Sri Ashoke Kumar Pal, President.
Stripped off unnecessary details, the case of the complainant in a nutshell is that the complainant purchased a two-wheeler (Honda CD 110) at a valuable consideration of Rs. 54,514/- out of which down payment of Rs. 12,700/- have been made and EMI of Rs. 1,690.00 X36 months (Annexure-A). The O.P. delivered the motorcycle to the complainant on 03.08.2017 (admitted in W.V.) and promised that registration, smart card and other connected documents will be given within three months. The O.P. even after expiry of three months did not supply the complainant the smart card and other documents of the said two-wheeler (Honda CD 110) despite repeated requests by the complainant. The complainant filed a complaint before the Assistant Director of Consumer Affairs and Fair Business Practices of South 24 Parganas. But the dispute could not be solved and hence this case.
The O.P. appeared in this case and contested the same by filing W.V. contending that the complainant purchased a two-wheeler (Honda CD 110) which was delivered to him on 03.08.2017. The service book and the owner’s manual were handed over to him on 10.08.2017 along with insurance papers and tax token. The complainant assured the O.P. that he will collect the smart card from the office but the complainant failed to comply with the same and the O.P. after getting letter dated 09.01.2020 the O.P. tried to handover the smart card to the complainant even in the meeting called by the Assistant Director of Consumer Affairs and Fair Business Practices of South 24 Parganas. But the complainant denied to accept the same. After the meeting, the O.P. on 21.02.2020 sent a letter to the complainant to collect the smart card but the complainant despite receiving all the said letter on 24.02.2020 did not collect the same. The O.P. denied all the material averments of the petition of complaint para wise and prayed for dismissal of the case with cost.
POINTS FOR DECISIONS :
- Is the complainant a consumer?
- Is the O.P. guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get reliefs as prayed for?
DECISIONS WITH REASONS :
Point No. 1:
On perusal of the case record along with the documents filed by the complainant, it appears that the complainant purchased a two-wheeler (motorcycle) from the O.P. after payment of the valuable consideration amount and made the entire payment of the price of the motorcycle. The O.P. gave money receipt which reflects that the complainant duly made payment. Therefore, the complainant is a consumer as defined in Section 2(7) of the Consumer Protection Act, 2019. As such, Point No. 1 is decided in favour of the complainant and against the O.P.
Point No. 2:
The complainant made down payment of Rs. 12,700/- to the O.P. for purchasing the two-wheeler (Honda CD 110) and the O.P. delivered the same to the complainant on 03.08.2017. The O.P. assured the complainant to handover the smart card, owner’s manual, insurance papers, tax token etc on a future date and handed over the same to the complainant on 10.08.2017 except the smart card. The complainant requested the O.P. to handover the smart card to him but despite repeated requests the O.P. failed to handover the smart card to the complainant. The O.P. also received letter from the complainant dated 09.01.2020 but did not comply with the same and did not deliver the smart card to the complainant. Therefore, it is clear from the averment of the complainant that the O.P. is guilty of deficiency in service and unfair trade practice. As such, the second point is also decided in favour of the complainant and against the O.P.
Point No. 3:
The complainant made down payment of Rs. 12,700/- to the O.P. for purchasing a two-wheeler (Honda CD 110) at a price of Rs. 54,514/-. The balance amount was paid by the complainant in EMI of Rs. 1,690.00 X 36 months. The O.P. delivered the motorcycle on 03.08.2017 and the other documents in respect of the said motorcycle were handed over to the complainant on 10.08.2017 except the smart card. The complainant requested the O.P. to handover the smart card many times but the O.P. failed to deliver the same to the complainant. Ultimately, on 09.01.2020 the complainant sent a letter to the O.P. to handover the smart card in respect of the said two-wheeler (Honda CD 110). The O.P. received the said letter but failed to comply with the requirements of the same and did not deliver the smart card of the said two-wheeler (Honda CD 110). As such there is no hesitation to hold that the complainant is entitled to get the reliefs as prayed for as the O.P. did not handover the smart card of the said motorcycle. The complainant failed to get satisfactory service from the O.P. On the other hand, the complainant was harassed by the O.P. by various ways. Therefore, the complainant is entitled to get the reliefs as prayed for.
Thus, the third point is also decided in favour of the complainant and against the O.P.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is
ORDERED
That the instant case be and the same is allowed on contest with cost of Rs. 5,000/-( Rupees five thousand only).
The O.P. is liable and directed to handover the smart card of the said two-wheeler (Honda CD 110) which the complainant purchased from the O.P. within 30 days from the date of passing Final Order.
The O.P. is liable and also directed to pay compensation to the tune of Rs. 10,000/-(Rupees ten thousand only) for mental pain and agony suffered by the complainant within 30 days from the date of passing Final Order.
The O.P. is liable and also directed to pay the litigation cost of Rs. 5,000/-( Rupees five thousand only) within 30 days from the date of passing Final Order.
The complainant is at liberty to put the order in execution after the expiry of 30 days in case the orders are not complied with by the O.P. within 30 days from the date of passing this Order.
Let a copy of the order be sent / supplied free of cost to the parties concerned.
The Final Order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
President
