Ld. Advocate(s)
For Complainant: Debraj Das
For OP/OPs : None
Date of filing of the case :25.11.2019
Date of Disposal of the case :28.12.2022
Final Order / Judgment dtd.28.12.2022
Complainant Abhijit Biswas files the present complainant against the aforesaid opposite parties under section 12 of the Consumer Protection Act, 1986 alleging deficiency in service and prayed for direction to the opposite parties to hand over the original registration certificate, lifetime road tax, Insurance Policy and other legal documents of the Motor Bike, compensation amounting to Rs.1,00,000.00(Rupees One lakh) and cost of the case amounting to Rs.15,000.00(Rupees Fifteen thousand)
It is the allegation of the complainant that he had purchased one Bike from the OPs and also paid the ex-show room price and all the expenses like registration fees, life time tax, Insurance and other documents of the bike. Complainant has purchased said bike i.e. One Honda Motor Bike on 08.07.2018 being Model HORNET 160R CBS STD BS4, Colour-BLUE, Chasis No.ME4KC23GDJ8003299, Engine NO.-KC23E85007976, Key No.-8745 from OP No.1 and complainant paid Rs.1,11,540.00 to the OP No.1. Complainant took delivery of the said Motor Bike with the assurance of OP No.1 that aforementioned documents will be supplied to the complainant within one month from the date of purchase. But the OP No.1 as per his assurance did not supply those documents to the complainant.
Thereafter complainant sent a legal notice to the OP NO.1 & 2 on 19.08.2019 through his Ld. Adv. to hand over the aforesaid documents within fifteen days but OP after receiving said notice neither delivered the aforesaid documents nor they made any reply to the complainant. Hence this case.
We find from the order no.3 dtd. 11.03.2020 that in spite of receipt of the notice, OP No.1 & 2 not yet appeared in this commission and accordingly the case has proceeded ex-parte against them.
Trial
During trial complainant Abhijit Biswas filed affidavit in chief and also filed certain documents.
Documents
Following documents have been produced on behalf of the complainant viz :
- Road Challan issued by M/S. Madhusudan Garai dtd.08.07.2018……….(One sheet)…….(Original)
- Money Receipt issued by M/S. Madhusudan Garai dtd.14.07.2018 amounting to Rs.70,000.00…..(One sheet)…..(Original)
- Money Receipt issued by M/S. Madhusudan Garai dtd.23.09.2018 amounting to Rs.41540.00…..(One sheet)…..(Original)
- Sale invoice dtd.14.07.2018 issued by M/S. Madhusudan Garai...(One sheet)....(Computer Copy)
- PDI Tag dtd. 14.07.2018 vide key no.8745 dtd. 14.07.2018.....(One sheet).....(Original)
- ICICI Lombard Motor Insurance dtd. 23.09.2018........(One sheet)........(Original)
- Bank Statement of Avijit Biswas..........(Two sheets)...(Xerox)
- Complaint against Dealer for Vehicle Document dtd.26.05.2019......(One sheet)......(Computerised copy)
- Reply by Honda Company dtd.27.05.2019.........(One sheet).....(Computerised copy)
10)Complaint of the complainant to the OP NO.1 dtd.13.06.2019.....(One sheet)....(Xerox)
11) Grievance Details……(Two sheets)…..(Xerox)
12) Two Postal Receipts. ........(Xerox)
13) Advocate letter of Debraj Das dtd. 19.08.2019….(Three sheets)….(Xerox)
14) Complain letter before CAB……(One sheet)….(Xerox)
Brief Notes of argument.
Complainant in support of his case filed Brief Notes of Argument dtd. 18.10.2022.
Argument
Ld. Adv. for the complainant argued before this commission that complainant purchased the aforesaid Motor Bike from OP No.1 &2 and paid Rs.1,11,540.00 (Rupees One lakh eleven thousand five hundred forty) to them with the assurance that they will give documents of the Motor Bike within one month but
they did not give the same in favour of the complainant. They did not pay any heed in respect of the complaint lodged by the complainant before the OP NO.1 & 2. Even they did not take any action after receipt of the Advocate’s letter.
Decision with Reasons
It is the allegation of the complainant that he purchased the aforesaid Motor Bike from OP No.1 &2 and paid Rs.1,11,540.00 (Rupees One lakh eleven thousand five hundred forty) to them with the assurance that they will give documents of the Motor Bike within one month but they did not give the same in favour of the complainant and they did not pay any heed in respect of the complaint lodged by the complainant before the OP NO.1 & 2 and even they did not take any action after receipt of the Advocate’s letter.
The present dispute relates to business transaction in between complainant and opposite parties. Present dispute also relates to the fact that OP No.1 & 2 gave assurance to provide necessary documents which are required to ply a Motor Bike on road but they did not provide the same in favour of the complainant.
From the aforesaid allegation of the complainant and considering the documents on record we are of the firm view that complainant is the consumer under the provision of Consumer Protection Act, 1986.
