IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
MURSHIDABAD AT BERHAMPORE.
CASE No.CC/173/2015 .
Date of Filing: 16.12.2015. Date of Final Order: 27.10.2016.
Complainant : Monirul Seikh, S/O Late Kajir Hossain Seikh, Vill.&P.O. Uttargopinathpur,
P.S. Khargram, Dist. Murshidabad. Pin 742159.
-Vs-
Opposite Party: 1. The Manager, S.N. Motors Pvt. Ltd. Vill. Mankara, P.O. Balarampur,
P.S. Berhampore, Dist. Murshidabad. Pin 742165.
2. The Manager, Mahindra Motors, Red. Office- M.K. Road, P.O. Jhalihalia ,
Dist. Malda. Pin 732102.
3. The Managing Director, Mahindra & Mahindra Ltd. Mahindra Towers,
G.M. Bhosale Marg. Worli, Mumbai-400018.
Present: Sri Anupam Bhattacharyya …………………. President.
Sri Samaresh Kumar Mitra ……………………..Member.
FINAL ORDER
Sri Anupam Bhattacharyya,Presiding Member.
The instant complaint has been filed by the complainant u/s 12 of C. P. Act, 1986 praying for direction upon the OP to give Registration No, Blue Book and other documents to the complainant relating to the vehicle purchased by him and for payment of interest of the cost and loss of income during 23 months amounting to Rs.4.6 lacs and Rs.50, 000/- for harassment and mental agony.
The complaint’s case, in brief, is that the complainant purchased one Mahindra Maximo Mini Van on 16.01.14 from OP No.1 for Rs. 3,80,981/- by 48 equal installments of rs.10,250/- after down payment of rs.80,640/- . The Registration Number, Blue Book and other documents of the vehicle will have to be handed over to the complainant after someday of purchasing the vehicle on 16.01.2014. In spite of repeated demand the OP No.1 did not give the same to the complainant and ultimately on 19.11.15 he refused to give the same and when the complainant has filed this case. Hence, the instant complaint case.
The written version filed by the OP No.1 in brief, is that the complainant informed this OP No.1 that he would register the said vehicle on his own accord. For this reason, no registration cost was taken from the complaint. Registration cost was excluded from the cost of the vehicle. This OP is not entrusted with duty of making registration of the said vehicle so question of handing him the registration certificate or registration number does not arise at all. The other documents of the said vehicle were duly handed over to the complainant while delivery of the said vehicle.
The instant complaint is for getting Registration Number, Blue Book and other documents relating to Mahindra Maximo Mini Van from OP No.1 and for compensation for loss of income and harassment. There is no deficiency of service on the part of this OP No.1; the case is liable to be dismissed.
The written version filed by OP No.3, in brief, is that this Op No.3 is manufacturer of the vehicle and selling the same to the appointed dealer on principal to principal basis and this OP has no role in the present transaction in between complainant and Op No.1 and for that prayer for expunge from this proceedings. Hence, the instant written version.
Considering the pleadings of both parties the following points have been raised for the disposal of the case.
Points for Decision
- Whether the case is maintainable in its present form & law?
- Whether the case is barred by principal of waiver, estoppels and acquiesces?
- Whether the case is barred by law of limitation or not?
- Whether the complainant is entitled to get the relief as prayed for?
- To what other relief/reliefs the complainant may get?
Decision with Reasons.
Point Nos. 1 to 5.
All the points are taken up together for the sake of convenience.
The instant complaint is for direction upon the OP to give Registration No, Blue Book and other documents to the complainant relating to the vehicle purchased by him and for payment of interest of the cost and loss of income during 23 months amounting to Rs.4.6 lacs and Rs.50, 000/- for harassment and mental agony
The complainant’s main case is that in spite of repeated demand Op No.1 has not supplied the Registration Number, Blue Book and other documents of the vehicle purchased which ought to be delivered after few days of purchase on 16.10.14 and ultimately, refused on 19.11.15 and then the complaint was filed.
On the other hand the OP No.1’s main defense is that the complainant informed him that he would registered the vehicle on his own accord and for that registration cost was excluded from the cost of the vehicle and for that there is no question of any deficiency in service on the part of this OP No.1.
To prove the case the complainant has adduced evidence on affidavit with supplementary evidence with affidavit and the relevant documents in support of his case.
In this case the OP No.1 from whom the particular relief has been claimed, rather prayed for, has not adduced any evidence as to his specific defense that cost of registration was deducted from the cost of vehicle as the same would be borne by the complainant as informed by complainant to OP No.1.
The complainant has discharged his primary onus that he has purchased the vehicle from OP No.1 making down payment of Rs.80,640/- receipt filed and got delivery of vehicle on the same day on down payment, delivery challan filed where it is clearly mentioned that the vehicle is financed by MMFSL.
In absence of specific material as to defect case on getting delivery of vehicle after payment it is quite usual that Registration No. , Blue Book and other documents relating to vehicle will be supplied by the OP No.1.
Admittedly, the vehicle was purchased with loan and in this case there is no dispute as to defaulter in payment of installments and for that registration number was not delivered.
That being so in this case the complainant has clearly discharged its onus where the OP No.1 has hopelessly failed to discharge its onus as to the aforesaid information and deduction of registration cost from the cost of vehicle and agreement if any, in this regard and for that the complainant is entitled to get registration Number, Blue Book and other documents relating to the vehicle and the OP is responsible to take steps for supplying the same.
Considering the above discussions as a whole we find that all the points are disposed of in part in favour of the complainant and as such the complaint be allowed in part against the OP No.1 as to supply of Registration No, Blue Book and other documents relating to the vehicle and for absence of any specific prayer seeking any relief against OP Nos. 2&3, the case be dismissed against OP Nos. 2&3.
Hence,
Ordered
that the Consumer Complaint No. 173/2015 be and the same is hereby allowed on contest in part against the OP No.1 and dismissed against the OP Nos. 2&3.
The OP No.1 is directed to supply the Registration No., Blue Book and other documents relating to the vehicle which was purchased by the complainant, within 60 days from the date of receipt of this order, failing which the OP No.1 is to pay fine @Rs.50/- per day’s delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
Member President
