Ld. Advocate(s)
For Complainant: Debraj Das
For OP/OPs : None
Date of filing of the case :03.03.2021
Date of Disposal of the case : 12.07.2023
Final Order / Judgment dtd.12.07.2023
Complainant above named filed this complaint u/s 35 of the Consumer Protection Act, 2019 against the aforesaid opposite parties praying for direction to supply original Registration Certificate, Life Time Road Tax and Insurance Certificate, compensation amounting to Rs.1,00,000/-, cost of the case amounting to Rs.15,000/- and other reliefs.
He alleged in the petition of complaint that on 21.03.2020, he purchased one Motor Byke after paying on road price amounting to Rs.71,000/- including the price of the Motor Byke amounting to Rs.58,190/- and Rs.12,810/- as cost of the documents. OP NO.1 at the time of purchase of Motor Byke gave assurance that he will provide the documents of the aforesaid Motor Byke within a short period but after lapses of considerable period OP NO.1-4 not yet provided the documents of the said Motor Byke. They gave delivery of the aforesaid Motor Byke vide Chassis No.ME4JF39JJJU007846, Engine No.JF39E-U-5018506. Aforesaid Motor Byke is now lying on the house of complainant on useless condition.
On perusal of record we find that case is running ex-parte against OP No.2 & 3 vide order dated 11.04.2023. Case is also running ex-parte against OP NO.1 &4 vide order dated 21.07.2022.
Trial
During trial complainant filed affidavit in chief
Documents
Complainant produced the following documents viz :
- Road challan dated 21.03.2020..........(One sheet)..........(Orignal)
- Money Receipt amounting to Rs.71,000/- dated 21.03.2020.........(One sheet)........(Original)
- Copy of Advocate’s notice dated 30.09.2020...........(Three sheets).........(Original)
- Postal Receipt ...........(Three sheets)..........(Original).
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. We have carefully considered these documents.
On perusal of petition of complaint filed by the complainant and affidavit in chief filed by which complainant corroborated his contention made in the petition of complaint, we find that complainant on 21.03.2020 after paying Rs.71,000/- purchased one Motor Byke vide Chassis No. ME4JF39JJJU007846, Engine No.JF39E-U-5018506 including the payment of the Motor Byke amounting to Rs.58,190/- and cost of the documents amounting to Rs.12,810/-. We also find that he took the delivery of said Motor Byke. We also find that as per allegations of the complainant OP NO.1 gave assurance to provide the original documents of the said Motor Byke which are required to ply the Motor Byke on road within a very short period but OP NO.1 not yet provided those documents as per his assurance. We also find from the petition of complaint as well as affidavit in chief filed by the complainant, that complainant sent a legal notice through his Ld. Adv. Mr. Debraj Das on 30.09.2020 and sent the said notice under Registered Post after lapse of 6 months but OP NO.1 did not take any steps to supply the original documents of the aforesaid Motor Byke.
The aforesaid affidavit in chief is nothing but unchallenged testimony and we did not find any reason to disbelieve the same.
Placing reliance the aforesaid affidavit in chief , we find that complainant after paying Rs.71,000/- on 21.03.2020 in favour of OP NO.1 purchased one Motor Byke and value of the said Motor Byke is Rs.58,190/- and cost of the document is Rs.12,810/-.
So it is clear before us that OP NO.1 was agreed to provide the documents of the Motor Byke and he took Rs.12,810/- as cost of the aforesaid documents.
Moreover, as per Motor Vehicle’s Act, the supplier of Motor Byke is in duty bound to arrange papers of the Motor Byke which are required to ply the Motor Byke on road.
In view of the aforesaid discussion, it is clear before us that OP NO.1 took the cost of the documents from complainant but as per his assurance he did not provide the same in favour of the complainant within the specified date. Even they did not provide the document in favour of the complainant in spite of receipt of legal notice which was sent by Ld. Adv. Mr. Debraj Das in favour of OP No.1 & 3.
On perusal of record, we find that complainant is the consumer and OP No.1-3 are the service provider.
Having regard to the aforesaid discussion, we are of the firmed view that the complainant has established his grievance against the OP NO.1-4 which are nothing but deficiency in service.
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.1-4 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 arrange the documents of the aforesaid Motor Byke having Chassis No. ME4JF39JJJU007846, Engine No.JF39E-U-5018506 within one month from this date and hand over the same to the complainant failing which he shall refund Rs.71,000/-(Rupees Seventy one thousand) in favour of the complainant along with interest at the rate of 9% per annum from 21.03.2020 to till the date of actual payment positively within two months from this date failing which complainant shall have liberty to put this order into execution.
OP No.1-4 jointly or severally are directed to pay compensation amounting to Rs.10,000/- (Rupees Ten thousand) in favour of the complainant within one month from this date 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)
