DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
DEOGARH
CD Case No.39/2017
Sri Dipak Kumar Mahapatra, President, Smt. Jayanti Pradhan, Member(W) and Smt. Arati Das, Member.
Sri Prafulla Ghadei, aged about 44 Years,
S/O. Brushabhanu Ghadei,
Via/- Jamankira, P.S/-Kuchinda,
Dist/-Sambalpur. … Complainant.
Versus
The Proprietor,
Konark Motors,
By Pass Road, Kuchinda.
P.S/-Kuchinda, Dist/-Sambalpur. … Opposite Parties.
DATE OF HEARING :18.10.2017, DATE OF ORDER ; 02.11.2017.
Counsel for the parties :
For the Complainant : Nemo.
For the Opposite Parties : None.
SRI DIPAK KUMAR MAHAPATRA,PRESIDENT:- Brief facts of the case is that, the Complainant is a bonafide consumer who has purchased a new Hero Passion Pro (Black) Motor Cycle having Registration No.OD15H-7451,Enginee No.HA10EVFHK58386 and Chassis No.MBLHA10BSFHK55157 by paying the full and final consideration amount to the Opp.Party. When on the day of purchase of the said Motorcycle, the Complainant had been to the showroom of the O.P at Kuchinda as “Konark Mtors” the Manager of the showroom directed the Complainant to visit the owner of the showroom who is the Opp.Party residing at Deogarh paid the consideration amount of Rs.61,000/- at Deogarh. The O.P is running an another showroom at Deogarh as Jindal Motors where the Complainant had met the O.P and paid the amount for the motorcycle. Thereafter the O.P suggested him to take motorcycle from Konark Motors at Kuchinda and he Manager of the showroom at Kuchinda delivered the motorcycle alongwith Money Receipt, Sale invoice and all connected papers to the Complainant. But till the filling of the Complainant petition, the O.P has not provided the Smart Card, R.C. Particular and Insurance Copy to the Complainant as the O.P has taken the charges for Registration and Insurance of the motorcycle with the payment of the motorcycle from the Complainant on the day of delivery of the motorcycle. Hence, the Complainant is complaining of being harassed during Police and M.V.I checking. The Complainant has several times visited both the showroom of the O.P but the O.P harassed him every time. As the O.P is running two showroom in different names with same proprietorship neither the Manager nor the owner / O.P is taking the responsibility of providing proper service to the customers. Hence, this case is filed against the O.P.No.1 to provide certain reliefs to the Complainant.
From the above discussion it is clearly inferred that the O.P has sold the motorcycle to the Complainant after receiving full and final consideration amount from the Complainant alongwith the charges towards Registration fees and Insurance fees. But the O.P has not provided the R.C. Book, Smart Card and Insurance Copy to the Complainant till the filling of this case ,rather harassed the Complainant as the Complainant has several times visited both the showrooms “Konark Motors” at Kuchinda and” Jindal Motors” at Deogarh . Again the Complainant has filed the Xerox copies of Smart Card, R.C. Particulars on dtd.26.7.2017 which has been provided by the Opp.Party after filling a complaint case against him. Here it can be seen that the Complainant has purchased the motorcycle on dtd.9.3.2016. The Registration of the motorcycle has been done on dtd.14.7.2017. So it can be clearly observed that the Opp.Party has intentionally delayed the Registration and Insurance of the motorcycle for which the Complainant has suffered a lot. The Complainant was using the motorcycle without any valid and genuine documents where there was every chance of theft or accident where exists risk by life of the Complainant. Where the Opp.Party has no right to play with the life of the Complainant. Again the Opp.Party has a fraudulent intention for which has not got the motorcycle Registration and Insurance with due time and misuse the money of the complainant. 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.
ORDER.
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 petitioners and Rs.2.000 (Rupees two thousand ) as litigation expenses to the petitioner .The O.P is further directed to comply the order within 30 (Thirty ) days of receipt of this order failing which the O.P is liable to pay penal interest of 12% 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. 2nd day of November, 2017 under my hand and seal of this forum.
I agree, I agree,
MEMBER,(W). MEMBER. PRESIDENT.
Dictated and Corrected
by me.
PRESIDENT.
