In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.   21 / 2011.

1)                 Sri Samit Dey,

Vill.Prantik, P.O.Samabaypally, Bally, Howrah                   ---------- Complainant

---Versus---

1)                  Rechie Motors,

51/1A, Sarat Bose oad, Kolkata-700025.                           ---------- Opposite Party

Present :        Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri ,Member

                        Smt. Sharmi Basu ,Member

Order No.   16    Dated  31/08/2012.

The petition of complaint has been filed by the complainant Samir Day against the o.p. Richie Motors. The case of the complainant in short is that complainant purchased one vehicle v iz. Tata Indigo at a cost of Rs.1,70,000/- on 12.2.09 from o.p. bearing no.WB-02R-2260 and model no.2003, October. Further case of complainant is that o.p. delivered the said vehicle to complainant  but did not supply the smart card and other allied papers despite thorough persuasion and for non receipt of smart card or allied papers of the earlier owner, complainant could not get his name registered as an owner of the vehicle with the Motor Vehicle Deptt. Hence the case.

            O.p. had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it. Ld. lawyer of o.p. in the course of argument submitted that o.p. had delivered all the aforesaid papers to complainant and complainant has filed instant case just to harass o.p. and prayed for dismissal of the case.

Decision with reasons:

We have gone through the pleadings of the parties, evidence and documents in particular. It is admitted position that the vehicle has been delivered to complainant. Specific case of complainant is that complainant did not receive smart card and allied papers from o.p. after delivery of the vehicle despite every persuasion. Even for the sake of argument if we take it for granted that o.p. handed over smart card and allied papers to complainant in that event why complainant will come forward for lodging the instant case after taking delivery of the vehicle in question.

On going through the documents lying with the record we are of the view that o.p. had lapse on their part being a service provider to its consumer / complainant and complainant is entitled to relief.

Hence, ordered,

That the petition of complaint is allowed on contest against the o.p. with cost. O.p. is directed to hand over concerned smart card and allied papers to complainant within 45 days from the date of communication of this order. O.p. is also directed to pay a sum of Rs.7,000/- (Rupees seven thousand) only towards compensation for harassment and mental agony and litigation cost of Rs.2,000/- (Rupees two thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

Supply certified copy of this order to the parties free of costs.