Judgment dated 06-06-2016

            This is a complaint filed by one Shri Gourav Singh residing at 44, H. L. Sarkar Road, Bansdroni , P.S. Regent Park, Kolkata- 700 070 against Swastik Auto Centre having its office situated at Shop No.7, 255/10, N. S. C. Bose Road and also at 2/62, Naktala, Kolkata – 700 047 praying for direction upon OP in respect of Life Time Tax Receipt, Blue Book, Registration Certificate, Number Plate and return Rs.10,700/- with interest @ 18% p.a. and also direction upon the OP to pay compensation of Rs.70,000/- for mental agony and harassment and also litigation cost of Rs.15,000/-.

            Facts in brief are that OP is running this business from the address mentioned in the cause title of the complaint. Complainant approached OP for transferring above mentioned documents and paid a sum of Rs.10,700/- for that purpose. Complainant made several request to OP to do the work but of no use. Complainant received the Tax Receipt which was valid only for 2 years. Complainant sent a notice to the OP but that also did not yield any result. So Complainant filed this case. OP filed written version and denied all the material allegations of the Complainant. Further OP has admitted that Complainant approached him for transferring the address detail of the Complainant of a two-wheeler Blue Book. Complainant deposited the Blue Book with the competent authority for such transfer. OP has also admitted that Complainant paid an amount of Rs.10,700/- . OP after paying the temporary tax handed over the photocopy of the Tax Receipt to the Complainant and did not hand over original Tax Receipt because it is required for verification by Motor Vehicles Department. So OP has prayed for dismissal of the case.

Decisions with reasons

            Complainant filed affidavit-in-chief stating the facts mentioned in the complaint. Against this OP raised certain questions to the Complainant in which Complainant filed reply. Thereafter OP left taking step.

            Main point for determination is whether Complainant is entitled to the reliefs prayed for.

As per the prayer Complainant has sought for a direction upon the OP to supply all the documents mentioned in Page-3 of the complaint. On perusal of Page-3 it appears that Complainant intends to get back Blue Book and Registration. In our view these two are single document. OP has admitted that Blue Book is kept for verification. So it is incumbent upon OP to hand over this document to the Complainant. Similarly, Life Time Tax Token has been filed in the record (Xerox copy) which reveals that tax for only 2 years have been paid. Further, it appears that OP has got the address change in the tax token.

            Accordingly, it is clear that OP has done certain work for which he has paid. Complainant did not file any document to establish as to how much expense OP made in changing the address and paying the tax for 2 years.

          OP has admitted that he took Rs.10,700/- from Complainant. Now since Complainant failed to establish the exact amount he wanted from OP and OP did not also come forward to establish this; we are of the view that if OP is directed to return Rs.5,000/- to the Complainant justice would be served.

            So far the return of document is concerned it is between Complainant and OP as because there is no receipt filed by Complainant what all documents he handed over to the Complainant.           

              Hence,

O R D E R E D

            CC/54/2015 and the same is allowed in part on contest.

            OP is directed to pay Rs.5,000/- to the Complainant within 2 months with interest of 12% p.a. from the date of filing of this case.

            OP is further directed to give another Rs.5,000/- as compensation and litigation cost to the Complainant within the said period otherwise this amount shall also carry interest @ 12% from the date of this order till realization.

            Hence CC/54/2015 stands disposed off.