Ld. Advocate(s)
For Complainant: Debraj Das
For OP/OPs : None
Date of filing of the case :12.05.2022
Date of Disposal of the case :23.02.2023
Final Order / Judgment dtd.23.02.2023
Complainant Soumyajit Patra files the present complainant against the aforesaid opposite parties under section 35 of the Consumer Protection Act, 2019 alleging deficiency in service and prayed for direction to the opposite parties to hand over the documents relating to registration of vehicle, compensation amounting to Rs.50,000.00 (Rupees fifty thousand) and cost of the case amounting to Rs.15,000.00 (Rupees fifteen thousand).
It is the allegation of the complainant that he had purchased one Honda Motor Scooter from the OPs and also paid the ex-show room price and all the expenses like registration fees, life time tax, Insurance and other documents of the Honda Motor Scooter.
Model of the said Honda Motor Scooter is HONDA Grazia Drum BS4. Engine no. is JF49EW2072199 and Chassis no. is ME4JF49HKKW 026423. Said Honda Motor Scooter was purchased on 21.03.2020 from the OP No.1 and complainant paid Rs.86,700.00 as ex-showroom price. But OP No.1 did not provide documents of the vehicle to the complainant as per his promise. Hence, the complainant files this case.
Thereafter complainant sent a legal notice through his Ld. Adv. to the OP No. 1-4 on 01.03.2022 but they did not pay any heed.
We find from the order no.4 dtd. 22.07.2022 that in spite of receipt of the notice, OP No.1,3,4 not yet appeared in this commission, nor filed W/V. Accordingly the case has proceeded ex-parte against them.
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We also find from the order no.7 dtd. 14.11.2022 that in spite of receipt of the notice, OP No.2 not yet appeared in this commission, nor filed W/V. Accordingly the case has proceeded ex-parte against him.
Trial
During trial complainant Soumyajit Patra filed affidavit in chief and also filed certain documents.
Documents
Following documents have been produced on behalf of the complainant viz :
- Road Challan issued by Ansari Auto Centre dtd.21.03.2020……….(One sheet)…….(Original)
- Money Receipt issued by Shoukat Ansari Pvt. Ltd. dtd.21.03.2020 amounting to Rs.85,700.00…..(One sheet)…..(Original)
- Money Receipt issued by Shoukat Ansari Pvt. Ltd. dtd.16.03.2020 amounting to Rs.1,000.00…..(One sheet)…..(Original)
- Insurance Policy issued by Go Digit General Insurance Ltd. Dated 23.03.2020...(Two sheets)....(Computerised Copy)
- Five Postal Receipts...........(One sheet).....(Original)
- Legal Notice issued by Rajdeep Majumder, Advocate.......(Three sheets)........(Computerised copy)
Brief Notes of argument.
Complainant in support of his case filed Brief Notes of Argument dtd. 08.02.2023.
Argument
Ld. Adv. for the complainant argued before this commission that complainant purchased the aforesaid Honda Motor Scooter from the OP No.1 and paid Rs.86,700.00 (Rupees eighty six thousand seven hundred) to him with the assurance that he will give documents of the Honda Motor Scooter within one month but he did not give the same in favour of the complainant. They did not pay any heed in respect of the legal notice sent by the complainant. Even they did not take any action after receipt of the Advocate’s letter.
Decision with Reasons
It is the allegation of the complainant that he purchased the aforesaid Honda Motor Scooter from OP No.1 and paid Rs.86,700.00 (Rupees eighty six thousand seven hundred) to him with the assurance that he will give documents of the Honda Motor Scooter within one month but he did not
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give the same in favour of the complainant and OP No.1-4 did not pay any heed in respect of the legal notice sent by the complainant.
The present dispute relates to business transaction in between complainant and opposite parties. Present dispute also relates to the fact that OP No.1 gave assurance to provide necessary documents which are required to ply a Honda Motor Scooter on road but he did not provide the same in favour of the complainant. From the description of opposite parties, mentioned in the petition of complaint we find that OP No.1 is the local representative of OP No.2-4.
From the aforesaid allegation of the complainant and considering the documents on record we are of the firm view that complainant is the consumer under the provision of Consumer Protection Act, 2019.
