Sri Jagadish Chandra Barman, Member:
The facts leading to the filing of the instant case by the complainant may be epitomised as follows:-
The Complainant [Dipanditya Mondal] being aggrieved upon the O. P. filed this instant Case on 14.12.2020 before this Ld. Commission for proper adjudication and getting some reliefs. The complainant has stated that he wanted to purchase a two wheeler bike / motor cycle for his personal use and for the same purpose, he visited the showroom of the O. P. The personnel of the O. P. showed him few models as well as informed mileage, pick up quality, engine, colours and prices of the two wheelers. Thereafter, the complainant choose one Glixer[blue] SP 2 Wheeler of Suzuki Motorcycle India Ltd. Then he booked a motor cycle and paid by cash Rs. 97,000=00 only .Then the O. P. issued a money receipt to the complainant vide no-27, dated 28.6.2018.
The Complainant has stated in his complaint petition that he paid Rs. 97,000=00 only including fees for the Registration, road tax, insurance of the two wheeler etc. But the O. P. did not mention these amount categorically in the money receipt vide no-27, dated 28.6.2018.The O. P. verbally affirmed that he [ O. P.] would provide these service positively. The O. P. also delivered the said vehicle to the petitioner in time and promised verbally to issue the documents of the Registration, road tax, insurance of the two wheeler etc. But till the date of filing this complaint petition, the O. P. did not provide the said documents. Then the petitioner met with the O. P. several times and claimed to get the said documents mentioned categorically for the Registration, road tax, insurance of the two wheeler etc. But the O. P. did not provide him the documents of the Registration, road tax, insurance of the two wheeler etc.
As a result, the complainant cannot go out with the said two wheeler because if he goes out, his two heeler vehicle may be seized and fined/harassed by the Transport Department of the Govt. of West Bengal and Police Department for having no documents of the Registration, road tax, insurance of the two wheeler as well as pollution Certificate etc. Hence, this two wheeler becomes now a showpiece/useless for the petitioner. But he has paid his hard earned money to the O. P.
Finding no other alternative, the complainant filed this instant case being No C.C.NO. 93/2020 on 14.12.2020 for proper adjudication and has sought the following reliefs:-
- An order be issued upon the Opposite Party to refund the paid amount Rs. 97,000=00 only with interest;
Or an order be issued upon the Opposite Party to complete and issue the documents for the Registration, insurance, road tax, pollution certificate and to hand over the same to the Complainant;
- An order be issued upon the Opposite Party to pay compensation amount to the tune of Rs. 1,00,000=00 only for his unfair trade practice and deficiency in service;
- An order be issued upon the Opposite Party to pay cost of litigation Rs. 20,000.00 only; and
- Any other order be issued upon the Opposite Party as the Ld. Commission may deem fit and proper.
Accordingly, the Ld Commission issued show cause notice and as per postal track reports, show cause notices were served to the O. P. respectively on 12.01.2021 and after rectification on 21.12.2021. Accordingly, the O. P. also filed his written version on 28/2/2022.
In his W. V. the Opposite Party has stated that this instant case is not maintainable in this Ld. Commission as well as he [ O. P. ] has denied each and every allegation mentioned in the complaint petition. The opposite party has also stated that there is no cause of action to file this complaint petition against the O. P. Hence, it is liable to be dismissed in limine.
In the written version, the O. P. has stated that Sambhu Nath Purokait is not the proprietor of M/S. Maa Kali Auto Centre. M/S. Maa Kali Auto Centre is the authorised dealer of “Suzuki” two wheeler as well as a reputed dealer in the locality. The O. P. acts as a mere facilitator /commissioned agent for selling the Suzuki two wheelers and he receives commission only. He receives consideration money from the purchaser and thereafter, he delivers the contracted two wheelers with money receipts.
In this relation, the Complainant visited the show room and after going through the details mentioned in the manual, leaflets and other documents , choose the 2 wheeler motor cycle being Glixxer[blue] SP, Engine no.-BGA1-541826, CHESIS NO.-MB8NG4BAF J8342582. The O. P. has categorically denied that he took any amount for Registration of the two wheeler, road tax and insurance etc. He took only the value of Rs 97,000.00 only for the 2 wheeler from the complainant. He also issued money receipt vide no.-27, dated 28.6.2018 to the complainant. The O. P. sold one Glixer[blue] SP 2 Wheeler of Suzuki Motorcycle India Ltd. to the complainant and delivered it to him in time. The money receipt vide no.-27, dated 28.6.2018 was issued as value of the said 2 wheeler. There was no amount paid by the complainant for the purpose of Registration of the delivered two wheeler, road tax and insurance etc.
The O. P., in this instant case, has opined that the matter of Registration and road tax of the delivered 2 wheeler motor cycle was a subject between the Regional Transport Authority and the Complainant. The O. P. has also argued that the insurance matter is also subject between the Insurance Company and the Complainant. The complainant did not apply to the concerned authorities in time due to his negligence as well as ignorance. Hence, it is clear that the complainant has filed this instant case with a motive to extract unlawful gains from the O. P.
Ergo, there is no deficiency in service and unfair trade practice occurred on behalf of the O. P. So, there is no question to pay litigation cost, compensation amount and refund of paid amount to the Complainant.
Upon the averments of the both sides, the following points are formulated:-
POINTS FOR DETERMINATION
1]. Is the Complainant a ‘Consumer’?
