DATE OF FILING : 28-01-2014.
DATE OF S/R : 08-08-2014.
DATE OF FINAL ORDER : 15-10-2014.
Mr. Avijit Mondal,
son of Mr. Gurupada Mondal,
104-2nd Bye Lane, Kona Purba Para,
P.O. Kona, P.S. Liluah, District – Howrah,
PIN – 711114. ------------------------------------------------------------------- COMPLAINANT.
- Versus -
Shree Om Automobiles,
P-48/A, Benaras Road, Dasnagar,
Howrah – 711105 ( W.B.),
( near Boss Company Shivam Weight Bridge )--------------------------OPPOSITE PARTY.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
1. The instant case was filed by complainant U/S 12 of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the o.p. to make over all the connecting papers of the bike purchased from the o.p. and to pay compensation to the tune of Rs. 70,000/- and Rs. 30,000/- as litigation costs as the o.p. in spite of repeated requests did not make over those papers.
2. In spite of proper service of notice the o.p. did not appear. So the case was heard ex parte against o.p.
3. Two points arose for determination :
i) Is there any deficiency in service on the part of the O.P. ?
ii) Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
POINT NOS. 1 & 2
4. Both the points are taken up together for consideration. On scrutiny of the papers enclosed it appears that the complainant in spite of payment of the full price of the bike purchased, was not supplied with the relevant papers by the o.p. Consequently the complainant has been placed with a peculiar situation. He is not in a position to ply the bike either for personal use or for his business. This is an example of gross deficiency in service. So this is a fit case where the prayer of the complainant shall be allowed.
Both the points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 42 of 2014 ( HDF 42 of 2014 ) be and the same is allowed ex parte with costs as against the O.P.
The O.P. be directed to make over the connecting papers of the bike ( Yamaha – SS 125, Chassis no. MEI – 35 B 04C- B 2039843 ) within 30 days from the date of this order to the complainant.
The o.p. do pay a sum of Rs. 30,000/- to the complainant as compensation for causing mental pain and prolonged harassment together with Rs. 5,000/- as litigation cost.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( T.K. Bhattacharya )
President, C.D.R.F., Howrah.
