Orissa

Debagarh

CC/21/2015

Pramod Kumar Nayak, aged about 50 yrs, S/o-Lt. Balaram Nayak - Complainant(s)

Versus

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

03 Jun 2015

ORDER

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

                                    C.D.NO. 10/2015.

Shri P.K. Dash, President, Smt. Arati  Das, Lady Member and P.Ch. Mahapatra, Member.

Pramod Kumar Nayak,aged about 50 Yrs,

S/O. Lt.Balaram Nayak,

R/O. Panibhandar,

Post/-Laimura,

Dist/-Deogarh.                                                             ….                   Complainant.

 

                        Versus

 

The Proprietor,

Konark Motors,

At/Post/-College Road, Deogarh,

Dist/-Deogarh.                                                             ….                   Opp.Party.

 

                        For the Complainant : - Nemo.

                        For the Opp.Party      :-  None.

 

DATE OF HEARING ; 03.06.2015 , DATE OF ORDER: 03.06.2015.

 

SMT.ARATI DAS, LADY MEMBER:- The case is taken up today for passing exparte order it has been found from the record inspite of personal service of the notice on the Opp.Party he neither  turn up to the forum nor filed any showcase defending his  case .The genus of succistinctly facts of the case is that , the complainant a permanent resident of Panibhandar ,Post/- Laimura in the district of Deogarh purchase one Hero Honda motor cycle from the showroom of the Opp.Party at Deogarh bearing Eng.No.HAIIECA 9H2239 and  Chassis No.MBLHA IIENAS 2626 on dtd.20.2.2011 .During this transaction O.P have receive along with cost of vehicle , cost of TR charges , cost of dickey , cost of insurance charges and cost of registration charges vide his money receipt No.1770 dtd.30.4.2011 ,1708 of 7.2.2011, 22 of 8.11.2011 for amounts Rs.5000/- , Rs.1000/- , Rs.5000/- and Rs.30,000/- cash without issuing any money receipt on dtd.20.2.2011 and Rs.5000/- on 24.2.2011 without receipt . Till date of filing the complaint Opp.Party has failed to hand over the R.C.Book , Registration Certificate in support of the vehicle ,though the amounts was advanced for the same .

 

            A.R.C.Book and Insurance documents are  vital documents under the Motor Vehicle Act,1988 ,even a person having ownership of the vehicle cannot drive his vehicle without those documents admissible to punishment .  Had Opp.Party not received the amount for registration charges and insurance charges from the complainant matter  would have been different but as he has received the said  amounts he has consented to extend his service to the extend of  getting the sold vehicle registered and insured we find Opp.Party guilty of deficient  service . The complaint petition is allowed.

 

                                                ORDER.

 

            Opp.Party is directed to hand over the documents of Registration and Insurance in favour of the sold vehicle by 10^th June,2015 . He is further directed to pay a sum of Rs.5000/- towards compensation for mental agony and harassment caused and Rs.2000/- towards the cost of litigation within 45 days of pronouncement of this order ,in default of which an extra amount @ 12% shall have to be paid by the Opp.Party till date of actual payment is made along with the aforesaid amount .

 

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

Order pronounced in the open court today i.e. on 3rd day of June, 2015 under my hand and seal of this forum.

I agree,                              I  agree,

 

                     (P.K.Dash)                           ( P.C.Mahapatra)                                     (Arati Das)

                     PRESIDENT.                  MEMBER                                    MEMBER.

 

                 Dictated and Corrected by me.

 

 

                        MEMBER.

.