-1-
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
PASCHIM MEDINIPUR.
Sadananda Sarkar, President-in-charge.
-and-
Angshumati Nanda,Ld.Member.
Complaint Case No.CC/88/2021
,
Animesh Maity
S/O- Madan Maity
Vill-Tildaganja,
P.O. –Jalchak, P.S-Pingla
Dist. – Paschim Medinipur,
Pin - 721155
………….….……Complainant.
-Versus-
- The Manager KK Automobiles
Authorised dealer of
Baba Honda,
Pingla Market Compex,
Paschim Medinipur.721140
- The Manager Baba Honda,
Kharagpur,
O.T. Road, P.O-Matkatpur,
Pin-721305
.........................Opposite parties
Date of filing: -23.09.2021 Date of disposal: -11.10.23
Order No.16
Contd..2.
-2-
C.C. Case No. CC/88/2021
FINAL ORDER/JUDGEMENT.
Angshumati Nanda, Ld. Member: -
The fact of the case is that the complt. has purchased one two wheeler BS IV Honda DIO, STD, RED colour being Chassis No.ME4J39HJKG039697 from O.P’s show room on 03.11.2019 at a consideration money of Rs.70,000/- At the time of purchase the OP disclosed that the Premium of insurance and cost of Registration which has been include in that amount by the Op authority .OP has also issued road challan in favour of the complt on 31.12.19 .But the registration has not given by the OP till now .Complt has intimated the OP several times about the registration but they did not pay any heed to that matter .as such complt facing serious problem to run his two wheeler.
On 10.02.21 complt intimated the matter before Pingla police station but police did not take any steps. Lastly complt send Lawyer’s Notice on 16.07.21 .O.Ps have received the Notice but in vain.
On several occasion the complt tried his level best to solve the problem by mutual understanding but O.Ps never showed any intention to settle the matter.
No other alternative, the complt is being filed the instant case with a prayer which indicate in the prayer portion of the above mentioned complainant petition .
After admitting the case as usually notices have been send to the O.Ps. After receiving notice the Op No1 &2 appeared on 05.01.22 by filing vokalatnama.
But in later stage the O.Ps found absent without steps. The case has been fixed for show cause. The O.Ps neither file any show cause nor W/V .As such the case was fixed for exparte hearing..
Complt files his evidence as PW-1 supported by affidavit and some documents by firisti. Complt also files BNA to prove this case.
In this evidence the complt Animesh Maity has fully corroborated the case of the petition if complaint in material particulars. Complt purchased a above mentioned two wheeler by a consideration of Rs.70,000/- only by cash. OP has gave road challan insurance certificate etc. OP disclosed that a sum of Rs.70,000/- has taken including for vehicle registration Insurance Premium and Road Challan. But OP did not registered the said vehicle till now in favour of the complt .Complt tried to his best to solve the matter amicably but OP did not pay any heed. Complt send legal notice to the OP .Although the O.Ps received the notice but did not take any necessary steps.
Contd…3.
-3-
Inspite of the legal notice OP did not reply and never showed any intention to settle the matter Without Registration the complt cannot run the vehicle smoothly. The allegation of non availability of service has been sustained by the complt. Since the same is un rebutted as the OP remain absent from contesting this case .So in view of the evidence of the complt supported by affidavit and some documents remaining unchallenged and uncontroverted , it is held that the complt’s case is proved and he is entailed to the reliefs as prayed for .
Hence, it is
ORDERED
That the complaint case no CC/88/21 be and the same is allowed exparte against the O.Ps. The O.Ps are directed to registered the two wheeler vehicle being Chassis No. ME4J39HJKG039697 Engine No.JF39BG0066212 within a month from this date of order.
O.Ps are further directed to pay Rs.15000/-(fifteen thousand) for compensation along with Rs.5000/-(five thousand) as cost.
Let a copy of this order be given to the complt. Free of cost.
Member. President-in-charge,
District Commission,
Paschim Medinipur.
