10.....24.11.2021....

The Ld. Advocate for the complainant is present. Today is fixed for delivery of final order. Final order containing 4 pages is ready. It is sealed , signed and delivered in open Commission.

 It is,

                                                                   ORDERED

That the complaint case be and the same is hereby allowed ex parte against the O.P. with cost of Rs. 1,000/-.   The O.P. is directed to hand over the Smart Card of the purchased vehicle to the complainant by two months from the date of this order.  The O.P. has also directed to pay compensation of Rs.10,000/- for deficiency in  service and mental pain and agony to the complainant by sixty days.

Let copies of final order be supplied to both the parties free of cost as per rules.

            The Final order also be made available in www.confonet.nic.in .

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

          SOUTH 24-PARGANAS

        AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144

C.C.NO. 13  OF 2021

DATE OF FILING                         DATE OF ADMISSION              DATE OF FINAL ORDER

     11.02.2021                                      23.02.2020                                   24.11.2021

Present                                               President   :           Asish Kumar Senapati

                                                              Member     :           Jagdish Chandra Barman

                                                                Member   :           Sangita Paul           

COMPLAINANT                              1. Mr. Sandip Kumar Pramanik, S/O Bimal Kumar Pramanik, residing at Vill- Kalikatala, P.O. – Kalikatala, P.S. – Jibantala, District – South 24 Parganas, Pin – 743 329                 

                                       Versus

O.P/O.Ps                                           Proprietor of TARA MAA Automobiles Nabapally, No-1 Dighirpar, Canning, South 24 Parganas, P.O. – Canning, P.S. – Canning, Pin – 743 329.

Sri Asish Kumar Senapati, President

This is a Consumer Complainant filed by one Sandip Kumar Pramanik (hereinafter referred to as the complainant) through his constituted attorney against the proprietor of Tara Maa Automobiles (hereinafter referred to as the O.P.), praying for a direction to hand over the Smart Card of his vehicle and to  pay of Rs.20,000/- for harassment and mental pain and Rs. 20,000/- as cost alleging deficiency in service.

            The sum and substance of the complaint is as follows:

            That the complainant went to the show room of the O.P. on 14.01.2019 and purchased one two wheeler by exchanging his two wheeler on down payment of Rs.29,617/- + EMI Rs.3583/-  for eighteen months + registration fee of Rs. 1,700/- exchange price of Rs.28,000/-  cash payment Rs.3300/-.  The new purchased vehicle of Honda Shine SP DLX, Colour blue, Chasis No- ME4JC738LIJ101752, Engine No – JC73ET2233160.  In spite on lapse of a considerable period,  the O.P. did not hand over the smart Card in spite of repeated requests.  Hence, this complaint case is filed praying for a direction to hand over the Smart Card, compensation and litigation cost. 
The case was filed on 11.02.2021 and admitted on 25.02.2021.  Notice upon the O.P. was served on 30.03.2021 as per postal track report but none on behalf of the O.P. appeared, resulting  ex-parte hearing of the case.  The complainant has prayed for treating  his written complaint as evidence and it was allowed.

The Ld. Advocate for the complainant  filed BNA.

The Ld. Advocate for the complainant submits that  the complaint took delivery of his vehicle on 14.01.2019 in exchange of his old vehicle on cash payment of Rs.3317/-.  Down payment of Rs.29,617/- and cash payment of Rs.3300/-.It is urged that the                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        O.P. has not yet delivered Smart  Card to the complainant in spite of repeated requests though the vehicle has been registered being  Vehicle No-WB96K7381 on 08.03.2019. He  submits that the O.P. has deficiency in service.        He  prays for a direction upon the O.P. to hand over the Smart Card to the complainant within a specific period and to pay compensation and litigation cost.

Perused the written complaint and the photo copies of the documents submitted by complainant.  The O.P. did not contest this case.  The only allegation against the O.P. is non delivering of Smart Card to the complainant.  After a careful consideration, we think that  it is the duty  of the dealer to hand over the Smart Card to the complainant as he received Rs.1700/- for registration vide money receipt dated 14.01.2019 (Annexure ‘A’). As the O.P. has not yet handed over the smart card of the vehicle to the complainant, it is undoubtedly deficiency in  service on the part of the O.P.  In our considered opinion, the   complainant  is entitled to get Smart Card of his purchased vehicle from the O.P. and he is also entitled to get compensation of Rs.10,000/- for deficiency of service and Rs.1000/- for litigation cost.

In the result, the complaint case succeeds in part.

Hence,

                                                              ORDERED

That the complaint case be and the same is hereby allowed ex parte against the O.P. with cost of Rs. 1,000/-.   The O.P. is directed to hand over the Smart Card of the purchased vehicle to the complainant by two months from the date of this order.  The O.P. has also directed to pay compensation of Rs.10,000/- for deficiency in  service and mental pain and agony to the complainant by sixty days.

Let copies of final order be supplied to both the parties free of cost as per rules.

            The Final order also be made available in www.confonet.nic.in .