Hon’ble Mr. Subhas Ch. Guin, Member.
The fact of the instant case in a nutshell is that the Complainant Mr. Tapas Dey who is an unemployed youth purchased a Tractor Worth Rs.7,32,000/- from Mr. Arun Kumar Taparia, proprietor, Lovely Distributors Pvt. Ltd., Rajmata Street, P.O. & Dist- Cooch Behar(OP) for his livelihood on 15.09.16. He made a down payment of Rs.3,20,000/- and rest amount was financed by Mahindra & Mahindra financial services Ltd. for the same and he was paying the EMI to the financer. OP received the total amount which included amount for delivery of RC book to the Complainant but OP did not supply the RC book and other documents of the vehicle No. WB 63 A3313. On query for the RC book and other documents OP always assured the Complainant of supplying the same within short period. Thereafter the OP supplied a piece of paper titled “Vehicle Particulars” issued by the Registering Authority, Cooch Behar after a few months but no RC book was supplied till date. Then the Complainant filed a written complaint before the Consumer Affairs Department, Cooch Behar for mediation. The date for mediation was fixed on 07.11.19 and both parties appeared on that day. OP assured the Complainant to supply the RC book within one month in presence of all members present in the mediation. On the next date i.e. on 11.12.19 the OP asked for another 15 days to supply the RC book to the Complainant. Again on 26.12.19, the OP did not appear for mediation and the case was dropped from that end. Having found no other alternative, the Complainant filed this instant complaint before this Commission. He prayed for a direction to the OP to supply the RC book and other documents to the Complainant and to pay Rs. 2 Lakhs for financial loss incurred and Rs. 1 Lakh for deficiency in service and mental pain and Rs.10,000/- for litigation cost.
Summon was served upon the OP. The OP contested the case by filing written version and evidence on affidavit. OP did not file written argument instead he advanced oral argument. In evidence on affidavit OP denied every allegation brought against him. Main allegation of the Complainant against the OP was that the OP did not supply the RC book of the said vehicle for which the Complainant incurred a huge financial loss. The OP stated that he had supplied RC book and other documents of the vehicle to the Complainant after the purchase. OP also submitted a document which is a declaration by the Complainant on a non judicial stamp paper of Rs.10/- without any date in support his claim. The said declaration states that the Complainant has received all documents relating to the said vehicle from the OP and he has no disputes on the matter. The plea of the OP is that as the Complainant has received all documents from him so grievance of the Complainant has been redressed. Therefore there is no question of deficiency in service on the part of the OP and no question of compensation arises. The OP also alleged that the Complainant suppressed some material fact to gain from the OP. As such the Complainant should come with clean hands which is the principle of the law. Therefore the OP had no deficiency in service. So, the Complainant is in no way entitled to any compensation and the instant case be dismissed.
Perused the case record and documents filed by the Complainant and the OP. Heard the argument advanced by the both parties at length. The following points are required to be discussed to reach a conclusion about the instant case.
Points for consideration
- Is there any deficiency on the part of the OP?
- Is the Complainant entitled to get any relief?
Decision with reason
Point No.1.
Complainant purchased the Tractor from the OP Company to earn bread and butter. The total price Rs.7,32,000/- paid to OP Company includes charge for registration to Regional Transport Authority, Cooch Behar which is an admitted fact by the OP. Despite the charge for registration taken by the OP, the OP did not supply the RC book to the Complainant. On repeated chase by the Complainant to procure the RC from the OP Company, the Complainant failed to do so. After lapse of a few months, the OP Company supplied a piece of paper entitled “Vehicle Particulars” which is not the certificate of registration issued by the Regional Transport Authority, Cooch Behar. Moreover, the OP filed a document which is a declaration by the Complainant on non judicial stamp paper of Rs.10/- with signature of the Complainant without any date. The said declaration carries no signature of witness nor it is signed by notary for affidavit. So this document is not valid in the eye of law.
Therefore it is not disproved that the Complainant has not received the RC book from the OP Company.
The certificate of Registration is required to ply the vehicle. As per Motor Vehicle Act the driver of the vehicle should carry the certificate of registration with him while driving the vehicle. As such without RC book of the vehicle it cannot ply which ultimately incur a huge monetary loss to the Complainant. Non delivery of the RC book to the Complainant which is against the conventional rules tantamounts to deficiency in service by the OP Company which causes the Complainant to suffer from mental pain and agony. Thus the Commission is of the view that there is deficiency in service on the part of the OP Company.
Therefore, the Point No.1 is answered in affirmative and decided in favour of the Complainant.
Point No.2.
In the aforesaid point, the Commission comes to a conclusion that there is deficiency in service on the part of the OP Company. Therefore, the Complainant is entitled to get relief prayed for in the complaint petition.
Thus, this point is also answered in affirmative and decided in favour of the Complainant.
Consequently, the instant case succeeds on contest.
Hence, it is
Ordered
That the instant case be and the same is allowed on contest with cost.
The OP is directed to supply the RC book alongwith all relevant documents of the said vehicle to the Complainant within one month from this date. The OP is further directed to pay a sum of Rs.20,000/- for financial loss to the Complainant and Rs.20,000/- for deficiency in service, mental pain and agony and Rs.10,000/- for litigation cost within one month from the date of this order failing which the entire awarded sum shall carry an interest @ 6% per annum till its realization.
Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.
The copy of the Final Order be also available in the official website: www.confonet.nic.in.
Dictated and corrected by me.
