DATE OF FILING : 11-12-2013.
DATE OF S/R : 06-02-2014.
DATE OF FINAL ORDER : 07-07-2014.
Sri Sripati Mandal,
son of late Tulsi Das Mandal,
residing at Village – Barkolia, P.O. Nabagram,
P.S. Shyampur, District – Howrah.------------------------------------------- COMPLAINANT.
- Versus -
1. The Manager,
RoyaL Motors,
135A, S.P. Mukherjee Road,
Kolkata – 700026.
2. Mohan Ghose,
Village Deaun, P.O. Baksi,
District – Howrah.
3. The R.T.O.,
Howrah New Collector Building,
District – Howrah,
PIN – 711101.------------------------------------------------------OPPOSITE PARTIES.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
1. The instant case was filed by complainant U/S 12 of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the o.ps. to provide registration number to his vehicle one Alfa pick up diesel van and to pay compensation of Rs. 1 lakh and litigation costs of Rs. 20,000/- together with the prayer for refund of Rs. 2,300/- as the repeated requests of the complainant to provide the registration number went unheeded.
2. The o.ps. did not file any written version. So the complaint was heard ex parte.
3. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
ii) Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
4. Both the points are taken up together for consideration. From the enclosures it is found that the complainant purchased one Alfa pick up diesel van at a total payment of Rs. 1,51,109/- including road tax, insurance and registration charge. In spite of repeated requests the o.p. no. 1 did not provide the registration number though subsequently collected additional some of Rs. 2,300/- for temporary registration.
5. In view of unchallenged testimonies it is palpable that the o.ps.’ conduct suffers from gross deficiency in service. It is, therefore, a fit case to pass necessary order in terms of the prayer. Both the points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 434 of 2013 ( HDF 434 of 2013 ) be and the same is allowed ex parte against the o.p. nos. 1 & 2 with costs and without costs against the o.p. no. 3.
The O.P. nos. 1 & 2 be directed to provide registration number after obtaining the same from the competent authority i.e., o.p. no. 3 within 30 days from the date of this order.
The o.p. nos. 1 & 2 be further directed to pay a compensation of Rs. 5,000/- for causing unnecessary harassment and Rs. 2,000/- as litigation costs to the complainant.
The o.ps. be further directed to refund the sum of Rs. 2,300/- collected from the complainant to cause registration.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( T.K. Bhattacharya )
President, C.D.R.F.,Howrah.