Orissa

Debagarh

CC/11/2020

Narottam Sahu, age 18 years, S/O-Dandua Sahu - Complainant(s)

Versus

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

17 Dec 2021

ORDER

 

IN THE COURT OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, DEOGARH.

C.C. Case No- 11 /2020

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

Narottam Sahu, age 18 years,

S/O-Dandua Sahu,

At-Ratanpur,P.O-Rengalbeda,

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

                                                                       Vrs.

The Proprietor,

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: 03.12.2021, Date of Order: 17.12.2021

SRI DIPAK KUMAR MAHAPATRA,PRESIDENT:-Brief facts of the case is that, the Complainant on dtd.12.06.2019 purchased a HERO XTREAM 200R of variant HEXTMADSCCR having Chassis No- MBLLCU012KGB01042 and Engine MC20AAKGB01526 from the O.P vide invoice no- 22493CF195171 through HERO MOTOCORP FINANCE. The Ex-showroom price of the said motorcycle is Rs. 91,900/- and the Complainant has paid Rs 36,000/- as down payment which includes registration fees, insurance fees and accessories. The said motorcycle is financed by through the O.P and the monthly installment is amounting to Rs.3,247/- for 36 months. The O.P delivered Sale letter, Insurance Copy and assured to provide the Registration certificate and the Smart card within 15 days to the Complainant.  On asking the O.P every time says that the documents ate under process at RTO and so on. The Complainant has been fined time to time in Police and RTO checking due non production of relevant documents causing hamper in prestige as well as financial loss. The said motorcycle of the Complainant is seized by Deogarh police suspecting its involvement in a criminal case and now the motorcycle is lying in Deogarh Police Station. The Complainant is not able release the motorcycle from the seizure of police as he could not be able to produce ownership documents to claim the release the same. Being a student is harassed by the O.P by visiting several times to his showroom and sustained mental pain and agony due to non issuance of registration certificate etc. and also neglected the Complainant to provide required services timely which leads to deficiency in service and unfair trade practice caused by the O.P.

       As per the O.P the on road price of the Bike is Rs.1,09,123/- and the Down payment was Rs. 30,700/-. But the Complainant has paid Rs. 20,000/-. The said bike was mostly used by one Saroj Pradhan who is the uncle of the Complainant.  Saroj Pradhan was arrested by Kundheigola police in an allegation U/S-399/402 IPC & 25(1-B) Arms Act bearing Kundgeigola P.S Case no- 82/2019 on dtd. 19.08.2019. The accused Saroj pradhan is released on bail by Hon’ble J.M.F.C, Reamal.  One Dandua Sahu who is the father of the Complainant Narottam Sahu taken one Splendor Plus Motorcycle on dtd. 05.04.2020 but the finance was not completed due to some reason. Hence he made an agreement on dtd. 27.05.2020 to return the said Bike to the O.P. As the said Bike is in the Custody of the Police and the criminal case is pending before the Dist. & Sessions Judge, Deogarh it is not possible to get the Bike released from the Court.

POINTS OF DETERMINATION:-

1. Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
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 comes under the purview of Consumers as he has purchased a HERO XTREAM 200R from the O.P-1 on payment of consideration amount. It is seen that the Complainant has made some false averments in the Complainant petition stating that the said motorcycle is seized by Deogarh Police whereas the same has been sized by Kundheigola Police as it is involved in a criminal case.  As the above dispute is related to Judicial Proceedings, this Commission lacks jurisdiction to try this case. Hence the case is disallowed with a direction to the Complainant to file this case in an appropriate Forum for the reliefs sought for. Hence this case is disposed off.

Order pronounced in the open court today i.e, on 17^th day of December-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