District Consumer Disputes Redressal Commission, Hooghly

PETITIONER

VS.

OPPOSITE PARTY

Complaint Case No.CC/74/2022

(Date of Filing:-26.04.2022)

Sri Sumit Dutta

292, Makhla Government Colony No. 2,

P.O. Hindmotor,, P.S. Uttarpara,

District:- Hooghly, Pin:- 712233.……..Complainant

   -Versus  

           Sikha Motors

           of 50, G.T. Road, Kotrang,

           P.O. Hindmotor, P.S. Uttarpara,

           District:- Hooghly, Pin-712233.                         …….Opposite Party

Before:-

Mr. Debasis Bhattacharya, Member

Mrs. Babita Choudhury, Member

PRESENT:

Dtd. 28.05.2024

Final Order/Judgment

Debasis Bhattacharya:- Presiding Member

Having been aggrieved over and dissatisfied with the purchase of a Motor Cycle and post-sales denial of handing over of the Blue Book and other documents related to the motor cycle by the OP, the instant complaint petition has been filed by the complainant u/s 35 of the Consumer Protection Act 2019.

Firstly, it should be mentioned here before proceeding further in the matter of disposal of this case, that the case runs ex parte against the only OP, as, in spite of proper service of notice including newspaper publication and allowance of sufficient time and opportunities, the OP did not appear before this Commission even on a single occasion. Thus question of submission of written version and evidence on affidavit by the OP does not arise.

The fact of the case is that the complainant purchased a motor cycle from the OP dealer against the consideration price of Rs.90,650/- and the relevant bill, money receipt and delivery challan are claimed to have been issued. The OP is claimed to have assured the Complainant that within 15 days from the date of purchase, all the relevant documents including the Blue Book related to the said motor cycle would be handed over to the complainant. However the OP refrained from keeping their commitment in spite of repeated persuasions, requests and lawyer’s notice.

As a result of non-availability of the documents, the Complainant cannot use the two-wheeler and the said vehicle is stranded idle and has been suffering from natural wear and tear. The Complainant has annexed the copies of the lawyer’s notice, postal track report, the ‘Bill’, money receipt of Rs.50,000/- and the delivery challan.

Considering the OP’s treatment with him as ‘deficiency in service and unfair trade practice’ the complaint petition has been filed in which the petitioner prays for imposing direction upon the OP to make refund of the entire amount of Rs.90,650/- i.e. the purchase price of the motor cycle already paid, to pay Rs.1,00,000/- as compensation for causing harassment and mental agony and Rs.25,000/- litigation cost which is not specified.

The Complainant’s declared address is within the district of Hooghly and the OP’s declared place of business is also within the district of Hooghly.

The claim preferred by the complainant does not exceed the limit as prescribed by the Act.

Thus, this Commission has territorial as well as pecuniary jurisdiction to proceed in the instant case.

 Materials on records viz. the complaint petition, evidence on affidavit, annexed documents and brief notes of argument filed by the complainant are perused.

                   However, the OP did not feel it a necessity to appear before this forum, observe the basic statutory formality by filing written version, evidence on affidavit and by taking part in the argument.

In view of the above and on perusal of the case record and documents, this Commission is of the opinion that there was gross deficiency of service and unfair trade practice on the OP’s part.  

Hence, it is    

ORDERED

that CC No.74/2022 be and the same is partly allowed ex parte.

The Commission hereby directs the OP either to hand over all documents related to the motor cycle within seven days from the date of this order or pay back the entire consideration price of Rs.90,500/- to the Complainant within one month from the date of this order.

Besides, the OP will also pay an amount of Rs.25,000/- as compensation for causing harassment and mental agony and Rs 5,000/-towards litigation cost to the complainant.

OP is being directed to comply with this order within 45 days of this order failing which the OP will be liable to pay a further amount of Rs.10,000/- towards Consumer Legal Aid Account . Thus the complaint case bearing no.CC/74/2022 succeeds on contest but in part.  Let a plain copy of this order be supplied free of cost to the parties or their authorized Advocates/Agents on record, by hand against proper acknowledgement or sent by ordinary post for information and necessary action.