Ld. Advocate(s)
For Complainant: Debraj Das
For OP/OPs : None
Date of filing of the case :05.09.2022
Date of Disposal of the case :02.06.2023
Final Order / Judgment dtd.02.06.2023
Complainant above named filed the present case u/s 35 of the Consumer Protection Act, 2019 against the aforesaid opposite parties praying for direction to the OP No.1 & 2 to supply documents of the Motor Bike such as Registration Certificate, Lifetime Road Tax and other documents, compensation amounting to Rs.1,00,000/- and cost of the case amounting to Rs.15,000/-.
He alleged in the petition of the complaint that he purchased one Motor Bike from the OP NO.1 who is the dealer of OP No.2 on payment of cash of Rs.81,300/- on 27.05.2020. He only supplied copy of Insurance Certificate which was issued on 29.03.2022 in the name of Sandip Choudhury. Complainant paid on road price of the aforesaid Motor Bike including the fees for Registration Certificate, Road Tax and other documents. Complainant issued one legal notice through his Ld. Adv. on 14.07.2022 but he did not get any fruitful result. Hence he filed this case.
Case is running ex-parte against OP NO.1 vide order dated 30.01.2023.
Case is also ex-parte against OP No.2 vide order dated 17.01.2022.
TRIAL
During Trial complainant filed affidavit in chief.
DOCUMENTS
Complainant produced following documents viz:-
- Original copy of Delivery Challan...........(One sheet)
- Original document issued by OP NO.1 dated 27.05.2020..........(One sheet)
- Original Copy of transfer slip dated 27.05.2020............(One sheet)
- Original Copy of Money Receipt dated 27.05.2020...........(One sheet)
- Original copy of Insurance Policy dated 29.03.2020..........(One sheet)
- Original copy of Postal Receipt dated 14.07.2020..........(One sheet)
- Original copy of Advocate’s letter dated 14.07.2020.........(Three sheets)
(3)
- Copy of complaint before Consumer Affairs Department dated 23.08.2021.......(One sheet)
BRIEF NOTES OF ARGUMENT
Complainant filed BNA on 16.05.2023.
DECISION WITH REASON
We have carefully gone through the petition of complaint filed by the complainant, documents filed by the complainant, affidavit in chief filed by the complainant and BNA filed by the complainant. We have considered this documents.
Affidavit in chief filed by the complainant is nothing but unchallenged testimony. Accordingly, we do not find any reason to disbelieve the same.
Placing reliance upon the same and placing reliance upon the documents filed by the complainant. We find that complainant paid on road price of Motor Bike including the cost of documents that is cost of certificate of Registration, cost of Lifetime Tax and other documents.
So, OP No.1 and 2 are responsible to provide those documents in favour of the complainant within one month as per their assurance.
But we find from the petition of complaint as well as affidavit in chief that till date OP No.1 & 2 not yet provided the aforesaid documents in favour of the complainant. In absence of valid documents of a Motor Bike it is not possible for a man to ply the said Motor Bike in the road. In absence of aforesaid documents of the aforesaid Motor Bike complainant is not in a position to ply the aforesaid Motor Bike on road.
Moreover, OP NO.1 & 2 as per their assurance not yet filed the aforesaid documents in favour of the complainant. Moreover, they did not feel any courtesy to give a reply to the complainant as to why they not yet provided the aforesaid documents to the complainant till date.
There such type of silence compelled us to take adverse presumption against them.
Accordingly, we are of the firmed view that OP No.1 & 2 without any proper reason not yet provided the aforesaid documents of the aforesaid Motor Bike. They only provided the insurance policy of the Motor Bike though it was credited on 29.03.2020.
(4)
On careful perusal of record, we find that complainant is a consumer and OP NO.1 and 2 are the service provider.
Having regard to the aforesaid discussion we are of the firmed view that complainant has able to established his grievance and he is entitled to relief as per his prayer.
Hence,
It is
Ordered
that the present case be and the same is allowed ex-parte against the OP NO.1 & 2 with cost of Rs.3,000/- (Rupees three thousand) to be paid by the OP No.1 & 2 in equal share in favour of the complainant.
OP No.1 & 2 jointly or severally are directed to hand over the Registration Certificate of the aforesaid Motor Bike, Lifetime Tax of the aforesaid Motor Bike and other documents of the aforesaid Motor Bike which are required to ply the aforesaid Motor Bike on Road within one month from this date or they are directed to refund Rs.81,300/- (Rupees eighty one thousand three hundred) in favour of the complainant within one month from this date after taking back the aforesaid motorbike, failing which complainant shall have no other alternative but to put this order into execution.
OP No.1 & 2 jointly or severally are directed to pay compensation amounting to Rs.10,000/- (Rupees Ten thousand) in favour of the complainant within one month from this date, failing which complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to both the parties as free of costs.
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)
