West Bengal

Hooghly

CC/76/2015

Mr. Debasis Chakraborty - Complainant(s)

Versus

The Prop. , Sanki Auto Centre - Opp.Party(s)

20 Apr 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, HOOGHLY
CC OF 2013
PETITIONER
VERS
OPPO
 
Complaint Case No. CC/76/2015
 
1. Mr. Debasis Chakraborty
Mahesh, Serampur.
Hooghly
West Bengal
...........Complainant(s)
Versus
1. The Prop. , Sanki Auto Centre
Rishra
Hooghly
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Sri Biswanath De PRESIDENT
 HON'BLE MRS. JUSTICE Smt. Devi Sengupta MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 20 Apr 2017
Final Order / Judgement

Date of delivery of judgement - 20.4.2017

 

            The complainant has instituted this case stating that he purchased

Hero Pleasure Scooter and paid Rs.63,700/- to the Op. He received

documents of payment as laid down in para 6 is RS.62,450/-. Complainant

alleges that Rs.1250/- has been charged extra for which it has not been

supplied any documents. The complainant informed the OP vide letter

dated 30.9.14 seeking details about the amount of Rs.1250/- but the'

complainant did not get any reply from the Op. After that the

complainant approached before this Forum for getting redressal as shown

in the relief portion of the complaint.

 

           Op has filed Written version denying inter alia all material

allegations. Op stated that complainant paid total amount Rs.63,700/-.

The Op and the representative of OP clearly told about the extra charges

of Rs.12S0/- for vehicle transportation charges and fees of the person

who works in the field of registration of the said motor cycle with RTO,

Hooghly. It is also stated that the complainant purchased the vehicle on

19.1.2014 and after 8/9 months the complainant raised this question

regarding clarification of extra amount of Rs.12S0/- .

The complainant has filed some documents –

 

1) Annexure A is retail invoice of Rs.63,700/-,

2) Annexure B payment of Rs.S036/- to the oP & Rs.1S0/-

3) Annexure BTwo Wheeler Certificate -cum-Policy schedule

4) letter of complainant addressed to the Op.

                                                                                                                          

POINT FORDECISION

 

1) Whether there is deficiency in service on the part of OP ?

2) If the complainant entitled to get relief?

 

DECISIONWITH REASONS:

 

           Complainant has filed Evidence in chief. Op has filed Evidence in

chief and documents. After going through the complaint and Written

.version it appears that admittedly complainant purchased the vehicles

and made payment. Complainant made payment of Rs.63,700/- and

complainant got less account of Rs.1250/- . Complainant got account of

Rs.62450/-. With respect to the Rs.1250/- the Op stated in Evidence in

chief that the amount of Rs.1250/- has been received towards the cost of

the vehicle transportation charges, professional fees of the person who

does the job of registration because the complainant was not interested

to register his vehicle himself, so he gladly like other customers paid the

fees of Rs.1250/- (vide para 12 of Examination in chief).

(

 

                 We have heard the argument of both sides. This allegation of

Rs.1250/- was not raised at the time of purchase but later on. In the

circumstances this Forum is not in a position to hold that there was any

deficiency in service or unfair trade practice on the part of the oP towards

the complainant. So after deliberation case of the both sides we are of

opinion that explanation given by the oP regarding expenses ofRs.1250/-

cannot be brushed aside, as such the same is accepted. That be 'so, the

complainant does not entitle to get any relief as prayed for. Hence-

Ordered

            That the case be and the same is dismissed on contest.

            let a copy of this order be made over to the parties free of cost.

 
 
[HON'BLE MR. JUSTICE Sri Biswanath De]
PRESIDENT
 
[HON'BLE MRS. JUSTICE Smt. Devi Sengupta]
MEMBER

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