On perusal of document dated 08.07.2018 we find that complainant purchased one Honda Motor Bike on 08.07.2018 being Model HORNET 160R CBS STD BS4, Colour-BLUE, Chasis No.ME4KC23GDJ8003299, Engine NO.-KC23E85007976, Key No.-8745 valued Rs.89,293.00 and took delivery of the said Motor Bike with good condition.
It is the allegation of the complainant that at the time of purchased of aforesaid Motor Bike OP No.1 has assured that he would arrange registration of the said Motor Bike, payment of life time tax and payment of Insurance amount and also arrange other documents of the said vehicle. As per demand of the OP NO.1 complainant was agreed to pay the money which were required for the arrangement of aforesaid documents. Complainant alleged that he paid Rs.89,293.00 (Rupees Eighty nine thousand two hundred ninety three) as cost of the Motor Bike and Rs.22,247.00 (Rupees Twenty two thousand two hundred forty seven) as cost of aforesaid documents i.e. Rs.1,11,540.00 (Rupees One lakh eleven thousand five hundred forty).
On perusal of the money receipt dtd.14.07.2018 and 23.09.2018 we find that complainant already paid Rs.70,000.00 (Rupees Seventy thousand) and 41540.00 (Rupees Forty one thousand five hundred forty) i.e. in total Rs. 1,11,540.00 (Rupees One lakh eleven thousand five hundred forty). Bank statement of complainant also corroborates the said fact.
On perusal of original policy documents we find that policy of the aforesaid vehicle was issued on 23.09.2018 and amount of the Insurance Premium is Rs.10,558.00 (Rupees Ten thousand five hundred fifty eight).
It is the allegation of the complainant that in spite of receipt of aforesaid extra amount of Rs.22,247.00 (Rupees Twenty two thousand two hundred forty seven) OP No.1 only provided Insurance Policy to the complainant but till date OP No.1 not yet provided any document such as Motor Bike Registration, Life Time Tax of aforesaid Motor Bike and other documents.
OP NO.1 & 2 not yet appeared in this record so we could not know as to why they did not supply the aforesaid document in favour of the complainant.
Ld. Adv. for the complainant further argued before this Commission that without proper documents of the Motor Bike such as registration document, document relating to payment of tax of the Motor Bike it is not possible for the complainant to ply the aforesaid Motor Bike because it is the gross violation of Motor Vehicle Act. Due to non-supply of aforesaid documents by the OP NO.1 &2 complainant could not use the aforesaid Motor Bike.
On perusal of Insurance Policy we find that said document was issued on 23.09.2018 where vehicle was delivered on 08.07.2018. It is clear before this Commission that OP No.1 supplied the said document to the complainant after lapse of two months.
On perusal of complaint of the complainant to the OP No.2 through e-mail we find that OP No.2 gave an assurance that they were looking into the matter and shall revert accordingly. But from the grievance of the complainant it is clear before us that OP No.1 & 2 did not take any steps to short out the grievance of the complainant.
Having considered the facts and circumstances of this case, evidence on records and documents on record we find that complainant has able to established that OP No.1 & 2 did not provide the documents of the vehicle such as registration documents of aforesaid Motor Bike, document relating to payment of life time tax and other documents which are necessary to ply the Motor Bike on road and the aforesaid act on the part of OP NO.1 & 2 are nothing but deficiency in service. Due to the aforesaid act of OP No.1 & 2 complainant could not ply the aforesaid Motor Bike on road as a result he sustained mental pain and agony and accordingly complainant is entitle to adequate amount from the OP No.1 & 2 as compensation.
So necessary direction should be given to OP No.1 & 2 for arrangement of aforesaid documents such as registration documents of aforesaid Motor Bike, document relating to payment of life time tax and other documents which are necessary to ply the Motor Bike on road.
In the result present case succeeds. Hence,
It is
Ordered
that the present case be and the same is allowed ex-parte against OP No.1 & 2 with cost of Rs.3000.00(Rupees three thousands) to be paid by OP NO. 1 &2 in favour of the complainant.
OP No.1 & 2 jointly or severally are directed to arrange the documents of the aforesaid Motor Bike such as registration document, documents relating to payment of life time tax and other documents which are necessary to ply the Motor Bike on road within one month on the other hand OP No.1 & 2 are directed to refund the amount of Rs.1,11,540.00 (Rupees One lakh eleven thousand five hundred forty) along with interest @ 9% per annum from 23.09.2018 to till the date of actual payment after taking delivery of the aforesaid Motor Bike from the complainant within one month from this date failing which complainant shall have liberty to put this order into execution.
OP No.1 & 2 jointly or severally are directed to pay Rs.10,000.00(Rupees Ten thousands) to the complainant as compensation for his physical harassment and for his mental pain and agony within one month from this order failing which complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to the complainant as free of cost.
Let a copy of this order be sent to OP NO.1 & 2 for compliance.
