Order No. 5 dt. 26/03/2019
Case of the complainant in brief is that being a housewife the complainant wanted to purchase an Auto Rickshaw in order to maintain her livelihood. Accordingly the complainant purchased an Auto Rickshaw, Model name Bajaj RE compact from o.p. no.1 dealer by paying Rs.10,000/- out of Rs.1,94,400/- on 5.12.2017. Remain balance amount was paid by three installments. It is stated in the petition of complaint that the said vehicle was delivered on 9.4.2018 with a key, a photocopy of insurance papers, original tax receipt, delivery challan and number plate receipt. It is further stated that after receiving all the documents the complainant has found some mistakes on papers of number plate and also in the insurance policy paper. Immediately after she was realizing the fact the complainant informed the said fact to the concerned authority at Baruipur office but to no effect. Thereafter the complainant informed the said fact to the Bajaj Auto Agency Pvt. Ltd. 4 no. Ganesh Chandra Avenue, Kolkata-700013 but she received no satisfactory reply from the o.p.’s end. On several occasions the complainant requested the o.p. to rectify all documents / papers of her Auto Rickshaw so that she can run the vehicle in road, but till date o.p. did nothing to that effect. The complainant has further stated that M.V. Department stated by a letter dt.26.5.2017 that they were ready to issue permit by receiving relevant papers and prescribed fees but she could not avail the opportunity for the negligent manner of the o.p. and suffer a lot. Finding no alternatives the complainant filed this case praying for direction upon the o.p. to take necessary steps to correct the mistakes which happened on the number plate and in the insurance policy paper, to handover key of the vehicle and to arrange issuance of road permit along with compensation.
In spite of service of notice none appeared on behalf of o.p. hence the case was proceeded ex parte against o.p. by order no.3 dt.18.3.2019.
In order to prove her case the complainant filed evidence on affidavit from where it appears that the complainant purchased an Auto Rickshaw which she intended to register at Alipore M.V. Department but the registration was made under Regional Transport office at Baruipur and she requested the o.p. to take necessary steps to register her vehicle under M.V. Department at Alipore. It further appears that in the insurance certificate relationship between insured and nominee are mentioned wrongly for which the complainant on several occasions requested the o.p. to correct the same but o.p. did not do anything to take necessary steps which amounts to deficiency in service on the part of the o.p. due to that the complainant had to incur a loss. The evidence adduced by the complainant has remained unchallenged, therefore we have no other alternative but to accept the contention of the complainant.
In the above discussion we are of the opinion that the complainant has corroborated to prove her contention and thus she is entitled to get relief as prayed for.
Hence, it is
Ordered,
That the CC No.358/2018 is allowed ex parte with cost against the o.p. The o.p. is directed to take necessary steps to register the Auto Riskshaw of the complainant under M.V. Department, Alipore, to issue road permit, to handover original key of the vehicle and to correct insurance certificate (relationship mentioned there) within one month from this date of order. The o.p. is further directed to pay Rs.5000/- (Rupees five thousand) only towards compensation for harassment and mental agony to the complainant within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
