Complainant purchased the bike for his daily use. He spent his hard earned money. But he cannot use it on road due to the absence of some formalities and necessary papers. The subject two-wheeler was unregistered. In spite of having his vehicle, complainant has to spend lots of money for transportation and his valuable time is also lost. Later it was heard that the Government of India (Transport Department) has stopped registering this type of two wheeler. OP No.1 had a malafide intention. So, OP No.1 could not complete the registration. OP No.2 approved the loan. Due to deficiency in service and unfair trade practice adopted by the OPs complainant faced huge monetary loss. Complainant faced difficulty due to wastage of time.
That the cause of action arose on 28.10.2019 i.e. the date of purchase of the said vehicle and it is still continuing.
In the above facts and circumstances, complainant prays for directing OP No.1 to complete the registration of the said two-wheeler in favour of complainant, if there is any provision and also hand over the Smart Card, and on-road papers to complainant or to return Rs.89,000/- (down payment Rs.22,000/- + loan amount Rs.67,000/-) with interest to the complainant and take back the said two wheeler complainant also prays for a direction upon OP No.2 to stop the said loan account instantly, if OP No.1 fails to do the registration and supply the Smart Card and on-road papers of the said two-wheeler and return necessary amount and hand over clearance certificate to complainant. Complainant also prays for a direction upon the OPs to pay Rs.1,00,000/- for his harassment and suffering from mental pain and agony and to pay a sum of Rs.20,000/- as litigation cost.
OP No.1 in the written version states that the complainant Sri Ratan Adhikari purchased a two wheeler from the Hossain Automobiles. Complainant made a down payment of Rs.22,000/- to the proprietor of Hossain Automobiles on 28.10.2019 and purchased the two wheeler. OP No.1 went to OSL Auto Private Ltd. (Bajaj) who is the main dealer of Bajaj Auto Private Ltd. for registration of two wheeler which are in the nature of BSIV. The dealer informed that the Department of Transport, Govt. of India stopped the registration of two wheeler which are of the nature of BS IV. On that very date the OP No.1 informed the matter to complainant so it is not possible for OP No.1 to supply registration certificate, smart card and other supporting papers in favour of complainant.
Earlier OP No.1 was totally unaware of the fact. After the complainant purchased the motorcycle OP No.1 tried their level best to issue registration certificate, smart card and other supporting documents from the competent authority for the said two wheeler, but the concerned authority stopped registration of BS IV motor bykes.
OP No.1 states that they wanted to take back the vehicle from complainant but complainant is not in a position to return the motor cycle.
OP NO.1 submits that he wanted to replace the BS IV motor byke through the same finance i.e. Bajaj Finance Ltd.
OP No.1 prays for showing cause to complainant.
OP No.2, Bajaj Finance Limited, in the written Version states that OP No.2 is not at all liable and responsible for any kind of registration of the subject vehicle. OP No.2 was only a financer.
OP No.2 states that complainant himself approached the Op No.2 and requested for financial facility for purchasing a two wheeler, Bajaj Pulsar, the motorbike was selected by complainant only. Complainant executed and signed a loan agreement. The monthly installment payable was Rs.2439/- only. The contract period was for 36 months.
Any dispute or difficulties of any nature whatsoever shall not entitle the borrower to withhold or delay payment of any EMI. That the product is a security to this loan transaction and shall stand duly hypothecated in favour of BFL till the entire dues are duly paid. Complainant has grossly violated the terms and conditions of the loan agreement.
OP No.2 is a financer and is not in a position to resolve the dispute of complainant. Complainant is under the responsibility to repay the loan without any default.
Complainant has no cause of action to file this complaint against OP No.2, there is no deficiency in-service adopted by OP No.2. It is denied that complainant suffered inconvenience due to unfair act of OP No.2
The complainant case was admitted on 10.08.2021. Notice was sent to the OPs. OP No.2 appears on 08.10.2021 and filed written version. OP No.1 appears on 27.10.2021. On 18.11.2021, OP No.1 files W/V. Ld. Lawyers of the OPs 1 and 2 prays for time for filing questionnaire. Several dates were passed. On 08.04.2022 OP No.2 states that he would not file any questionnaire. Heard arguments of complainants and the OPs and we proceeded for giving judgement.
Points of Consideration
- Is the complainant a consumer?
- Are the OPs guilty of deficiency in service and unfair trade practice?
03.Is the complainant entitled to get relief as prayed for?
