Ld. Advocate(s)
For Complainant: Debraj Das
For OP/OPs : None
Date of filing of the case :03.08.2022
Date of Disposal of the case :12.05.2023
(2)
Final Order / Judgment dtd.12.05.2023
Complainant above named files the present case against the aforesaid opposite party u/s 35 of Consumer Protection Act, 2019 and prayed for an order directing the OP to hand over the original registration certificate, life time road tax and other documents like cash receipt etc, compensation amounting to Rs.50,000/- (Rupees fifty thousand) and litigation cost amounting to Rs.15,000/- (Rupees fifteen thousand).
He alleged in the petition that he purchased one motor bike from the OP who is authorised dealer of Motocrop and paid Rs.1,26,000/- (Rupees One lakh twenty six thousand) on 30.11.2019. He paid the said amount as price of the aforesaid motor bike on road price. Out of said amount he paid Rs.30,000/- (Rupees Thirty thousand) in cash as down payment and remaining amount was paid by Hero Fin Crop limited as loan. OP assured that they will supply necessary documents of the aforesaid motor cycle but those documents not yet been handed over to the complainant. Complainant sent a legal notice to the OP and OP has received the same on 03.02.2022 but OP did not pay any heed. Hence, he files this case.
On perusal of order no. 8 dated 16.02.2023 we find that OP received the notice of this case on 11.11.2022 but till 16.02.2023, he did not appear before this Commission nor filed W/V. Case is running ex-parte against the OP.
Trial
During trial complainant filed affidavit in chief of complaint. He also filed certain documents which reads as under:-
Documents
Following documents have been produced on behalf of the complainant viz :
- Original copy of Retail Invoice dated 30.11.2019……….(One sheet)
- Original copy of Insurance Certificate valid from 02.12.2019 to 01.12.2024……….(One sheet)
- Original copy of Postal Receipt dated 02.02.2022…..(One sheet)
- Xerox copy of Advocate’s Legal Notice dtd. 01.02.2022…….(One sheet)
- Computerised copy of Hero Fin Corp Ltd. Account Statement generated 09.10.2021……….(Five sheets)
Brief Notes of argument.
Complainant files Brief Notes of Argument.
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Argument
Ld. Adv. for the complainant argued before this Commission that complainant purchased the aforesaid motor cycle from the OP and he paid on road price as Rs.1,26,000/- OP promised that he will supply all the necessary documents in favour of the complainant but till date he did not supply the same in favour of the complainant. During hearing Ld. Advocate for the complainant further submitted that a registration certificate has already been prepared before the RTO, Nadia. He filed net copy of document. He also filed another net copy in support of the fact that insurance policy of the aforesaid vehicle has already been prepared in the name of complainant but till date those documents and other necessary documents not yet been supplied to the complainant.
Hence the complainant files this case.
Decision with Reasons
On perusal of document issued by OP we find that said document relating to a motor bike having Chassis No.MBLLCU024KGL00048, Engine No. MC20AFKGL00016. It has also mentioned therein that ex-showroom price is Rs.98799.36. On perusal of another document we find that aforesaid motor cycle having chassis no. MBLLCU024KGL00048, Engine No. MC20AFKGL00016 has been duly insured with effect from 02.12.2019 to 01.12.2024 and insurance premium amounting to Rs.8953/- has been paid. On perusal of affidavit in chief of the complainant we find that complainant has corroborated the allegation of the petition of complainant. Said document is nothing but unchallenged testimony. So we do not find any reason to ignore the said document.
On careful perusal of the allegation which has been mentioned in the petition of complaint we find that complainant is the consumer and OP is the service provider.
On perusal of advocate’s notice dated 01.02.2022, we find that Ld. Adv. Koyal Parveen requested the OP to supply the documents of the aforesaid motor bike within 15 days. But we find from the affidavit in chief that OP not yet supplied the documents of the aforesaid motor bike till date. Ld. Advocate for the complainant further argued before this Commission that without proper documents of the motor bike such as registration document, document relating to payment of tax of life time it is not possible for the complainant to ply the aforesaid motor bike because it is the gross violation of the motor vehicle’s act. Due to non supply of aforesaid documents by the OP, complainant could not use the aforesaid motor bike.
Having considered the facts and circumstances of the case evidence of record and documents on record we find that complainant has able to
(4)
established that OP did not provide the documents of the aforesaid motor bike such as registration documents of aforesaid motor bike, documents relating to payment of life time tax and other documents which are necessary to ply the motor bike on road and the aforesaid act on the part of OP is nothing but deficiency in service.
Due to the aforesaid act of OP, complainant could not ply the aforesaid motor bike on road as a result he sustained mental pain and agony and accordingly complainant is entitled to adequate amount from the OP as compensation. So, necessary direction should be given to OP to supply the aforesaid documents in respect of aforesaid motor bike.
In the result present case succeeds
Hence,
It is
Ordered
that the present case be and same is allowed ex-parte against the OP but without any order as to costs.
OP is directed to arrange or supply the documents in respect of aforesaid motor bike such as registration document, document relating to payment of life time tax and other documents, which are necessary to supply the motor bike on road within one month from this date failing which OP is directed to refund Rs.1,26,000/-(Rupees One lakh twenty six thousand) along with interest @ 9% per annum from 03.11.2019 to till the date of actual payment after taking delivery of the aforesaid motor bike from the complainant within next one month i.e within two months from this date failing which complainant shall have liberty to put this order into execution.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
We concur,
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MEMBER MEMBER
(NIROD BARAN ROY CHOWDHURY) (MALLIKA SAMADDAR)
