DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 58 of 2018

 

 

Sri Manik Ghosh,

S/O- Sri Sib Sankar Ghosh,

Resident of South Ramnagar, Boarder Gol Chakkar,

P.O.-Agartala, P.S.-West Agartala,

Dist.-West Tripura, ..…..….....................................Complainant.

 

 

             -VERSUS-

 

The Owner / Proprietor,

PNR AUTOMOBILES PVT. LTD.

Authorized Dealer of ROYAL ENFIELD,

Old Motor Stand, Opposite to East Agartala P.S,

West Tripura, Agartala ….......................................Opposite party.

 

 

 

 

      __________PRESENT__________

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. Dr. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

 

 

 

 

C O U N S E L

 

 

For the Complainant : Sri Tapan Saha,

  Advocate. 

 

For the O.P. : None as the O.P. did not turn up before the Forum.

 

JUDGMENT  DELIVERED  ON: 19/02/2019

 

J U D G M E N T

The Complainant Sri Manik Ghosh  set the law in motion by presenting the petition U/S-12 of the Consumer Protection Act, 1986 complaining deficiency in service by the O.P. 

The Complainant's case, in brief, is that the Complainant had purchased one two wheeler(Classic-500 stealth black BS) having Engine No.U555F1JD026893, Chassis No. ME3U5S5F1JD136594 under invoice No.INV7557181900094 dated  07/06/2018 and also bearing temporary Registration No.TR-01 AM 8272  from the O.P on payment of Rs.1,97,849/-(Rupees one lack ninety seven thousands eight hundred forty nine) only. Accordingly to the complainant the above price includes insurance charge for one year amounting to Rs.4,545/-, Registration charge Rs.5,090/- and temporary registration charge Rs.750/-. The complainant asserted that one money receipt vide No.249 dated 07/06/2018 was issued by the Authorized signatory of the O.P. for an amount Rs.1,97,200/- in his favour. 

The complainant has stated in his complaint that at the time of purchasing of the two wheeler the O.P. being the dealer cum shop owner had assured him that he would get the two wheeler registered with the appropriate authority within one month from the date of purchase. On the basis of the assurance made by the O.P. the complainant paid registration fees of Rs.5090/- apart from paying the price of the two wheeler Rs.1,87,463.62/- as per  the invoice. But the O.P. did not keep his promise. The Complainant on several dates visited the showroom cum shop of the O.P. and requested him to handing over the registration certificate. But the O.P. could not give him the registration certificate. On 03/08/2018 the Complainant lastly visited the shop of the O.P. and that on that day the O.P. had asked him to pay additional amount Rs.11,947/- being the enhanced  charge towards registration of the two wheeler of the complainant. The O.P. also misbehaved with the Complainant. The complainant further stated in his complaint that finding no other alternative he sent two legal notices by registered post with A.D. to the O.P. on 06/08/2018 and 13/08/2018 respectively but both the notices had been returned without service with note “Not known”. The complainant has alleged in his complaint that the O.P. had deliberately refused to accept / receive legal notices and thus intentionally avoided to resolve the dispute. The complainant further alleged in his complaint that had there been no assurance from the O.P. for arrangement of registration of the two wheeler from his end, he would have got his two wheeler registered all by himself. But due to the elapse of time and  on account of increase of registration charge of the two wheeler, the complainant has to pay the new enhanced rate for getting the two wheeler registered by the Registration Authority. 

The complainant has thus filed the complaint alleging deficiency of service, unfair trade practice and prayed for compensation to the tune of Rs.1,07,0037/- against the O.P. Hence this case.   

Based on the complaint and having satisfied with the submission made on behalf of the complainant by his engaged Advocate, notice was duly issued to the O.P. calling upon him to explain his position as to the grievances of the complainant. The O.P. had refused to accept/ receive the notice of the Forum. The case then proceeded experte against the O.P. 

2. EVIDENCE ADDUCED BY THE COMPLAINANT:

In course time the complainant has been examined and his evidence was recorded with reference to his Examination-in-Chief by way of Affidavit. He has submitted 11 documents before the Forum.  The documents are marked Exhibit-I series. 

3. DECISION AND REASONS FOR DECISION:

  It is evident from the case record that the Complainant had purchased one two wheeler(Classic-500 stealth black BS) having Engine No.U555F1JD026893, Chassis No. ME3U5S5F1JD136594 under invoice No.INV7557181900094 dated  07/06/2018 and also bearing temporary Registration No.TR-01 AM 8272  from the O.P on payment of Rs.1,97,849/-(Rupees one lac ninety seven thousands eight hundred forty nine) only. Accordingly to the complainant the above price includes insurance charge for one year amounting to Rs.4,545/-, Registration charge Rs.5,090/- and temporary registration charge Rs.750/-. The complainant asserted that one money receipt vide No.249 dated 07/06/2018 was issued by the Authorized signatory of the O.P. for an amount Rs.1,97,200/- in his favour. 

