Orissa

Jajapur

CC/28/2014

Niharika Routray - Complainant(s)

Versus

The Manager Sky Automobiles(Formerly Maruti Automobiles) - Opp.Party(s)

Madhusudan Mahunta

20 Feb 2015

ORDER

                                             IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                                     Present:  1.Shri Biraja Prasad Kar, President.

                                                                                     2.Sri Pitabas Mohanty, Member,

                                                                                     3.Miss Smita Ray,Lady Member.

                                                                        Dated the 20th day of February,2015.

C.C.Case No.28 of 2014

Niharika Routray, W/O Ajay kishore Routray

At.Hirapur  P.O.Rambag,    

P.S/Dist.- Jajpur                                                          ……………..Complainant .                                                                                              

                        (Versus)

1. The Manager,SKY Automobiles (formerly maruti Automobiles)

    At/P.O. Bhanpur,N.H.5.Cuttack.

2. The Manager, Authorised Dealer ,Sky Automobiles out let-

    Benapur Chhak,Near Janha Hotel Jajpur Road, Dist. Jajpaur.    

                                                                                                   …………………………Opp.Parties.                                                                   

For the Complainant:      Sri M.S.Mahunta, Sri R.K.Jena, S,Mishra, Advocates.

For the Opp.Parties:       Sri  B.Ch.Ghaadei, Sri S.K.Sahoo, Advocates.

                                                                                 Date of order   : 20.02.2015  .

SHRI  PITABAS  MOHANTY, MEMBER.

                        The petitioner has come with this complain petition  alleging deficiency in service on the part of the O.Ps.

                        Brief  fact of the case as per complain petition are that the petitioner purchased one Brand New MARUTI ALTO –K10 XXA-AMR 4CD2 on dt.29.11.13 from O.P’s show room Sky Automobiles ,Bhanpur, Cuttack vide model No.K10BN,chasis No.MA3EA-DE1500501678 , Engine No.K10BN4602169  respectively. The petitioner also purchased the above maintained Car under Exchange Scheme of Maruti Suzuki India Ltd. That the cost of the new Car was Rs.3,22,188.00 and after exchange of the old ALTO Car bearing  Regd. No.OR-04H-3816  exchange value of Rs.76,757/- the rest  amount  of Rs. 2,25,431/- was  paid  by  the  petitioner  vide  demand  draft  bearing No.14049 dt.27.11.13 issued by Urban Co-operative Bank, Jajpur Town Branch. The above amount covers balance cost of the new car, insurance premium and  registration charges . Accordingly the O.Ps. issued retail invoice / money receipt  in favour of the petitioner mentioning the full and final amount as cost of the above vehicle and  clearly it was  mentioned that no finance /hypothecation  on the above vehicle.

                        That as per general terms and condition after delivery of vehicle the O.Ps. shall hand  over the original registration certificate  and others relevant documents relating to the newly  purchased vehicle but the O.Ps. handed over the photo copy of the registration certificate to the petitioner. In that registration certificate it has been mentioned that the above purchased new vehicle is hypothecated to U.CO. Bank,Kuanpal Branch, Cuttack where as the petitioner has purchased the vehicle by cash. That on the very day the petitioner intimated the office of the O.Ps. about the mistake and demanded the mistake free original R.C Book. Thereafter the petitioner contacted over phone and personally visited the office of the O.Ps. at Jajpur Road and Cuttack in order to rectify the mistake committed by the O.Ps. That on 03.03.2013  O.Ps. flatly refused  to rectify the mistake of the documents and handed over the original R.C Book stating  the petitioner not to disturb them. So without relevant documents the petitioner could not play the vehicle due to  deficiency of service on the part of the O.Ps. for not providing the original correct registration certificate. Therefore, finding no ulternative way ,the petitioner knock the door at the Fora with the prayer   to direct the O.Ps. to hand over the correct original Registration Certificate and claiming Rs.50,000/- compensation towards mental agony.

                        In the present case there are two O.Ps..After noticed they appeared through their advocate and filed a petition along with original R.C Book. In that petition the O.Ps. stated that :

1. The case of the petitioner is that to direct  the O.Ps. to submit the correct registration certificate  and compensation for mental agony.
2. That due to problem in the R.T.O office the correct R.C Book was not supplied which is not due to the mistake on the part  of the O.Ps.
3. That today the O.Ps are depositing the original R.C Book with necessary correction. That may/ should be handed over to the petitioner.

That in the above mentioned  facts and circumstances the C.C.Case No.28/14 may be dropped.

                        Thereafter the advocate for the petitioner received the original R.C Book and filed objection to the above petition filed by the O.Ps.

                        In view of the above contradicting views of  both the parties and after perusal of the record along with documents filed from both the sides we are inclined to decide the present dispute as stated below:-

                        Admittedly it is cleared that the petitioner purchased a new MARUTI ALTO K10 from the O.Ps. on dt.29.11.13 by exchanged her old ALTO Car. After exchange of the old car the balance amount of the new Car Rs.2,25,431/-  has been paid by the petitioner vide Demand Draft  bearing No.14079 dt.27.11.13  issued by the Urban Co-operative Bank ,Jajpur Town branch. The above amount includes the registration charges and Insurance premium of the vehicle. The O.Ps also issued money receipt / retail invoice to the petitioner that the amount relates to full and final payment and no finance over the above vehicle. After verification  the documents filed by both the parties it is unknown under what circumstances the O.Ps. handed over the photo copy of the R.C Book dt. 15.01.2014 of the above new purchased vehicle  wherein it is  reflected that the above vehicle hypothecated by U.Co. Bank Kuanpal Branch ,Cuttack . Besides this the Car purchased on dt.29.11.13 by Cash and  the registration has been  done on dt.15.01.14 after lapse of 47 days  and thereafter  the O.Ps. handed over the photo copy of the defective R.C Book. It is also found that the O.Ps. are unable to establish that what step they have  taken to rectify the error of the R.C Book . Besides the O.Ps. deposited the original rectified R.C Book before the Forum after filing of the C.C.Case and during pendency of the present dispute and expiry of 7 (seven) months, where as without original R.C Book the vehicle could not play over on the road. This is nothing but clearly deficiency in service on the part of the O.Ps. . Accordingly the dispute is allowed against the O.Ps. as per the order stated below:-.

                                                                    O R D E R

                        In the net result the dispute is allowed against the O.Ps. .  The O.Ps. are  directed to pay  Rs.5,000/-( five thousand) as compensation for mental agony to the petitioner within one month after receipt of this order, failing which the petitioner is at liberty to take proper step as per law.  The above amount of compensation has been allowed as per observation of national Commission reported in 2005(III) CPJ-30-N.C,since the O.Ps. have filed the correct R.C Book after filing of the present dispute.

                        This order is pronounced in the open Forum on this the 20th day of  February ,2015. under my hand and seal of the Forum.

                                                                                            (Shri Pitabas Mohanty)

                                                                                                              Member.

(Shri Biraja Prasad Kar)                                         Typed to my dictation & corrected by me                                             

          President                                                                    

 

 

                                                                                     (Shri Pitabas Mohanty)

 (Miss Smita Ray)                                                                            Member.

   Lady Member.