Hon’ble Mr. Haradhan Mukhopadhyay, President.

The basic fact of the case of the Complainant is that, the Complainant Subhankar Roy purchased a motorcycle Activa 5g STD vide invoice number 1920/DAC/01985 for Rs.57,147/- with financial help of HDFC bank limited, Cooch Behar. At the time of purchase, the OP Debnath Auto Centre through its proprietor demanded cash down payment of Rs. 39,387/- + Rs.4,600/- = Rs.43,987/- Rs.1,500/- (offer less) = Rs.42,487/-. Accordingly, the petitioner paid Rs.39,000/- and Rs.3,450/- on 17/12/2019 and 25/08/2020 respectively.

The OP received from the petitioner total Rs. 39,000/- + Rs.3,450/- + Rs. 34,860/- = Rs.77,310/- but the OP proprietor of Debnath Auto Centre issued invoice for Rs. 57,147/-. As per calculation OP actually received Rs. 77,319/- - Rs. 57,147/- - Rs. 4,668/-(insurance premium) = Rs. 15,504/- excess receipt. At the time of receiving total amount of Rs. 77,310/-, the OP assured for handing over RC Book within one month. But despite reminder at several times the OP did not hand over it. The Complainant paid EMI of Rs. 1,352/- per month, but due to non availability of RC the petitioner couldn't ply the vehicle properly. Consequently, the Complainant was bound to file written complaint to the OP through registered post, which the OP received on 06.08.2022, but the OP did not hand over the RC till now. So the complainant filed written complaint to the CA&FBP Cooch Behar, but the dispute was not settled there. The cause of action for the present case arose on 17.12.2019 and on subsequent dates till the filing of the present case.

The Complainant therefore claimed that the aforesaid activities of the OP is clearly deficiency in service and unfair trade practice. The Complainant prayed for an award with a direction to the OP to deliver the original RC book and other documents of the vehicle to the Complainant or refund the total price of Rs. 57,147/- along with interest, Rs.1,00,000/- towards deficiency in service and unfair trade practices and Rs. 10,000/- for cost of litigation.

The notice was issued upon the OP which was duly received by the OP as per track report of the postal department dated at 31.12.2022. This Commission vide its Order no. 04 dated 06.03.2023, decided to proceed with the case ex-parte against the OP, proprietor of Debnath auto centre, Tufanganj, Cooch Behar.

The Complainant in order to substantiate the case adduced both oral evidence in the form of evidence on affidavit by Subhankar Roy, the Complainant, wherein he categorically stated inter-alia that he paid the total amount of Rs. 77,310/- towards purchase of the said motorcycle. Despite receiving the said purchase money, the OP did not hand over the RC Book.

In order to corroborate the oral evidence, the Complainant adduced documentary evidence where from it is evident that the tax invoice for the said vehicle for Rs. 57,147/- was issued in the name of the Complainant on 17.12.2019 by the OP Debnath Auto Centre. The original voucher of estimate dated 17.12.2019 for the said vehicle Activa 5G STD for Rs. 43,987/- in the name of the Complainant Subhankar Roy also stands proved.

The Complainant also proved one challan issued by the OP Debnath Auto Centre. The Complainant further proved the insurance policy for the said vehicle dated 17.12.2019.

Thus the Complainant duly proved all the documents except the RC book.

Ld. Advocate for the Complainant argued that he could not prove the RC book since the OP did not hand over the said RC Book for the said vehicle Activa 5G STD.

The entire oral and documentary evidence on the part of the Complainant stands unchallenged and undiscarded in as much as the OP did not contest the case and it was heard ex-parte against the OP.

The Complainant further proved notesheet of CA& FBP, Cooch Behar dated 30.08.2022 and 19.09.2022. From the said proceedings before the CA&FBP, it transpires that it was noted down there that the OP stated there that the government has already closed the registration process of BS-4 vehicle (last date was 31.03.2020). So the OP could not complete the registration procedure. The office proposed the party to upgrade his bike with BS-6 model and complete the registration process. Thereafter the proceedings were closed on the subsequent date on 19/10/2022.

Ld. Advocate for the Complainant argued that it is the OP who had the duty to upgrade the vehicle but they never informed the Complainant about the plea taken before the CA&FBP, Cooch Behar.

However the OP could not prove their defence plea taken before the CA&FBP, Cooch Behar. Therefore, the entire allegation against the OP by the Complainant stands undiscarded.

Thus, having assessed the entire evidence in the case record, the Commission comes to the finding that, the OP failed to deliver the RC book to the Complainant without valid and sufficient ground. The aforesaid misdeed and inaction on the part of the OP tantamounts to deficiency in service.

 Accordingly the complaint case succeeds ex-parte against the OP.

Hence, it is

Ordered

              That the Complaint case CC/64/2022 be and the same is allowed ex-parte against the OP, the proprietor of Debnath Auto Centre, Cooch Behar with cost Rs.10,000/-.  The Complainant do get an award ex-parte against the OP the proprietor of Debnath Auto Centre with a direction to the OP to deliver original RC book to the Complainant within one month from the date of the final order otherwise to pay Rs.57,147/- along with interest after taking back the vehicle, Rs.20,000/- towards deficiency in service and Rs.10,000/- towards litigation cost. The OP, Debnath Auto Centre, Cooch Behar is directed to pay a sum of Rs.30,000/- and/or Rs.57,147/- in the event of failure to handover the RC Book to the Complainant within 30 (thirty) days from the date of passing the order failing which the Complainant shall be entitled to get an interest @ 6% p.a. on the awarded money from the date of passing the final order till the date of realisation.

DA to note in the Trial Register.

Let a plain copy of this order be supplied to the parties concerned by hand/by post forthwith, free of cost for information and necessary action, if any.

The copy of the Final Order is also available in the official Website www.confonet.nic.in.

Dictated and corrected by me.