Orissa

Jharsuguda

CC/123/2019

Gangadhar Jaypuria S/O- Kusasan Jaypuria - Complainant(s)

Versus

The Authorised Signatory - Opp.Party(s)

B.S Dansana

02 Dec 2021

ORDER

IN THE COURT OF DISTRICT   CONSUMER DISPUTES REDRESSAL COMMISSION, JHARSUGUDA.

                                                          

C.C.NO-123/2019

Gangadhar Jaypuria aged about 37 yrs,

S/O-Kusasan Jaypuria,

       R/o- Purunabasti, Po: Kalimandir Road,

       Ps/ Dist : Jharsuguda,                                                               ..……Complainants.

     

Versus

 

1.  The Authorised Signatory,

Vijayalaxmi Automobiles,

Bye- Pass Road, Ekatali,

Po/Ps/ Dist: Jharsuguda,                                                    ……..…………Opp. Parties.

 

            Counsel for the Parties:-

For the Complainant                       :-         Sri B.S.Dansana,Advocate & Associates.           

For the Opp. Party                           :-         None.

 

 Present:-     1. Shri  Dipak Kumar Mahapatra, President.

                         2. Smt. Anamika Nanda, Member (W).

 

Date of Hearing:- 17.11.2021, Date of Order: 02.12.2021

 

SRI DIPAK KUMAR MAHAPATRA, PRESIDENT:- That the Complainant has purchased  a Hero Splendor Plus Motorcycle  on dtd. 08.01.2019 having Chassis No-MBLHAR0759HMA9062 and Engine No- HAQ0AGIHM68428 on payment of Rs.22,988/- as down payment.  The O.P has taken all fees/charges towards the registration, Insurance, accessories and other related expenses to the O.P at the time of finance of the said Motorcycle. The O.P has assured the Complainant to provide the relevant documents within 15 days from the date of sale but till filling of this case today the same are not delivered by the O.P. After two months when the Complainant asked the O.P about the documents, he without supplying the documents gave a registration number OD-23-H-3706 and suggested to write on the Motorcycle and the Complainant did accordingly. Even after passing of one month the O.P could not provided the RC papers but all time assuring the Complainant to provide the same very shortly. But on checking the registration number in VAHAN PORTAL it was found that the  above registration number has already been issued to one Sri Binod Munda. On informed the O.P, he told that nothing will be happened and he will provide the RC book shortly. Due to non-supply of the RC book the Complainant is facing a lot of troubles and being harassed by visiting several times to the O.P. He also out of fear of being penalized by RTO, unable to ply the Motorcycle on road. The Complainant is paying the monthly Installments regularly.

The O.P, despite of service of notice he did not bother to appear before this Commission thus challenging the allegations made by the Complainant. So taking it in to consideration as “IT IS A YEAR OLD CASE”, this Commission has rightly decided to dispose the case as well setting the O.P as ex-parte in this case. Hence hearing conducted ex-parte under Rule-6 of Order-9 of Civil Procedure Code.

POINTS OF DETERMINATION:-

1. Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
2. Whether the O.Ps has committed any Deficiency in Service to the Complainant?

From the above discussion and materials available on records we inferred that the Complainant comes under the purview of Consumers as he has purchased a new HERO SPLENDOR Plus from the O.P a dealer at Jharsuguda on dtd. 08.01.2019 on payment of consideration. The O.P has sold the Motorcycle to the Complainant after receiving down payment from the Complainant as it is financed vehicle along with the charges towards Registration fees and Insurance fees. But the O.P has not provided the R.C. Book and Smart Card to the Complainant till the filling of this case, rather harassed her as being a poor man he has several time visited the showroom of the O.P. So it can be clearly observed that the Opp. Party has intentionally delayed the Registration of the said Motorcycle for which the Complainant has suffered a lot rather issued a registration number which was allotted to some other person. The Complainant is using the Motorcycle without any valid and genuine documents where there was every chance of theft or accident where exists risk by life of the Complainant. Recently the amendments to the Motor Vehicle Act were passed by the Parliament which has been come into effect from September 1, 2019 for which there is a heavy penalty for driving errors. In this situation it is a matter of high risk for a person to drive any vehicle without valid papers relating the vehicle along with driving license, helmet etc,. where there  is every chance of being trapped and to bear  fines.  Again the Opp. Party has a fraudulent intention for which has not got the motorcycle Registered in due time and misuse the money of the complainant. The matter is well settled in the case of “Sanjay Agrawal vs. Authorized Officer & Others” decided by Chhattisgarh State Consumer Disputes Redressal Commission,Pandri, Raipur (C.G) on 3^rd  May, 2014. Hence, the Opp. party has committed deficiency in service U/S-2(11) and Unfair Trade Practice U/S-2 (47)   of the Consumer Protection Act, 2019. Hence we order as under:

ORDER.

               The Complaint petition is allowed. The O.P is directed to deliver the Smart Card and R.C particulars of the said Hero Splendor Plus Motorcycle to the Complainant within15 days of receiving this order. Further the O.P  is directed to pay Rs. 30,000/- (Rupees Thirty Thousand )only  as compensation for mental agony of the petitioner and Rs.5,000/- (Rupees Five Thousand ) as litigation expenses to the petitioner  within 30 (Thirty ) days of receipt of this order failing which the O.P is liable to pay penal interest of 9% per annum on the above amounts.

              

               Office is directed to supply the free copies of the order to the parties receiving acknowledgement of the delivery of thereof.

 

               Order pronounced in the open court today i.e. 2^nd day of December, 2021 under my hand and seal of this Commission.

 

                  I      agree,                                        

           

           

 MEMBER                                                                                          PRESIDENT.

      Dictated and Corrected

             by me.

 

          PRESIDENT.