Date of Filing: 04.03.2022. Date of Disposal: 18.01.2023.
Complainant : Indranarayan Palit, Vill. & P.O. - Sure Kalna, P.S. – Jamalpur, Purba Bardhaman, Pin-713408.
-VERSUS -
Opposite Party : Sri Ram Automobiles, Tejgang, Purba Bardhaman, Pin-713102.
Present : Mohammad Muizzuddeen -Hon’ble President.
: Mrs. Lipika Ghosh - Hon’ble Member.
: Mr. Atanu Kr. Dutta. - Hon’ble Member.
Appeared for the Complainant : Sri Sekhar Mukhopadhay, Ld. Advocate
EX PARTE ORDER
Order Dated 18.01.2023
This is day is fixed for passing Ex Parte Order.
Complainant files hazira along with Xerox copy of Registration Certificate.
The record is taken up for passing Ex Parte Order.
On 04.03.2022 the complainant Indranarayan Palit has filed this complaint u/S 35 of the Consumer Protection Act, 2019 against the OP.
The case of the complainant, in brief, is that on 08.12.2021 the complainant has purchased one Royal Enfield Company made two- wheeler from the OP at a value of Rs. 2,11,465/- including registration charges and fixation of the registration plate along with other accessories as applicable and demanded by the OP. As per terms and agreement of sale the two –wheeler, after trial run, was handed over by the OP along with relevant papers including the coverage of insurance policy of the said vehicle New Classic 350-Classic 350 Dark Stealth with date of manufactured in the year 2021 with other details for total IDV value 200892 held with TATA AIG. It was assured to complainant by the retailer/distributer that the new vehicle has been registered with regional transport authority at Burdwan bearing No. WB44AM7945. However no receipt of such registration No. was handed over to the complainant and while the matter was referred to the OP he told that the No. will be automatically listed in the RTO portal and can be checked from mParivahan shortly, however in the meantime they can use the said motor vehicle. But it is a matter of surprise that after verification with officials of RTO Burdwan, it was surprised to note that the registration No. of the new motorcycle issued by Sri Ram Automobiles (OP) bearing No. WB44AM7945 denotes the registration No. of vehicle under Kalna Sub-division RTO office and the RC No. would feature in mParivahan portal and there will be no problem in case they use the two wheeler.
The purchaser wanted to know from the OP as to why such discrimination has made although he is residing under the jurisdiction of Burdwan RTO and such act would put them in lot of difficulties for the payment of registration fees, tax fees and insurance policy fees where the resident of the purchaser has been strictly mentioned Sure Kalna well within the P.S.- Jamalpur under Burdwan RTO jurisdiction.
It is further stated that in reply, the OP forwarded an e-mail on 08.02.2022 that a service team will get back to the purchaser earliest to resolve the problem on Royal Enfield-customers support authority. That the complainant is not in a position to start operation of the two-wheeler since the No. plate bearing No. WB$$AM7945 and has been retained with the OP’s garage and it is understood that the nameplate No. has not been changed as requested under jurisdiction of RTO, Burdwan.
Under above facts and circumstances, it is stated that it was willful and deliberate negligence on the part of the OP for which the complainant suffered mental agony and financial loss.
The cause of action arose on 08.02.2022.
Upon this background, the complainant prayed for direction to the OP to handover corrected registration No. of the two-wheeler so purchased duly registered by RTO Burdwan Sadar and to change all other records accordingly along with a compensation of Rs. 50,000/- for suffering of mental pain, agony and harassment and for a compensation of Rs. 70,000/- as business loss and Rs. 24,000/- for blocking of capital for non-utilization of two-wheeler.
FINDINGS
As the OP did not file any Vakalatnama and W/V within the statutory period of time, the case was fixed for ex parte hearing and ultimately the case is heard ex parte.
In order to prove the case, the complainant filed a similar complaint as evidence-on-affidavit and Xerox copies of documents and Xerox copy of registration slip.
The complaint and the so-called evidence-on-affidavit which is similar to the complaint have been written in 3rd person grammatically but the affidavit should always be written in 1st person grammatically. But the fact of the case has disclosed in both the complaint and similar to the complaint are the same and it is admitted that the OP has handed over the said two-wheeler along with all the relevant papers including the coverage of insurance policy to him and the complainant also got the vehicle No. as WB44AM7945 and this has been reflected in registration certificate for which he has filed a Xerox copy of the same. But it is alleged that when he checked mParivahan shortly, it is revealed that the Motorcycle has been registered under mParivahan portal of Kalna RTO instead of Burdwan RTO though he is a resident of Burdwan sub-division at Sure Kalna, P.S. Jamalpur within the jurisdiction of Burdwan RTO, and he requested the OP to make correction of the same otherwise a lot of difficulties for the payment of registration fees, tax fees and insurance policy fees would be arisen. It is also alleged that the No. plate of the said two-wheeler bearing No. WB44AM7945 is retained with the garage of the OP.
Now in the age of advance science and technology era and computerized system running in the Government Departments, no difficulty would arise for payment of registration fees, tax fees, insurance policy fees through on line and that is why this allegation against the OP can be ignored when the registration has been made within the district of Burdwan.
It is also alleged that No. plate of the said vehicle has been retained with the OP’s garage but the OP carries on business at Tejganj, Purba Bardhaman and the complainant may take it on any time from there as he purchased the vehicle from there, and the OP is bound to affix it on the said motorcycle.
In the above facts and circumstances, the complainant could not get any compensation as either mental pain and agony or business loss or blocking of capital for non-utilization of two-wheeler. And in the complaint the complainant nowhere stated that he went to the OP for fixing the No. plate in his vehicle.
Under the above facts and circumstances, we are of opinion that the OP did not commit any deficiency in service and negligence.
Hence it is
ORDERED
That this case be and the same is dismissed ex parte against the OP, but without any cost.
Let a copy of this Order be given to the parties on free of cost.
Dictated & corrected by me.
President
D.C.D.R.C , Purba Bardhaman.
Member Member President
D.C.D.R.C , Purba Bardhaman. D.C.D.R.C, Purba Bardhaman. D.C.D.R.C , Purba Bardhaman.
