Orissa

Debagarh

CC/13/2020

Ranjit Nayak, aged about 31 years, S/O- Nabin Nayak - 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- 13/2021

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

Ranjit Nayak, aged about 31 years,

S/O- Nabin Nayak.

At- Jatiakholdihi, P.O-Jamumal,

P.S-Jamankira, Dist-Sambalpur.                                                    …         Complainant.

Vrs.

1. The Proprietor,

          Jindal Motors, College Road, Deogarh,

          PO/PS/Dist-Deogarh

   2.   The Regional Transport Officer,

         At-R.T.O. Officer, Deogarh,

           PS/Dist-Deogarh                                                                       …         O.Ps.

Counsels:-

For the Complainant                       :- Self.

For the O.P-1                                    :- Sri B.Dash, Advocates.

For the O.P-2                                    :- Self

                                                            Date of Hearing: 10.12.2021, Date of Order: 17.12.2021

SRI DIPAK KUMAR MAHAPATRA,PRESIDENT:-Brief facts of the case is that, the Complainant  on dtd.01.11.2019 has purchased a new HERO HF DELUEX I3S IBS DRS CAST BLAZING RED having Chassis No-MBLHAW03XK4G09107 and Engine No- HA11ENK4G17514 by hypothecation with Hero Fincorp Ltd with a Rs.50,100/-. The Complainant has paid Rs. 15,000/- as down payment where the Registration fees, Insurance fees, Tax etc are included and rest of the amount is financed through the O.Ps and the EMI was of Rs.1932/-to the financier. The O.P.1 has assured the Complainant to provide the relevant documents within 15 days from the date of sale but till today the same are not delivered by the O.Ps with a plea that the documents he said that the documents have not been ready from RTO office and it will take more time. But on inquiry he found that there were no such documents pending at RTO office at Deogarh.  The Complainant every time facing a lot of problems in R.TO/M.V.I/Police checking and paying penalty and he is not able to ply the motorcycle on road.

          As per he O.P-1 the Complainant has already received the R.C book and Smart Card that was issued on dtd.14.11.2019 and received the Insurance paper earlier Hence he has not committed any Deficiency in services.

           As per the O.P-2 on verification he found that the vehicle has already been registered on dtd. 14.11.2019 with a registration mark OD-28-A-4606. After registration the Smart Card has been generated and dispatched on dtd. 14.11.2019 to the address of the Owner.

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 HF DELUEX I3S IBS DRS CAST BLAZING RED from the O.P-1 on payment of consideration amount. It is seen that the O.P-1Dealer Jindal Motors has already got the Bike registered in his own name by the RTO Deogarh though the Ownership Record Data   contains the name and address of the present Complainant. Again there is no evidence available in the record that there was an agreement between the Complainant, the technician Pramod Kumar Pradhan and the O.P-1 Jindal Motors about the part payment made and assured to be made by the Complainant. Hence in this case the right of the O.P-1 Jindal Motors to get the Bike registered in his name cannot be established.  No allegations established against the O.P-2. Hence considering the above facts we conclude that the O.P-1 has committed deficiency in service along with Unfair Trade Practice to the Complainant and we order as under–

                                                                                       ORDER

The Complaint petition is allowed. The O.P-1 is directed to transfer the ownership of the Bike in the name of the Complainant from his name (Jindal Motors) deliver the possession of the relevant documents of the said Bike to the Complainant. Further the O.P-1 is directed to pay Rs. 30,000/-(Thirty Thousand Only) to the Complainant as compensation for inconvenience, harassment and mental agony faced by the complainant and Rs.10,000/-(Rupees Ten Thousand)towards 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 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