The Complainant alleged that though the O.P. had received registration fees of Rs.5090/- giving him assurance to get his two wheeler registered by the Appropriate Authority but the O.P. did not keep his promise. The complainant had approached the O.P. several dates for getting the registration certificate but the O.P. could not give him the certificate. On 03/08/2018 the complainant lastly visited the shop cum showroom of the O.P. and on that day the O.P. had asked him to pay additional amount of Rs.11,947/- being the enhance charge for getting the two wheeler registered. The complainant ultimately gave two legal notices dated 06/08/2018 and 13/08/2018 to the O.P. demanding  him to hand over the registration certificate of the two wheeler failing which he would face appropriate legal action. Both the notices were returned without service with remarks of the postal authority as “not known”. The complainant thereafter filed the present complaint. 

The complaint was duly admitted by the Forum by order dated 23/08/2018 and notice was duly issued to the O.P. from the Forum on 27/08/2018. But the O.P. had refused to accept / receive the notice which has been proved as per report of our process server / serving staff of the Forum. The case was accordingly proceeded experte against the O.P.  The Complainant in support of his complaint has produced original demand notices dated 06/08/2018 and 13/08/2018 that were sent by post with A.D. to the O.P. which were ultimately returned to his engaged Lawyer without service with remarks of the postal authority as “not known”, copy of the Tax Invoice dated 07/06/2018 in respect of the two wheeler issued by the O.P., copy of the Insurance Policy of the two wheeler, copy of the vehicle delivery note(the two wheeler) dated 07/06/2018 issued by the O.P., Copy of the temporary certificate of registration of the two wheeler and money receipts dated 07/06/2018 issued by the Authorized representative of the O.P. showing payment of Rs.2,300/- and Rs.1,97,200/- paid by the Complainant in connection with the two wheeler. The documents were marked Exhibit-I series. 

We have gone through the complaint, the evidence-in-chief of the Complainant and the documents adduced by the Complainant under Exhibit-I series. From the tax invoice document we found that the price of the two wheeler was Rs.1,87,463/-. It further reveals from the insurance certificate that Rs.4,545/- was paid as premium including SGST & CGST. The complainant in his Examination-in-Chief at para 3 stated that Rs.750/- was charged for temporary registration of his two wheeler. 

The contention of the Complainant that the O.P. had failed to get his two wheeler registered and also did not hand him over the registration certificate though due payment was received  by him on this count appears to us convincing and justified. From the Exhibit-I series it reveals that the complainant had paid Rs.1,97,200/- to the O.P. at the time of delivery of the two wheeler. Out of that amount Rs.1,87,463/- was spent for purchasing  the two wheeler Rs.4545/- was spent for insurance purpose and Rs.750/- was spent for temporary registration certificate thus in total Rs.1,92,758/- was spent(Rs.1,87,463/- + Rs.4,545/- + Rs.750/-). An amount of Rs.4,442/- has been lying with the O.P. According to us the O.P. ought to have taken appropriate steps in time for getting the motor bike of the complainant registered with the appropriate authority and that he would have fulfilled the assurance he had given to the Complainant about registration of the two wheeler belonging to the complainant.. The O.P. had slept over the matter concerning registration of the two wheeler for which he along is responsible. The O.P. has also indulged in unfair trade practice. Even he has not contest the case though notice was sent to him by our process server from the Forum and he has refused to accept / receive the notice. From the conduct of the O.P. we are the opinion that the O.P. was reluctant to face the proceeding of the Forum in connection with the complaint filed by the complainant. 

In view of the discussion made above we find and hold that the complainant has succeeded in establishing his case U/S 12 of the Consumer Protection Act, 1986 filed by the Complainant. The O.P. according to us has indulging unfair trade practice.

4.  In the result, the Complainant U/S 12 of the Consumer Protection Act, 1986 filed by the Complainant is allowed. It is hereby directed that the O.P. will pay Rs.15,000/- as the registration charge of the two wheeler belonging to the Complainant, Rs.10,000/- as compensation for causing mental agony and harassment to the complainant, together with Rs.3,000/- as cost of litigation. The O.P. is to pay the aforesaid compensation of Rs.28,000/-(Rs.15,000/- + Rs.10,000/- + Rs.3,000/-) in total within a period of 2 months from the date of judgment failing which the amount of compensation shall carry interest @ 9% P.A. till the payment is made. 

ANNOUNCED

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA

 

 

 

 

 SMT. DR. G. DEBNATH,

 MEMBER, 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA

 

SRI U. DAS

MEMBER,

DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

 WEST TRIPURA,  AGARTALA.