DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 177/2021
Date of Filing Date of Admission Date of Disposal
02.09.2021 27.09.2021 20.02.2024
Complainant/s:- | =Vs= |
Opposite Party/s:- | |
P R E S E N T :- Sri. Daman Prosad Biswas……….President.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT/FINAL ORDER
Complainant above named filed this complaint under Consumer Protection Act, 1986 against the aforesaid Opposite Parties praying for direction to hand over the original papers of the scooty i.e. Smart Card, Registration, Name Plate along with other valid papers which are under the custody of O.P., compensation amounting to Rs. 30,000/- for mental agony, pain and anxiety, compensation amounting to Rs. 50,000/- for harassment, litigation cost amounting to Rs. 20,000/- and other reliefs.
On 21/03/2020 he had purchased one new scooty from the O.P. He paid Rs. 80,000/- in favour of the O.P and O.P issued one Road Challan for Rs. 72,500/-. At the time of purchased of said scooty O.P assured to provide the bill, Registration Document, Smart Card, Number Plate etc. within a very short time but after lapse of one month O.P not yet provided the aforesaid documents. Complainant visited the O.P on several occasions but O.P only handed over insurance documents. Aforesaid fact of the O.P are nothing but unfair trade practice. Hence, the Complainant filed this complaint praying for aforesaid relief. O.P appeared in this record and filed W/V and denied the entire allegations. He further contended that Complainant purchased one Yamaha Fascino Scooty on 21/03/2020 from Millennium Auto Car, 283, Ghoshpara, Shyamnagar, North 24 Parganas and the company issued proper money receipt for that purpose. Complainant purchased the said scooty on 21/03/2020 and from 22/03/2020 the announcement of Lock Down was declared by the Government due to COVID pandemic. Complainant purchased the said scooty which was BS-IV vehicle but Government directed the Motor Vehicle Authority to stop the registration of BS-IV vehicle. So there is not latches on the part of the O.P. He prayed for dismissal of the complaint.
TRIAL
During Trial Complainant filed affidavit-in-chief. O.P filed questionnaire. Complainant gave answer. O.P filed affidavit-in-chief. Complainant filed questionnaire. O.P gave answer.
DOCUMENTS
At the time of filing this complaint, Complainant filed the following documents:-
- Copy of money receipt dated 21/03/2020 amounting to Rs. 21,000/-…..1 sheet…Xerox.
- Copy of Road Challan dated 21/03/2020…..1 sheet…xerox.
BNA
Complainant filed BNA. O.P filed BNA.
Decisions with Reasons:-
We have carefully gone through the aforesaid documents. We have heard Ld. Advocate for both the parties at length. It is the main allegation of the Complainant that he purchased the aforesaid scooty on 21/03/2020 and paid Rs. 80,000/- in favour of the O.P. O.P gave Road Challan for the amount of Rs. 72,500/-. O.P took an extra amount of Rs. 7,500/- regarding cost of arrangement of documents.
On perusal of the document we find that Complainant paid Rs. 21,000/- on 21/03/2020 i.e. on the date of purchase of aforesaid scooty. He paid further amount of Rs. 4,000/- on 21/03/2020. He also paid Rs. 55,000/- by cheque vide cheque no. 863628 on 21/04/2020.
During hearing Ld. Advocate for the O.P argued that he sold the vehicle on 21/03/2020 thereafter Lockdown started and for that reason he cannot arrange the necessary documents of the aforesaid scooty due to Lockdown. Ld. Advocte for the O.P failed to show any documents in support of the fact that they applied for registration through online before the R.T.O authority. As per Motor Vehicle Act it is the duty of the show-room to arrange the necessary document which have required to apply the Motor Bike / Scooter on road. In the present case O.P took an extra amount of Rs. 7500/- for arrangement of necessary papers. But he arranged the documents relating to insurance of the vehicle and handed over the same to the Complainant but arrangement of document relating to insurance policy did not cause any bar due to Covid-19 pandemic. Ld. Advocate for the O.P failed to give an explanation as to why they did not lodged the prayer for registration and other documents through online. Accordingly, we do not find any merit in the argument of Ld. Advocate for the O.P.
On perusal of record we find that Complainant is a consumer and O.P is the service provider.
Having regard to the aforesaid discussion it is clear before us that Complainant has able to established his grievance by sufficient document beyond reasonable doubt and he is entitled to relief as per his prayer.
In the result, present case succeeds.
Hence ,
It is
Ordered,
That the present case be and the same vide no. C.C./177/2021 is allowed on contest against the O.P with cost of Rs. 5,000/- to be paid by O.P in favour of the Complainant.
O.P is directed to arrange all the necessary document which are required to apply the aforesaid scooty on road positively within 45 days from this day or refund the aforesaid amount of Rs. 80,000/- along with interest @ 10% p.a. from the date of receiving the amount to till the date of actual payment failing which Complainant shall have liberty to put this order into execution.
O.P is further directed to pay compensation amounting to Rs. 10,000/- in favour of the Complainant positively within 45 days from this date failing which Complainant shall have liberty to put this order into execution.
Let a plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
