SMT.  CHANDRIMA  CHAKRABORTY,  MEMBER

           Brief facts which are necessary to dispose of this case are re-capitulated as under :-

           In essence, the fact stated in the complaint, is that, the Petitioner has purchased  a motor bike (Honda Shine 21 D model ) from the Opposite Party  No. 1 on 12.10. 2015  with the financial assistance of  the Opposite Party No. 2.  The petitioner paid the down payment  and other charged to the OP no. 1.

            The Opposite Party No. 1 has also taken the charges for doing the registration and insurance of the said vehicle/bike at the time of purchase from the Petitioner. The Petitioner paid all the installments to the Opposite Party No. 2  in respect of the loan. After several requests made by the Petitioner, the Opposite Party No. 1 has handed over one tax token and one slip regarding registration of the said bike but did not supply the original Registration Certificate in connection of the said bike intentionally. Although the Complainant has no due  in payment of the due amount. The Opposite Party No. 2  has also not provided any ‘No Due Certificate’ / ‘NOC’  to the Petitioner. Now due to very urgency, the Petitioner wants to transfer the said bike but for want of the original Registration etc, he cannot do so.

             On 06.10.2017 the Petitioner went to the Show Room  of the Opposite Party No. 1 and also the office of the Opposite Party No. 2 for the original Registration certificate and  the NOC  but they did not care to provide the same what amounts to negligence and deficiency in rendering service by the Opposite Party towards the Petitioner for which being victimized and harassed by the Opposite Party the Petitioner  finding no other alternative than to file the instant case seeking adequate redressal against the Opposite Parties.  

             Despite service of the notice, no Opposite Parties ever appeared before the Forum himself and/or through their representative/Ld. Advocate to contest the case by filing Written Version and so the instant case has been heard ex-parte against both the Opposite Parties.        

                                       Point for Consideration

              The point for determination in the instant case is whether the complainant is entitled to get the relief as prayed for, in the facts and circumstances of the case and in view of the material evidences on record.

                              Decision with Reasons                                                                                                                                                                                                                                                                                                                                                    

   In order to prove his allegation set forth in the complaint, the Complainant deposed in this case as sole witness by way of affidavit and also produced some documents in support of his case.                                                                                   

              The main allegation of the Petitioner are that, in spite of payment whether the Opposite Parties neglected or deficient to provide the original Registration Certificate and NOC or not.

              On overall evaluation of the argument by the Ld. Advocate of the Petitioner and perusing the material documents in record, it is evident that, Petitioner has purchased  a motor bike (Honda Shine 21 D model ) from the Opposite Party  No. 1 on 12.10. 2015  with the financial assistance of  the Opposite Party No. 2.  The petitioner paid the down payment  and other charged to the Opposite Party No. 1.

              The record reveals that the Opposite Party No. 1 has also taken the charges  for doing the Registration and Insurance  at the time of purchase of the said Bike in question. The Petitioner has duly paid all the installments to the Opposite Party No. 2 in respect of the loan regarding the said vehicle/Bike in dispute.

              The Petitioner  thereafter  severally requested  the Opposite Party No. 1 to hand over the said Registration Certificate and  NOC  but instead of delivering the same the Opposite Party No. 1 has handed over one tax token and one slip regarding registration of the said bike in dispute to the Petitioner  but did not supply the original Registration Certificate in connection of the said bike intentionally.  Although the Petitioner  has no due  in payment of the due amount  but  the Opposite Party No. 2  still has not provided any ‘No Due Certificate’ / ‘NOC’  to the Petitioner.

              It is manifestly evident from the record that  afterwards due to very urgency, the Petitioner wants to transfer the said bike but for want of the original registration etc, he cannot do so. On 06.10.2017 the Petitioner went to the Show Room  of the Opposite Party No. 1 and also the office of the Opposite Party No. 2 for the original registration certificate and NOC but they did not care.

              So it is manifestly established that instead of payment of charges by the Petitioner for Registration and  NOC, the Opposite Party has miserably failed to  provide the same towards the Petitioner the unanimous decision of the Forum is that the Opposite Party is liable to provide the same in favour of the Petitioner and also liable to pay the adequate compensation for harassment and mental agony and the litigation cost.

              Moreover, all the allegations made by the Complainant were never challenged by the Opposite Party, even the Opposite Party never appeared to contest the case. Therefore, there are no reasons to disbelieve the unchallenged testimony of the Complainant.

              Thus it is unanimously decided by the Forum that the Complainant is entitled to get the refund of the said paid advanced amount of Rs. 12,000/- only along with adequate compensation for harassment of the Complainant and metal agony suffer by him with his family members.

              Therefore, the Petitioner has successfully proved the case and is entitled to get relief as prayed for, and consequently, the points for consideration are decided in affirmative.

              In short, the Petitioner deserves success.

              In the result, we proceed to pass

                                                       O R D E R

              That the case be and same is allowed on contest against the Opposite Party with cost of Rs. 2,000/- only payable in favour of the Petitioner within one month from the date of this  ‘Order’.

              That the Opposite Party is directed to provide the Registration Certificate and the  NOC in respect of the said vehicle/Bike in issue  towards the Petitioner within one month from the date of this  ‘Order’.

              That the Opposite Party is further directed to pay a sum of Rs. 3,000/- only, as compensation to the Petitioner for harassment and mental agony, within one month from the date of this ‘Order’.

              In the event of non compliance of any portion of the order by the Opposite Party within a period of one month from the date of this order, the Opposite Party shall have to pay a sum of Rs. 100/- per day, as punitive damages, from the date of this order till full satisfaction of the decree, which amount shall be deposited by the Opposite Party in the ‘Consumer Legal Aid Account’.

              Let copies of the ‘Order’ be supplied to the parties free of cost when applied for.