On perusal of document dated 21.03.2020 we find that complainant purchased one Honda Motor Scooter on 21.03.2020 being Model GRAZIA DRUM, Chassis No. ME4JF49HKKW 026423, Engine NO.- JF49EW2072199, Key No.-8093 valued Rs.86,700.00 and took delivery of the said Honda Motor Scooter.
It is the allegation of the complainant that at the time of purchase of aforesaid Honda Motor Scooter OP No.1 has assured that he would arrange registration of the said Honda Motor Scooter, payment of life time tax and payment of Insurance amount and also arrange other documents of the said vehicle. As per demand of the OP NO.1 complainant was agreed to pay the money which were required for the arrangement of aforesaid documents. Complainant alleged that he paid Rs.86,700.00 (Rupees eight six thousand seven hundred) as cost of the Honda Motor Scooter and cost of aforesaid documents.
On perusal of the money receipt dtd.21.03.2020 and 16.03.2020 we find that complainant already paid Rs.86,700.00 (Rupees eighty six thousand seven hundred)
On perusal of original policy documents we find that policy of the aforesaid vehicle was issued on 23.03.2020 and amount of the Insurance Premium is Rs.3,365.00 (Rupees three thousand three hundred sixty five).
It is the allegation of the complainant that in spite of receipt of aforesaid amount OP No.1 only provided Insurance Policy to the complainant but till date OP No.1 not yet provided any document such as Registration, Life Time Tax of aforesaid Honda Motor Scooter and other documents which are required for the purpose of ply of aforesaid Honda Motor Scooter.
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OP NO.1-4 not yet appeared in this record so we could not know as to why they did not supply the aforesaid document in favour of the complainant.
Ld. Adv. for the complainant further argued before this Commission that without proper documents of the Honda Motor Scooter such as registration document, document relating to payment of tax of the Honda Motor Scooter it is not possible for the complainant to ply the aforesaid Honda Motor Scooter because it is the gross violation of Motor Vehicle Act. Due to non-supply of aforesaid documents by the OP NO.1-4 complainant is not in a position to use the aforesaid Honda Motor Scooter.
On perusal of Insurance Policy we find that said document was issued on 23.03.2020 where vehicle was delivered on 21.03.2020.
As per section 41 of the Motor Vehicle Act, 1988, in case of a new motor vehicle, the application for registration in the state shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same state in which the dealer is situated.
Having considered the facts and circumstances of this case, evidence on records and documents on record we find that complainant has able to established that OP No.1-4 did not provide the documents of the vehicle such as registration documents of aforesaid Honda Motor Scooter, document relating to payment of life time tax and other documents which are necessary to ply the Honda Motor Scooter on road and the aforesaid act on the part of OP No.1-4 are nothing but deficiency in service. Due to the aforesaid act of OP No.1-4 complainant not in a position to ply the aforesaid Honda Motor Scooter on road as a result he sustained mental pain and agony and accordingly complainant is entitle to adequate amount from the OP No.1-4 as compensation.
So necessary direction should be given to OP No.1-4 for arrangement of aforesaid documents such as registration documents of aforesaid Honda Motor Scooter, document relating to payment of life time tax and other documents which are necessary to ply the Honda Motor Scooter on road.
In the result present case succeeds. Hence,
It is
Ordered
that the present case be and the same is allowed ex-parte against OP No.1-4 with cost of Rs.3000.00(Rupees three thousands) to be paid by OP No. 1-4 in favour of the complainant.
OP No.1-4 jointly or severally are directed to arrange the documents of the aforesaid Motor Bike such as registration document, documents relating to payment of life time tax and other documents which are necessary to ply the Honda Motor
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Scooter on road within one month on the other hand OP No.1-4 are directed to refund the amount of Rs.86,700.00 (Rupees eighty six thousand seven hundred) along with interest @ 9% per annum from 21.03.2020 to till the date of actual payment after taking delivery of the aforesaid Honda Motor Scooter from the complainant within next one month i.e two months from this date failing which complainant shall have liberty to put this order into execution.
OP No.1-4 jointly or severally are directed to pay Rs.10,000.00(Rupees Ten thousands) to the complainant as compensation for his physical harassment and for his mental pain and agony within one month from this order failing which complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to the complainant as free of cost.
Let a copy of this order be sent to OP No.1-4 for compliance.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
