DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. NO- 385/2017
Date of Filing: Date of Admission: Date of Disposal:
18.07.2017 26.07.2017 07.01.20019
Complainant :- Mausumi Pal
57, Lalit Mohan Bhattacharjee Street
P.O + P.S.Serampore
Dist.- Hooghly,
Pin- 712201
=Vs=
Opposite Parties:- To
The Manager of AQUAD YAMAHA
A unit of Aquad Ventures Pvt. Ltd.
27/1, B.T. Road,
P.O.- Kamarhati, P.S.- Belghoria,
Kolkata- 700058
P R E S E N T
:- Sri. Bankim Chandra Chattopadhyay………..…..President.
:- Smt. Silpi Majumder ……………………………………Member.
:- Smt. Monisha Shaw …………………………………….Member.
Final Order Judgment
The Complainant stated that the brief case of the complaint that Complainant purchased a Two Wheeler Model RAY – ZR make Yamaha classis No.ME ISE77H9G0033516, Engine No.E3N8E0406896, Colour Battle Green from O.P. For Rs. 67,483/- vide in voice No 562/16-17 dt. 14.10.2016.
That Ex- showroom Price of the said Two Wheel is Rs.55,980/- and insurance, Tax (life time) and Registration Certificate fee Rs. 11,530/- out of Rs. 67,483/-. That at the time of delivery the O.P. supply only insurance certificate but the others documents like Registration Certificate and Tax Token did not supply till today.
The cause of action of the instant Case arose on and from 14.10.10, 09.02.2017 and 05.04.2017.
O.P contested the case by filing W/V and denied all the allegation of the Complainant.O.P. as stated that due to an inadvertent mistake of a registration agent namely, Mr.Hanif because of a major fault of Howrah RTO, the Vehicle of the Complainant was wrongly registered at Howrah, RTO instead of Hoogly, RTO. The O.P. herein apologized to the Complainant several times for the registration of Howrah , RTO and make the registration at Hoogly, RTO as early as possible. Finally on 23rd June, 2017 the vehicle was duly registered on Hoogly, RTO.
O.P. has further stated that the Howrah, RTO which is a government authority is at fault at large as they being the supreme authority for registration of vehicle registraterd the vehicle without minimum verification as in the form and tax invoice the address of the complainant namely Mousumi Pal which is 57 Lalit Mohan Bhattacharjee Street, P.O. and P.S. Serampore, Hooghly- 712201 clearly mentioned.
Though the registration agent made a mistake by putting the registration form in the wrong bunch which was for Howrah RTO. The Howrah RTO was at fault immensely as they registrered the vehicle without minimum verification of customer address which amounts to gross negligence on the part of a government authority in consequence of which your O.P. is a suffering and facing harassment immensely goodwill of the O.P.
Prayer of the Complainant .
1.-To supply the Registration certificate and Tax Token of the said two Wheeler immediately or return purchase money Rs. 67,483/- to the complainant.
2.-Compensation Rs. 20,000/- for harassment and mental agony of the Complainant.
3.-Litigation cost of Rs.5,000/- .
Point for decision-
Is the complaint maintainable?
Is the Complainant to get the relief as prayed for?
Decision with reason
Parties have not pressed the 1st issue and it seen that the case is maintainable.
O.P. admitted that the purchase of the two wheeler Model by the Complainant and payment of the consideration money to the O.P.
O.P. also admitted that the registration certificate has not been supplied to the O.P. inspite of payment.O.P. has stated due to the mistake by a registration agent the same could not be supplied to the Complainant. O.P. also admitted that it is too difficult to run on road without permanent registration in paragraph 8 in W/V. Due to an agent’s mistake Complainant’s entitlement to get the registration certificate from the O.P. cannot be brushed aside.
Hence we find Complainant is entitled to get this registration certificate from the O.P.and also entitled to get compensation for the delay in supplying registration certificate of the vehicle.
Hence
It is
Ordered
The Complainant will be the same be allowed on contest against the O.P. The O.P. is directed to supply registration certificate and Tax Token of the disputed two wheeler within one month from the date of this order.In default O.P. will refund the purchase money Rs. 67,483/-. Further direct upon O.P. to pay compensation Rs.4,000/-and litigation cost of Rs.2,000/-to the Complainant. In default O.P. will have to pay 10% interest on the total amount till actual payment .
Complainant is given liberty to recover the amount according to law by putting the decree in execution.
Member Member President
Dictated and corrected by
