BEFORE THE PRESIDENT
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM
GOMATI DISTRICT ::: UDAIPUR
CASE NO. C.C. 03 OF 2014
Shri Golak Bashi Acharjee - Complainant
Versus
Shri Niloy Mukharjee,
Authorized dealer of SREE RAM MOTORS,
Agartala - Opposite Party
PRESENT
Shri Asish Pal,
PRESIDENT
Consumer Dispute Redressal Forum,
Gomati District, Udaipur
And
Shri Haridas Roy Barman
&
Smti. Runu Das (Roy Choudhuri)
MEMBERS
COUNSEL
For the Complainant - Self.
For the Opposite Party - Mr. Mritynjoy Debnath
Learned Avocate.
Date of Delivery of Judgment - 05.03.2015
J U D G M E N T
This case under Consumers Protection Act is filed by Shri Golak Bashi Acharjee.
2. The petitioner’s case, in short, is that being on 16.12.2013 he purchased one Mahindra Duro 4 wheelers motor cycle for Rs. 66,905/- as he is 80%disable person. Without shock absorbers, the cycle was delivered to him. Because of the absence of shock absorbers, he suffered accidental injuries two times. Petitioner, therefore, pray for compensation for this deficiency of service by the respondent i.e. the authorized dealer of Mahindra Duro.
3. Respondent side i.e. the proprietor of Mahindra Duro appeared and filed written statement denying the claim. It is also stated that the O.P.is not the dealer of Mahindra Duro 4 wheelers motor cycle. The complainant filed to give the registration number of the 4 wheelers motor cycle and if registered, the registering authority will not register any two wheelers without its shock absorber and the 4 wheelers motor cycle was not sold out by the O.P. to the petitioner on 16.12.2013 for Rs. 66,905/-.
4. On the basis of river contention as put forward by the parties I shall, now, determine the following points:
I. Whether the defective cycle without shock absorbers was sold
out to the petitioner?
II. Whether the petitioner is entitled to get the compensation,
as claimed?
5. Petitioner’s side in support of his claim produced photo copy of handicapped certificate, Mahindra Duro cycle sample, price list, identity card, some prescriptions, voucher issued by SREE RAM MOTORS in connection with sale of cycle, sale letter issued by SREE RAM MOTORS, temporary certificate of registration, insurance policy certificate of ICICI Lombard and also examined two witnesses.
PW-1, Shri Golak Bashi Acharjee is the complainant who stated that he purchased the motor cycle for Rs. 66,905/- from SREE RAM MOTORS sales centre at Banamalipur, Agartala.
PW-2, Sri Tapan Debnath stated that all Mahindra Duro motor cycle have shock absorbers. It is one type of spring set that helped the rider of the motor cycle to get out from the ditches. The self- starter of the motor cycle was also not functioning from the very beginning.
Respondent’s side produced statement on affidavit of one witness namely Niloy Mukherjee but he did not appear for cross examination. No other evidence given by respondent’s side.
6. On the basis of evidence on record, I shall now determine the above points.
FINDINGS & DECISIONS AND REASONS FOR DECISION ON
POINT NOS. 1 & 2
7. The contention of the O.P. that they are not aware of the sale of the defective motor cycle is not true. The voucher issued by SREE RAM MOTORS shows that it has the sale centre at Banamalipur near Ramthakur Seva Mandir, Agartala. From the voucher it is found that it is issued on 16.12.2013. the ex- factory price is 39,333/- and total price is written Rs. 66,905/-. It has E- warranty. The price list also given in support of it. So, the fact that it was not sold out to Golak Bashi Acharjee by SREE RAM MOTORS of Banamalipur is not true. It is also stated by both the witnesses and supported by voucher issued by SREE RAM MOTORS. The contention that they were not the dealer of Mahindra Duro is not the excuse at all. When they sold out the Mahindra Duro and it is written in the voucher that they being the authorized dealer have sold out the motor cycle, so such plea is not taken into consideration. Both the witnesses stated that the motor cycle had no shock absorbers and without the shock absorbers, it was sold out to the petitioner. It is also e- warranty. The ex-factory price was 39,333/- and for making it comfortable for the handicapped person, Rs. 25,000/- was added with it including temporary permit, insurance premium and e- warranty. As Rs. 10,000/- was given in advance, it was deducted from the total amount. In the price list also, the conversion and modification charges is clearly written. Only blank denial of the respondent that they were not aware of it, is not sufficient to discard the evidence of the petitioner and another witness. Therefore, it is proved that the respondent SREE RAM MOTORS sold out the defective Mahindra Duro motor cycle for Rs. 66,905/- to the handicapped petitioner. The handicapped petitioner suffered a lot because of the absence of shock absorbers and treatment papers also given because of such suffering. The catalogue also given which shows shock absorbers. This kind of sale is illegal trade practice and as such, O.P. Niloy Mukharjee, the authorized dealer of SREE RAM MOTORS is under obligation to pay the compensation and also them to the petitioner. Accordingly, compensation amount amounting to Rs. 30,000/- is given to the petitioner and direction is given to the O.P. SREE RAM MOTORS to provide shock absorbers to the cycle of he petitioner so that he can run it and use it safely and properly. Both the points are, thus, decided in favour of the complainant.
8. In view of my above findings over the two points, this petition is allowed. Shri Niloy Mukharjee,the proprietor of SREE RAM MOTORS is directed to pay the compensation amount of Rs. 30,000/- to the petitioner and also to provide shock absorbers in the motor cycle of the petitioner which is sold out by him to the petitioner within a period of 2 month. In case of failure, to pay the compensation amount within 2 month, it will carry interest @ 9% per annum till payment is made.
9. The case stands disposed of.
10. Supply copy of this judgment to the parties at free of cost.
A N N O U N C E D
(Haridas Roy Barman) (Smti. Runu Das(Roy Choudhuri) (Asish Pal)
Member Member President
Consumer Dispute Redressal Consumer Dispute Redressal Consumer Dispute Redressal
Forum, Gomati District Forum, Gomati District Forum, Gomati District
Udaipur Udaipur Udaipur