2]. Is the O. P. guilty of deficiency in services and unfair trade practice as alleged by the Complainant?
3]. Is the Complainant entitled to get relief /reliefs as prayed for?
EVIDENCE/BNA ETC. OF THE COMPLAINANT/O.P.
The Complainant filed his evidence on affidavit on 09/3/2022 and BNA on 14.9.2022. The Evidence of the O. P. and B.N.A. was filed on 14 Sept. 2022.
DECISIONS WITH REASONS.
Point No-1 :-
The Complainant wanted to purchase a two wheeler motor cycle for his personal use and for the same purpose, he visited the showroom of the O. P. The personnel of the O. P. showed him few models as well as informed mileage, pick up quality, engine, colours and prices of the two wheelers. Thereafter, the complainant choose one Glixer[blue] SP 2 Wheeler of Suzuki Motorcycle India Ltd. Then, he booked a motor cycle and paid by cash Rs. 97,000=00 only .The O. P. issued a money receipt to the complainant vide no-27, dated 28.6.2018.
Therefore, there is no doubt that the complainant is a `CONSUMER` under Section 2[7] of the Consumer Protection Act 2019 and the Opposites Party is a service provider. As such, point no. 1 is decided in favour of the Complainant but against the O. P.
Point No-2 :-
In relation to point for determination no. 2- ‘’Is the O. P. guilty of deficiency in services and unfair trade practice as alleged by the complainant?”- it is relevant to opine that in this instant case, the complainant paid Rs. 97,000=00 only to O. P. by cash to get one Glixer[blue] SP 2 Wheeler of Suzuki Motorcycle India Ltd. The Complainant stated that he paid this amount of Rs. 97,000.00 only including fees for the Registration, road tax, insurance of the two wheeler etc. But there is no documentary evidence to prove that the complainant paid Rs.97,000/- only including payment for the Registration, road tax, insurance of the two wheeler motor cycle.
Normally, the seller/authorised agent receives money for the Registration, road tax and insurance amount from the purchaser if he/she agrees. Thereafter, the purchaser issues money receipts to the purchaser. The seller/authorised agent then submits the forms for the Registration of the contracted vehicle as well as choices the name of Insurance Company as per his/her willing for filing these before the appropriate authorities. But in this instant case being no- 93/2020, there is no iota of filing the forms for the Registration, Road Tax payment and payment for the Insurance etc.
The Complainant filed a money receipt vide no-27 dated 28/6/2018 issued by the O. P. [MAA KALI AUTO CENTRE Suzuki] in which it is clearly mentioned that the Complainant paid Rs. 97,000.00 [Rs. Ninety seven thousand] only by cash for the prices of the 2 wheeler motorcycle Glixxer [blue] SP. Nowhere, in this receipt is mentioned that payment was taken for the purpose of Registration of the delivered 2 wheeler motor cycle being Glixxer[blue] SP, as well as for the purpose of making engagement of a Insurance Company etc. But there are documentary evidences enclosed in the record to prove that the O. P. provided for 4 times services to the sold 2 wheeler motor cycle being Glixxer[blue] SP, Engine no.-BGA1-541826, Chesis no.-MB8NG4BAF J8342582.
The O. P. personally did not take any initiative in time to fill up the form for Registration of the purchased Glixer[blue] SP 2 Wheeler before the Regional Transport Officer of the Transport Department, Govt. of West Bengal. The complainant also did not file any form in time for getting Insurance of the 2 wheeler in question before any Insurance Company.
As a result, the purchaser cannot go out with his purchased Glixer[blue] SP 2 Wheeler of Suzuki Motorcycle India Ltd. as his purchased Glixer [blue] SP 2 wheeler motor cycle may be seized by the Transport Department/Police on the road.
Hence, the O. P. is not guilty of deficiency in services under section 2[11] and unfair trade practice under Section 2[47] of the Consumer Protection Act 2019.
As such, point no. 2 is decided against the Complainant but in favour of the O. P.
Point No-3:-
“Is the complainant entitled to get relief /relieves as prayed for?”- it is relevant to opine that the complainant paid Rs. 97,000.00 only to meet the consideration amount of the purchased 2 wheeler motor cycle being Glixxer[blue] SP, Engine no.-BGA1-541826, Chesis no.-MB8NG4BAF J8342582.The O. P. also delivered the 2 wheeler motor cycle in question to the complainant in time..
Hence, it is clear to us that there is no deficiency in service under Section 2[11]and unfair trade practice under Section 2[47] of the Consumer Protection Act 2019 occurred on behalf of the O. P. as alleged by the petitioner/complainant.
As such, point no. 3 is decided against the Complainant but in favour of the O.P.
As a result, the complaint case fails.
Hence, it is
ORDERED
That the complaint case be and the same is hereby dismissed on contest against the petitioner/complainant without any cost.
But the complainant is given liberty to file application for the registration of his purchased two wheeler motor cycle being Glixxer [blue] SP to the R.T.O., Transport Department in his area. He is also at liberty to file his application before the Insurance Company of his choice to get his two wheeler insurance as well as to collect pollution certificate if he wishes to collect from the competent authority.
Let copies of the order be supplied to all the parties concerned in either speed post /registered post free of cost as per rule.
The final order be also available in www.confonet.nic.in .
Prepared and Corrected by me.
( Shri Jagadish Chandra Barman)
(MEMBER)
