Orissa

Debagarh

CC/20/2020

Tula Pradhan, aged about 55 years, W/O- Ghanasyam Pradhan - Complainant(s)

Versus

The Proprietor, Jindal Motors, College Road, Deogarh - Opp.Party(s)

26 Nov 2021

ORDER

IN THE COURT OF THE DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION, DEOGARH

C.C NO-20/2020

Present-Sri Dipak Kumar Mahapatra, President, Smt. Arati Das, Member .

Tula Pradhan,aged about  55 years,

W/O- Ghanashyam Pradhan,

At- Rangamatia, P.O-Tabada,

P.S-Reamal, Dist- Deogarh.                                                                        …..Complainant.

                                                                         Vrs.

The Propreitor,

Jindal Motors,College Road,Deogarh,

P.O/P.S/Dist-Deogarh-768108.                                                                     …..O.P

 

COUNSELS

For the Complainant           :-         Self

For the O.P                            :-         Sri B.Dash, Advocate.

                                          DATE OF HEARING : 06.11.2021, DATE OF ORDER : 26.11.2021

SRI DIPAK KUMAR MAHAPATRA,PRESIDENT:- Brief facts of the case is that,  the Complainant  on dtd. 23.03.2014 the Complainant has purchased a new  HERO Pleasure SCOOTY(Black) having Chassis No-MBLJF16EFEGB00234 and Engine No- JF16ECEGB00039 from the O.P. The Ex-showroom price of the said Scooty was Rs. 47,300/- but the Complainant has paid Rs.50,000/- to the O.P. in excess of Rs. 2,700/-.  The Complainant has paid all fees/charges towards the registration, Insurance and the O.P has assured the Complainant to provide the relevant documents in few days and return the excess amount but after several visits the same are not delivered by the O.P. On dtd. 26.02.2020 when the Complainant asked the O.P about the documents, the O.P delivered her a Retail Invoice dtd. 23.08.2014 and a Sale certificate with serial no-737 dtd. 23.08.2014. Though the actual date of purchase was dtd. 23.03.2014 and the date on sale certificates and the invoice were not matching for which she faced a lot problem in registration with concerned RTO. For this reason the Complainant could not get the Scooty registered with the RTO since Six years. If it is possible to register then the Complainant has pay a huge amount of penalty to the registering authority. Due to non-supply of documents by the O.P, the Complainant is not able to ply the SCOOTY on road and being a housewife has sustained financial loss, mental pain and agony due to deficiency in service caused by the O.P.

          But the Advocate for the O.P admitted the contents of Para 8 which states that on dtd. 26.02.2020, the O.P has issued a Retail Invoice and a Sale Certificatevide no- 737 putting the date as 23.08.2014 in both documents but denied the allegations in para- 4, 5, 6,7, 9 & 10. Again he denied the responsibility towards delay in delivering the RTO documents in time and problems arose during registration with concerned RTO. He added that the ex showroom price of the Scooty was Rs. 47,300/- and the cost of all accessories and spares of the Scooty i.e round guard, seat Cover, Grip, Buzzer,Foot Matt, Ladies Foot Rest etc.was amounting to Rs.2700/-. The petitioner is running the Scooty without registration which illegal and it is her responsibility to get the vehicle register. If the penalty is imposed on her during registration then the O.P is not responsible. The Complainant has filed a false case to harass the O.P.

 

POINTS OF DETERMINATION:-

1. Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
2. Whether the O.P has committed any Deficiency in Service to the Complainant?

       From the above discussion we inferred that the deceased was a consumer of the O.P as she has purchased a Hero Pleasure Scooty from the O.P on payment of consideration. That the O.P has sold the Scooty to the Complainant after receiving the full and final consideration amount where the charges towards Registration and Insurance were included.  But the O.P has not provided the R.C. Book and Smart Card to the Complainant till the filling of this case, rather harassed her several ways.

       Further when on dtd. 26.02.2020, the Complainant demanded the documents the O.P handed over a Retail Invoice having date 23.08.2014 along with a Sale Certificate having serial no- 737 dtd. 23.08.2014. On careful observation we found that the Ownership Record and Data Book issued to the Complainant bears a date as “Date of Purchase -23.03.2014” delivered by the O.P on the day of purchase which carries the Seal of the O.P.  So it clear that the O.P has issued the Invoice and Sale Certificate deliberately on dtd. 23.08.2014 with some malafide intensions just to harass the Complainant.

         The Complainant is using the Scooty without any valid and genuine documents where there was every chance of theft or accident where exists risk by life of the Complainant. Recently the amendments to the Motor Vehicle Act were passed by the Parliament which has been come into effect from September 1, 2019  for which there is a heavy penalty for driving errors. In this situation it is a matter of high risk for a person to drive any vehicle without valid papers relating the vehicle along with driving license, helmet etc,  where there  is every chance of being trapped and to bear  fines.   Again the Opp. Party has a fraudulent intention for which has not got the motorcycle Registered in due time and misuse the money of the complainant. The matter is well settled in the case of “Sanjay Agrawal vs. Authorized Officer & Others” decided by Chhattisgarh State Consumer Disputes Redressal Commission,Pandri, , Raipur (C.G). on 3^rd  May, 2014. which comes under Unfair Trade Practice U/S-2(47) of C.P Act-2019. Hence we order as under:-

 

ORDER

       The Complaint petition is allowed. The O.P is directed to pay an amount of Rs. 30,000/-with 9% interest  per annum from the date of  purchase of the Scooty i.e., dtd. 23.03.2014 till its realization." The O.P is further directed to pay Rs. 10,000/-(Rupees Ten  Thousand)as compensation for harassment, mental pain and agony and the cost of litigation. All the above orders are to be carried out within 30 (Thirty) days of receiving of this order, failing which, the complainant is at liberty to proceed in due process of law.  

Order pronounced in the open court today i.e, on 26^th day of November-2021 under my hand and seal of this Commission.

Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof.

I agree,                                                                                             

 

MEMBER.                                                                                                      PRESIDENT.

                                                            Dictated and Corrected

                                                                        By me.

           

                                                                      PRESIDENT.