IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.

                                                   CASE No.  CC/154/2015

 Date of Filing:                         Date of Admission:             Date of Disposal:

   06.11.2015                              30.11.2015                                30.11.2022

Complainant: (1) Minakshi Mondal

                                W/O- Late Goutam Mondal

                                Vill- Jemo Nikantapur,

                                P.O.- Jemo Rajbati

                                P.S.- Kandi, Dist- Murhsidabad

                                Pin-742137         

                                (2) Kanika Mondal

                                W/O- Kireshwar Mndal

                                Vill- Jemo Nikantapur,

                                P.O.- Jemo Rajbati

                                P.S.- Kandi, Dist- Murhsidabad

                                Pin-742137         

                                                                                -Vs-

Opposite Party:  Sagar Motors

                                   Proprietor: Authorized Represented of Golden Motors

                                   Kandi Kalibari Road

                                   P.O. & P.S.- Kandi

                                   Dist- Murshidabad

                                   Pin-742137       

Agent/Advocate for the Complainant                        :  Bidishya Sarkar.

Agent/Advocate for the Opposite Parties                  :  S.S. Dhar.

           Present:   Sri Ajay Kumar Das…………………………..........President.     

  Sri. Subir Sinha Roy………………………………….Member.                        

                             Smt. Aloka Bandyopadhyay……………………..Member.

FINAL ORDER

   SMT. ALOKA BANDYOPADHYAY,  MEMBER

   This is a complaint under section 12 of the CP Act, 1986.

One Minakshi Mondal and Anr. (here in after referred to as the Complainants) filed the case against Sagar Motor Proprietor: Authorized Represented of Golden Motors (here in after referred to as the OP) praying for compensation alleging deficiency in service.

 The sum and substance of the complaint case is as follows:-

One Goutam Mondal S/o complainant No. 2 and husband of complainant no. 1 purchased a motor cycle from the O.P. on 04.03.2015. The O.P. issued the road chalan against the said Motor Cycle but did not serve the book of registration and other relating documents such as insurance etc. The said Goutam Mondal requested the O.P. several times for the abovementioned documents and the O.P. assured him that the process was going on and within a few days it will be handed over to him. But unfortunately the said Goutam Mondal met with an accident on 21.05.2015 and died on 16.06.2015. The complainants incurred a sum of Rs. 345821/- for the treatment of the said Goutam Mondal. The O.P. handed over the insurance certificate on 12.06.2015 and registration certificate of the said vehicle on 16.06.2015 vide Registration No. WB-58AE-5983 and for this reason the complainants became unable to file MACC Case before any court of law as these were handed over to the complainants after a long time from the date of purchase of the said vehicle. Alleging negligency on the part of the O.P. in respect of hand over the certificates of registration and certificate of insurance though the said deceased Goutam Mondal signed all the documents on 04.03.2015 the complainants filed the instant case before this Commission for appropriate relief.

Defence Case

 After due service of the notice the O.P. is contesting this case by filing written version contending inter alia that the case is not maintainable as the said Goutam Mondal  paid the ex-showroom price for purchase of the Super Splendor Motor Cycle from the O.P. on 04.03.2015  and not paid the requisite fees for Registration Certificate and Insurance Policy but  on 03.06.2015 the relatives of Goutam Mondal came to O.P. and stated that the said Goutam Mondal met with an accident and they   paid the requisite fees and handed over the epic for the said purpose. Thereafter, the O.P. who is the authorized representative of Golden Motors sent the relevant documents to the Golden Motors Pvt. Ltd. and the insurance policy was made on 12.06.2015 and the registration of the said vehicle was made on 18.06.2015. So, there were no latches on their part and there was no deficiency of service on the part of the O.P. So, the case is liable to be dismissed.

  On the basis of the complaint and written version the following points are framed for proper adjudication of the case:

Points for decision

1. Are the Complainants consumer under the provision of the CP Act, 1986?

2. Has the OP any deficiency in service, as alleged?

3. Are the Complainants entitled to get any relief, as prayed for?

Decision with Reasons:

Point no.1, 2 & 3

All the points are taken up together for the sake of convenience and brevity of discussion.

Undoubtedly, one Goutam Mondal purchased a Super Splendor Motor Cycle from the O.P. on 04.03.2015. The O.P. issued road challan but did not serve the book of registration and insurance policy of the said vehicle till May, 2015. Insurance policy of the said vehicle was issued on 12.06.2015 and registration certificate was issued on 18.06.2015. Unfortunately, the said Goutam Mondal met with an accident on 21.05.2015 and died on 16.06.2015. Due to lack of the abovementioned certificates the complainant failed to file Motor Accident Claim Case before any court of law.

The O.P. stated that the said Goutam Mondal purchased the said vehicle by paying ex-showroom price ( vide sales statement for the month of March, 2015) but he has not paid the necessary charges i.e., the cost of registration and the cost of insurance policy and the epic. The said Goutam Mondal after 04.03.2015 did not turn up to pay the requisite amount. On 03.06.2015 the relatives of the Goutam Mondal paid the requisite fees and the epic and informed the O.P. that he had met an accident. The O.P. thereafter on 06.06.2015 sent all the relevant documents relating to insurance and registration to the Golden Motors Pvt Ltd and the policy was made on 12.06.2015 and registration was made on 18.06.2015. The O.P. stated that even if the vehicle was insured and duly registered before the authority in time then also he cannot claim any compensation from the insurance company as the owner of the vehicle was not covered under the said policy.

Considering the facts and circumstances of the case and the documents filed before us we are of the view that there is no deficiency on the part of the O.P. as the complainants had not filed any documents to show the payment of the necessary fees for insurance and registration on the date of purchase of the said vehicle. Due to lack of proper document we are decline to pass any order.

Reasons for delay

The Case was filed on 06.11.2015 and admitted on 30.11.2015. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.

In the result, the Consumer case is dismissed.

 Fees paid are correct. Hence, it is

Ordered

that the complaint Case No. CC/154/2015 be and same is dismissed on contest against the O.P. but without any order as to costs.

 Let plain copy of this order  be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

    confonet.nic.in

Dictated & corrected by me.

Member

 Member                                                            Member                                        President.