Ld. Advocate(s)
For Complainant: Debraj Das
For OP/OPs : None
Date of filing of the case :01.03.2021
Date of Disposal of the case :10.08.2023
Final Order / Judgment dtd.10.08.2023
Complainant above named filed the present complaint against the aforesaid opposite parties u/s 35 of the Consumer Protection Act, 2019 praying for reliefs as per his prayer.
He alleged that he had purchased one two Wheeler from the OP NO.1 on 25.07.2018 with payment of Rs.91,350/- as on road price. At the time of purchase of the said two Wheeler OP No.1 was agreed to provide all the necessary papers to the complainant which are required to ply the aforesaid two Wheeler on road but in spite of several requests OP No.1 did not provide the aforesaid documents in favour of the complainant. Hence the complainant filed this case.
Case is running ex-parte against OP No.1, 3 and 4 vide order dated 15.05.2023. Case is also running ex-parte against OP No.2 vide order dated 27.04.2023.
Trial
During trial complainant filed affidavit in chief.
(3)
Documents
Complainant produced following documents:-
- Original copy of Money Receipt issued by Madhusudan Garai dated 25.07.2018...........(One sheet)
- Original copy of Money Receipt issued by Madhusudan Garai dated 24.11.2018...........(One sheet)
- Original copy of Tax Invoice Receipt dated 07.07.2018...........(One sheet)
- Original copy of Postal Receipt..........(One sheet)
- Original copy of Advocate’s legal notice on behalf of complainant to OPs dated 09.10.2020..........(Three sheets)
- Original copy of Insurance Policy of HDFC ERGO General Insurance Company Limited, policy no.2312202521245100000.........(One sheet)
Brief Notes of Argument
Complainant filed BNA.
Decision with Reasons
We have carefully gone through the petition of complaint filed by the complainant, affidavit in chief filed by the complainant, documents filed by the complainant and BNA filed by the complainant.
On perusal of affidavit in chief filed by the complainant, we find that complainant corroborated the allegation which he made in the petition of complaint. Moreover, affidavit in chief filed by the complainant is nothing but unchallenged testimony and accordingly, we do not find any reason to disbelieve the same. Placing reliance upon the aforesaid affidavit in chief , we find that complainant had purchased one two Wheeler from the OP No.1 and made payment of Rs.91,350/- as on road price.
On perusal of money receipt dated 25.07.2022, we find that complainant paid Rs.91,350/- as on road price of the aforesaid two wheeler.
On perusal of Tax Invoice of aforesaid two Wheeler, we find that value of the two Wheeler is Rs.78,027/- and accordingly we find that complainant paid extra amount of Rs.13,323/- in favour of the OP No.1. He also paid Rs.7,824/- for the purpose of Insurance to the OP No.1.
(4)
Accordingly , it is clear before us that complainant paid aforesaid sum of Rs.13,323/- in respect of other documents of the vehicle that is Certificate of Registration, Road Tax and for other documents.
On perusal of affidavit in chief filed by the complainant, we find that till date OP NO.1 not yet provided the aforesaid necessary documents in favour of the complainant.
As per Motor Vehicles’ Act complainant is not authorised to ply the aforesaid two Wheeler on road without proper documents.
As per Motor Vehicles’ Act , it is the duty of the showroom to arrange necessary papers of new Motor Vehicles. So as per Motor Vehicles’ Act OP NO.1 being the representative of OP No.2-4 are beyond to arrange the necessary documents at the cost of the complainant which are required for the purpose of plying the aforesaid two Wheelers. But OP No.1-4 did not take any steps to provide the aforesaid documents in favour of the complainant.
Perused the Advocate’s letter dated 09.10.2020. We find that in spite of the Advocate’s letter complainant did not provide any documents in favour of the complainant.
On perusal of documents filed by the complainant , we find that OP No.1 only provided one Insurance Policy on 24.11.2018 in favour of the complainant relating to Insurance Coverage of the aforesaid two Wheeler for the period from 24.11.2018 to 23.11.2023. But as per law of the land only the insurance policy is not sufficient alone to ply the Motor Vehicles on road.
We failed to understand as to why the OP No.1-4 did not provide necessary documents in favour of the complainant though they collected the cost of the documents from the complainant.
Aforesaid conduct of the OP No.1-4 are nothing but deficiency in service.
On perusal of record, we find that complainant is the consumer and OP NO.1-4 are the service provider.
Having regard to the aforesaid discussion, it is clear before us that complainant has able to established his grievance by sufficient documents beyond reasonable doubt and accordingly he is entitled to relief as per his prayer.
In the result, present case succeeds.
Hence,
It is
(5)
Ordered
that the present case be and the same is allowed ex-parte against OP No.1-4 with cost of Rs.3,000/- (Rupees three thousand) to be paid by OP NO.1-4 in favour of the complainant.
OP No.1-4 jointly or severally are directed to provide the necessary documents of the aforesaid Motor Byke in favour of the complainant such as Registration Certificate, Road Tax and other documents within 45 days from this date or OP NO.1-4 jointly or severally are directed to refund Rs.91,350/- (Rupees ninety one thousand three hundred fifty) in favour of the complainant within next 45 days failing which aforesaid amount shall carry interest @ 9% per annum from this date to till the date of actual payment and complainant shall have liberty to put this order into execution.
OP No.1-4 jointly or severally are further directed to pay Rs.10,000/- (Rupees Ten thousand) as compensation in favour of the complainant for his harassment, mental pain and agony within 45 days from this day failing which complainant shall have liberty to put this order into execution.
Let a copy of this final order be supplied to both the parties as free of costs.
Dictated & corrected by me
............................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
........................................
MEMBER
(NIROD BARAN ROY CHOWDHURY)
