District Consumer Disputes Redressal Forum
Dakshin Dinajpur, W. Bengal
(Old Sub-Jail Municipal Market Complex, 2nd Floor, Balurghat Dakshin Dinajpur Pin - 733101)
Telefax: (03522)-270013
Present
Shri Sambhunath Chatterjee - President
Miss. Swapna Saha - Member
Shri Siddhartha Ganguli - Member
Consumer Complaint No. 39/2015
Sri Mithu Deb
Mobile No. 8371881367
S/o Somnath Deb
Vill.: Chakbalaram
PO: Thhakurpura, P.S.: Hili,
Dist. Dakshin Dinajpur …………………Complainant(s)
V-E-R-S-U-S
The Proprietor ,
DURGA MACHINERY MART
College Road,
PS: Gangarampur
Dist.: Dakshin Dinajpur - 733124 …………………Opposite Party
Ld. Advocate(s):
For complainant ……………… - Shri Santanu Dey
For OP ……………… - Shri Debashis Barman
Date of Filing : 08.09.2015
Date of Disposal : 07.12.2015
Contd…P/2
Judgment & Order dt. 07.12.2015
The case of the complainant in brief is that the complainant had purchased on 6.1.2014 Swaraj Tractor from the OP. At the time of purchase the complainant took finance help of Mahindra Finance. The OP took other charges except the loan amount from the complainant along with charge for the insurance of the vehicle. It was further stated that the complainant cleared the outstanding amount on 27.1.2014. The OP assured the complainant that he will hand over the Sale Letter, invoice, another TC for registration and insurance policy of the aforesaid vehicle to the complainant within 1 (one) month from the date of purchase. But the OP did not hand over those documents in spite of several requests made by the complainant. Due to the negligent act the complainant is facing financial loss and he is not in a position to register the vehicle during the agricultural season.
The complainant while found that the OP was not inclined to hand over the documents the complainant approached before the Assistant Director, Consumer Affairs & Fair Business Practices (in short C.A. & F.B.P.), Dakshin Dinajpur for getting back those documents. The OP appeared at the time of hearing before the Assistant Director, C.A. & F.B.P. and the OP disclosed that all the papers were handed over to the complainant. The complainant claimed that he was never provided with any document from the OP but on the date of hearing the complainant remained absent. Subsequently on behalf of the complainant a Lawyer’s letter was sent but no action was taken on behalf of the OP, for which the complainant had to file this case.
The OP contested this case by filing a written objection wherein the OP denied all the material allegations made by the complainant in his complaint. It was specifically stated by the OP that the complainant had purchased one Swaraj Tractor with Rotavator from the showroom of the OP situated at Gangarampur. At the time of purchase the OP
Contd…P/3
handed over the said Tractor & Rotavator along with all the relevant documents. On 15.11.2013 the complainant went to showroom of the OP and asked for relevant documents for the purpose of registration of the Tractor and the OP provided all the documents viz. Sale Letter, invoice, Form No.-22, 21 & 19, insurance certificate in original etc. to the complainant on the same day. In this respect the complainant made an endorsement after receiving the documents and put his signature and he also undertook that he will submit a copy of registration certificate within 15 days to the OP.
The OP after receiving a notice from Asst. Director, C.A. & F.B.P. appeared on 5.2.2015 but on that date the complainant did not appear and from the office of Asst. Director, C.A. & F.B.P. tried to contact with the complainant but the mobile phone remained switch off of the complainant. In view of the said fact that the OP prayed for dismissal of the case.
On the basis of the pleadings of the respective parties following points are to be decided :-
- Whether the complainant purchased one Swaraj Tractor from the OP?
- Whether the OP at the time of purchase handed over all the relevant documents to the complainant?
- Whether the complainant after receiving those documents put his endorsement on the paper?
- Whether the complainant will be entitled to get relief as prayed for?
DECISION WITH REASONS
All the points are taken together for the sake of brevity and avoidance of repetition of fact.
Ld. Lawyer from the complainant submitted that the complainant purchased Swaraj Tractor with Rotavator from the OP and the complainant paid all the installments to the Mahindra Finance.