Decision with Reasons
- On perusal of existing records and document, it appears that the complainant purchased a two-wheeler from Hossain Automobiles of Dakshin Barasat. Complainant was not very much experienced about this matter.. Hossain Automobiles is a showroom of two wheeler and four wheeler vehicle. OP No.1 offered Pulsar. Name of the vehicle was Pulsar 125 Near CBS DISC. From the invoice, it appears that on-road price of the vehicle was Rs.84,069/- - Rs.2,500/- =Rs.81,569/- Complainant made a down payment of Rs.22,000/-. The amount of monthly installment was fixed a Rs.2,439/-. Complainant had to pay 36 installments. Complainant bought the two wheeler on 28.10.2019. EMI started from 03.12.2019 The challan shows that the chasis No. of the vehicle was MD2B64 BYIKR939260 and the Engine No. was DHYRKG90609.After payment, complainant was also given a delivery certificate on the date of purchase i.e. on 28.10.2019. Complainant also received a battery warranty card. After 8 months of the purchase i.e. on 29.06.2020, complainant went to service centre and paid Rs.360/- for servicing of the said vehicle. As the complainant bought the vehicle, by making a down payment of Rs.22,000/- he is a consumer under Section 2(5) of the Consumer Protection Act, 2019. So, the first point is settled in favour of complainant.
02.Though complainant bought Bajaj Pulsar 125 NEON CBS DISC, he could not use the vehicle. He bought the vehicle by making a down payment of Rs.22,000/- and he also produced receipt in this regard, yet he was debarred from using the subject vehicle. He was paying installment to OP No.2 regularly, but could not use the vehicle. The vehicle was not in road-worthy condition. He could not use the two-wheeler, but he had to make servicing of the vehicle to keep the same in running condition. Still complainant could not use the vehicle. Complainant fulfilled all the formalities. OP No.1 introduced OP No.2 with the complainant. The rest amount of the vehicle was financed by Bajaj Finance Ltd. OP No.1, i.e. Hossain Automobiles assured the complainant of registration. The proprietor of showroom also assured of providing smart card and on-road papers. Till 27.07.2021, complainant could not receive the said papers from OP No.1. Not only that as his vehicle was not registered, he could not use the vehicle. He paid the initials, paid the installments, but deprived of getting the required papers. OP did not assist the complainant, they did not pay any heed to complainant’s words. Complainant was harassed for several time. He spent time in mental agony due to negligence, unfair trade practice and deficiency in service of OP No.1. He spent his hard-earned money to purchase the two wheeler, but this motorbike has become useless. The said motorbike is not worthy to ply on road. Still complainant had to pay Rs.360/- as service charge. Complainant purchased the two wheeler for saving time but the contrary happened. OP No.1 in the written version stated that he was willing to replace the motorbike of complainant, but they did not approach to complainant and replaced the two wheeler. OP No.1 is responsible for this inconvenience of the consumer. OP No.1 is negligent in discharging his service. The inconvenience caused to the complainant is due to the deficiency in service and unfair trade practice adopted by OP No.1. Hence, the second point is settled in favour of complainant.
03. Complainant bought the motorcycle for using it. But the OP No.1 did not help the complainant to register the said vehicle. Complainant bought the vehicle from the showroom of OP No.1. Still OP No.1 did not cooperate with the complainant. OP No.1 was delaying registration on one pretext or the other. Complainant came to know that the Department of Transport, Govt. of India stopped registration of BS IV (Bajaj pulsar 125 NEON CBS DISC). OP No.1 sold he bike by suppressing the fact. Complainant is facing trouble. OP No.1 at the time of hearing revealed that they would register other bikes excepting Bajaj Pulsar, Knowing, all the facts OP No.2 sanctioned loan. Complainant bought the vehicle, he was disbursing the loan amount, but with no effect. If it is not possible to register the said bike, complainant will suffer immensely for no fault of his own. Complainant faced huge loss. Hence, he is entitled to relief as prayed for.
In the result, the complaint case succeeds.
Hence, it is,
ORDERED
that the instant case be and the same is allowed on contest with cost of Rs.20,000/-.
OP No.1 is directed to complete the registration of the Bajaj Pulsar Motor Cycle in favour of complainant and submit all requisite papers or to replace the BS IV motor cycle with the motor cycle of the same category with all requisite papers to the complainant within 60 days from the date of this order.
Complainant is directed to return the motor cycle after receiving a new motor cycle of the same category of BS IV.
OP No.2 is directed to adjust the EMI with the new two wheeler within the stipulated period and complainant is directed to clear up the EMIs on the stipulated period.
That the OPs jointly or severally are directed to pay compensation to the
tune of Rs.50,000/- only to the complainant for harassment and suffering from mental pain and agony.
Let a copy of the order be supplied to the parties concerned free of cost.
That the final order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
(Sangita Paul)
Member
