MR. PRABODHA KUMAR DASH, PRESIDENT:-
The C.C. Case No. 51/2019 being years old matter taken up for order on priority basis. It was filed on dt. 15/10/2019 & posted to various dates on 42 occasions. Op not filed any written statement being remanded to appear before this Commission. Op have no respect to the Commission, not appointed any Counsel nor himself filed any written statement on repeated calls by this office, Op only submitted two documents.
Brief Fact:-
Complainant purchased one Activa vide Regd. No. OD04L3718 bearing Chesis No. ME4JFSOACJT034212 & Engine No. JF50ET7034203. Complainant purchased it from ROHAN HONDA, near L.N. College, Korua, Dist.-Kendrapara on dt. 04.05.2018 by money receipt paid Rs. 65,800/- towards consideration amount but the Op given to consumer document of registration which was wrong instead of Sukant Kumar Routray the R.T.O registered as Sukant Kumar Mohanty as vehicle owner. The Complainant/consumer faced difficulties could not able to insured due to wrong title and also could not run the same vehicle and sale at the time of need of money. The consumer approached the Rohan Honda on various occasion but in vain. The Complainant having no alternative, efficacious remedies filed C.C.Case with relief of correction of R.C.Book, Rs. 15,000/- for mental agony & Rs. 5000/- towards litigation cost.
We framed issues for better adjudication-
- Whether the Complainant is a consumer under C.P.Act ?
- Whether the C.C.Case was filed within limitation period as per C.P.Act ?
- Whether the inaction of Op is within the ambit of deficiency in service ?
- Whether the Complainant entitled to relief sought for ?
Issue No.1
Complainant purchased the vehicle & paid consideration amount of Rs.65,800/- & annexed the money receipt, therefore the Complainant is a consumer under the C.P.Act,2019.
Issue No.2
Money receipt annexed which shown the date of purchase was dt. 04.05.2018 and the C.C.Case filed on dt.15.10.2019 well within the limitation period for maintainability of C.C.Case.
Issue No.3
Complainant appeared before the Op several times for correction of R.C.Book issued by R.T.O. It was the duty of the dealer to produce all relevant documents of consumer like Adhar Card, voter ID, DL, Pan Card for registration of the vehicle under R.T.O., but the dealer submitted wrong paper by which the R.C.Book registered by R.T.O. as Mohanty instead of Routray. Ld. Counsel on behalf of Complainant contented that the dealer have no tax invoice and he has no authority to sale such vehicle it was clear violation of law and unfair trade practice. Op practiced fraud, purchased the vehicle from Basanti Automobiles, Near Cinema hall, Chandikhole, Jajpur and sold it to the present consumer without an authorized dealer or sub-dealer, therefore the Op Rashmiranjan Panda liable to compensate the consumer with exemplary cost to check such practice.
On the otherhand Op appeared in person & submitted invoice of Basanti Automobile where the name given as Sukanta Kumar Routray, S/o- Bikramaditya Routray & the insurance of said vehicle title was Routray. Further contended the mistake of title was done by R.T.O. authority on the R.C.Book, Op have no role only submission of paper before R.T.O..The consumer not made party to R.T.O. Chandikhole who committed mistake they are responsible for deficiency in service not the Op.
We are of the considered view that, the Op did not removed the deficiency in his service. He could took steps with Basanti Auto for correction the name in R.C.Book which he did not responded, therefore liable to the cost incurred for correction of title in R.C.Book & liable to pay the compensation to the complainant Rs. 500/- and for mental agony Rs. 500/- & Rs. 500/- for litigation cost .
ORDER
It is directed that, Op shall pay total amount Rs. 1,500/- to the Complainant as cost for correction in R.C.Book within 15 days from the date of receipt of this order, failing which @12% interest shall be payable till its realization. The complaint case is allowed but no order as to cost.
Issue extract of the order to the parties for compliance.
Pronounced in the open Court, this the 30th day of August,2022.
I agree
Sd/- Sd/-
MEMBER PRESIDENT