Contd…P/4
After clearance of all dues while the complainant demanded necessary papers from the OP for registration of the Tractor but no documents were provided, as a result of which the object of the complainant to purchase the Tractor for the purpose of earning to maintain his livelihood has become frustrated. The complainant repeatedly requested the OP for handing over those documents but the OP did not pay any heed. Ultimately, the complainant had to make a complaint before the Asst. Director, C.A. & F.B.P. but no fruitful result was achieved. The complainant had to send a Lawyer’s letter demanding the documents. Unfortunately, the OP did not response to the letter sent by the complainant through his Advocate; ultimately, the complainant had to file this case for redressal for his grievance. Ld. Lawyer emphasized that because of not getting those documents the complainant is not a position to register the Tractor with Motor Vehicles Department causing a huge financial loss to the complainant. Since the Tractor has remained ideal due to non-registration of the vehicle in the concerned department.
Considering the facts and circumstances of the case the Ld. Lawyer for the complainant has prayed for allowing the complaint petition with a prayer for compensation of Rs.1,00,000/-
Ld. Lawyer for the complainant admitted that the complainant purchased one Swaraj Tractor from the OP and it is also admitted that by the OP that the complainant paid all his dues to the Mahindra Finance. The Ld. Lawyer for the OP argued that all the relevant papers including Sale letter, insurance certificate, invoice, Form No.22, 21 & 19 were handed over to the complainant on 5.11.2013 and an endorsement was made by the complainant on a paper putting his signature that he received all the relevant documents from the OP. Therefore, Ld. Lawyer for the OP emphasized that the
Contd…P/5
case is not maintainable and the complainant has suppressed the material fact for which the OP is to be compensated by imposing a huge cost upon the complainant.
Ld. Lawyer pointed out that before setting in motion of this case the Asst. Director, C.A. & F.B.P., Dakshin Dinjapur called for mediation and the date was fixed on 5.2.2015 on that date the OP appeared with all the documents before the Asst. Director, C.A. & F.B.P. but the complainant did not turn up. From the office of the Asst. Director, C.A. & F.B.P. tried to contact the complainant but it was found that the mobile phone of the complainant remained switch off. In view of the facts and circumstances of the above case the Ld. Lawyer for the OP prayed for dismissal of the case.
Considering the submission of respective parties it is an admitted fact that the complainant purchased a Swaraj Tractor with Rotavator from the OP. It is also admitted fact that the complainant paid all the dues to the Mahindra Finance. So far as handing over the documents are concerned the Ld. Lawyer claimed that the documents were not handed over to the complainant by the OP, for which the complainant is not a position to make registration of the Tractor in the M.V. Department. Since the complainant has not registered the said Tractor with the department for which the complainant is not a position to hire the tractor to any person for the commercial purpose causing financial loss to the complainant. But from the materials on record it is crystal clear that the OP with the filing of written objection annexed a copy of the document wherefrom it is evident that the complainant received all the documents from the OP. He put his signature on the said paper. Therefore, it cannot be said that the OP did not provide the documents to the complainant. Apart from the said fact that whenever the Asst. Director, C.A. & F.B.P. called for the purpose of mediation on 5.2.2015, though the OP appeared with all the relevant documents but
Contd…P/6
the complainant failed to appear which established the fact that the complainant has suppressed something for which he failed to appear before the Asst. Director, C.A. & F.B.P., on the contrary, he contacted his Lawyer and sent a letter to the OP and ultimately he filed this case making some false allegations upon the OP. Since, the complainant did not come with clean hands and he has suppressed the material fact, therefore, the complainant will not be entitled to get any relief from this Forum.
Hence, it is
O R D E R E D
that the instant petition of complaint CC No.39/ 2015 is dismissed on contest without any cost.
Let a plain copy of this order be furnished to the parties forthwith free of cost.
Dictated & corrected
………….….…….
(S. N. Chatterjee)
President
We concur,
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(S. Saha) (S. Ganguli)
Member Member
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FREE COPY [Reg. 18(6)]
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