Orissa

Debagarh

CC/8/2018

Mina Nayar, aged about 37 years, D/O-Biranchi Behera, W/O-Prasanna Ku. Nayar - Complainant(s)

Versus

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

K.B. Meher

20 Sep 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, DEOGARH

C.C NO- 08 /2018

Present;-      Sri Dipak Kumar Mahapatra, President, Smt. Jayanti Pradhan, Member(W) and Smt. Arati Das, Member.

 

Mina Nayar, aged about  37 years,

D/O-Biranchi Behera

(W/o- Prasanna Kumar Nayar),

At-gurudhipasahi,

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

                                                                  Vrs.

The Proprietor,

Jindal Motors, College Road, Deogarh,

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

 

               Counsel for the parties :

               For the Complainant :                                      Sri K.B. Meher (Advocate).

               For the Opposite Party :                                   Sri Alok Sourav Behera (Advocate).

 

DATE OF HEARING :16.09.2019, DATE OF ORDER ; 20.09.2019

 

 SRI DIPAK KUMAR MAHAPATRA,PRESIDENT:- Brief facts of the case is that, the Complainant is a bonafide consumer who has purchased a new Hero Duet VX (Scooty) by exchanging an old Honda Activa in the showroom of the O.P. She agreed to pay the difference amount through Equated Monthly Installments after consultation with the O.P, who made arrangements for finance. The Complainant exchanged the Honda Activa for Rs.19,000/-and took a Hero duet VX for Rs.64,000/-including  all relevant charges like Registration, Insurance, accessories. The difference amount of Rs. 42,000/- was financed by Hero Fincorp Ltd. for a monthly installment of Rs.2,214/-. The O.P, at the time of delivery of the Duet, issued a Retail Invoice of Rs. 54,671/-, Insurance Certificate and a copy of Ownership Record and Data. But the smart card and R.C particulars are not yet provided by the O.P for which the Complainant is every

time facing a lot of problems in R.TO/M.V.I/Police checking and paying penalty. The Complainant has visited the showroom of the O.P several times but she is neglected and ignored by the O.P every time and till filling of this case, the documents were not handed over by the O.P to the Complainant. Again she apprehends that she might be trapped by the RTO or Police while driving without valid documents and penalized accordingly after implementation of new Motor Vehicles  rules from September-2019.

POINTS OF DETERMINATION:-

1. Whether the Complainant is comes under the purview of Consumer Protection Act.1986?
2. Whether the O.Ps has committed any Deficiency in Service to the Complainant?

From the above discussion and materials available on records we inferred that the Complainant is a Consumer as she has purchased a Hero duet VX(Scooty) from the O.P. That the O.P has sold the Scooty to the Complainant after receiving the full and final consideration amount, partly from the exchange price of the Honda Activa and partly from the financier along with the charges towards Registration fees and Insurance fees. 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 as being a lady she has  several time visited the showroom of the O.P. So it can be clearly observed that the Opp. Party has intentionally delayed the Registration of the said Scooty for which the Complainant has suffered a lot. 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. Hence, the Opp. party has committed deficiency in service U/S-2(1)(g) and Unfair Trade Practice U/S-2 (1) (r)   of the Consumer Protection Act,1986.Hence we order as under :

 

ORDER.

 

The Complaint petition is allowed. The O.P is directed to deliver the Smart Card and R.C particulars of the said Hero duet VX(Scooty)  to the Complainant within 7 days of receiving this order. Further the O.P  is directed to pay Rs.20,000/- (Rupees Twenty Thousand )only  as compensation, Rs.3,000/- (Rupees three thousand ) for mental agony of the petitioner and Rs.2,000/- (Rupees two thousand ) as litigation expenses to the petitioner  within 30 (Thirty ) days of receipt of this order failing which the O.P is liable to pay penal interest of 9% per annum on the above amounts.

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

Order pronounced in the open court today i.e. 20^thday of September, 2019 under my hand and seal of this forum.

 

             I      agree,                                         I     agree,

           

          MEMBER(W).                                    MEMBER.                                          PRESIDENT.

                  Dictated and Corrected

                   by me.

 

            PRESIDENT.