Ld. Advocate(s)
For Complainant: Debraj Das
For OP/OPs : None
Date of filing of the case :10.09.2021
Date of Disposal of the case :23.03.2023
Final Order / Judgment dtd.23.03.2023
Complainant Supriyo Pal files the present complainant against the aforesaid opposite parties under section 35 of the Consumer Protection Act, 2019 alleging deficiency in service and prayed for direction to the opposite parties to hand over the documents relating to registration certificate, lifetime road tax and other documents, compensation amounting to Rs.50,000.00 (Rupees fifty thousand ) and , Rs. 15,000.00 (Rupees fifteen thousand) as cost of the case.
It is the allegation of the complainant that he had purchased one Honda Motor Scooter from the OP No.1 and also paid the ex-show room price and all the expenses like registration fees, life time tax, Insurance and other documents of the Honda Motor Scooter.
After purchase of said Honda Motor Scooter complainant went to the showroom of OP No.1 on several times to get his certificate of registration, tax receipt and for other documents but OP No.1 requested him to wait for one month . They only gave insurance policy of the said Honda Motor Scooter.
(3)
Chassis No. of the said Honda Motor Scooter is ME4JF50AGJT349417 and Engine No. is JF50ET7349501. Complainant paid Rs.65,000.00 to the authorised dealer of OP No. 2 & 3 on 17.08.2018. They issued tax invoice in respect of the aforesaid Honda Motor Scooter on 30.06.2018 where value of the said Honda Motor Scooter has described as Rs.55,242.00. One road challan was issued in respect of said amount. Engine No. and Chassis No. of said Honda Motor Scooter has described therein. On perusal of insurance certificate of the aforesaid Honda Motor Scooter we find that said policy was issued on 13.03.2020. Amount of the premium has mentioned as Rs.4574.00 said insurance policy was valid from 13.03.2020 to 12.03.2021.
As per aforesaid documents, we find that actually Honda Motor Scooter was sold on 30.06.2018 but insurance policy has been issued on 13.03.2020. On perusal of the money receipt dated 14.03.2020 , we find that complainant paid Rs.4574/- as insurance premium. Complainant also paid Rs.65,000.00 vide money receipt dated 17.08.2018. Price of the Honda Motor Scooter has described in the Tax Invoice as Rs.55,242.00 show it is clear before us that complainant paid Rs.9758.00 to M/S. Madhu Sudan Garai i.e Authorised representative of OP NO.2 & 3.
On perusal of legal notice dated 19.07.2021, I find that complainant sent legal notice to OP NO.1 through his Ld. Adv. as OP No.1 not yet provided the documents of the aforesaid Honda Motor Scooter .
We find from the order no.7 dtd. 09.06.2022 that in spite of receipt of the notice, OP No.1-3 not yet appeared in this commission, nor filed W/V. Accordingly the case has proceeded ex-parte against them. Case is running ex-parte against OP No.4 vide order no.16 dated 13.02.2023.
Trial
During trial complainant Supriya Pal filed affidavit in chief and also filed certain documents.
Documents
Following documents have been produced on behalf of the complainant viz :
- Original copy of P.D.I TAG .........(One sheet)
- Original copy of Money Receipt amounting to Rs.65,000/- dtd. 17.08.2018......(One sheet)
(4)
- Original copy of Road Challan for the amount of Rs.55242/-………(One sheet)
- Original copy of Tax Invoice in respect of amount of Rs.55242/-……(one sheet)
- Original copy of Money Receipt in respect of Insurance Premium amounting to Rs.4574/-……….(One sheet)
- Original copy of Insurance Policy issued by I.C.IC.I, Lombard......(One sheet)
- Copy of Legal Notice issued by Arup Ratan Chatterjee, Advocate dtd. 19.07.2021 along with two original Postal Receipts .....(Two sheets)
Brief Notes of argument.
Complainant in support of his case filed Brief Notes of Argument dtd. 07.02.2023.
Decision with Reasons
It is the allegation of the complainant that he purchased the aforesaid Honda Motor Scooter from OP No.1 & 4 and paid Rs.65,000/- ( Rupees Sixty five thousand ) and Rs.4574/-to them. They gave money receipt in respect of aforesaid Honda Motor Scooter amounting to Rs.55242/- and gave insurance policy in respect of premium amounting to Rs.4574/- . They gave assurance that they will give documents of the Honda Motor Scooter within very short period but they did not give the same in favour of the complainant.
The present dispute relates to business transaction in between complainant and opposite parties. Present dispute also relates to the fact that OP No.1-4 gave assurance to provide necessary documents which are required to ply a Honda Motor Scooter on road but they did not provide the same in favour of the complainant. From the description of opposite parties, mentioned in the petition of complaint we find that OP No.1 & 4 are the local representative of OP No.2 & 3.
From the aforesaid allegation of the complainant and considering the documents on record we are of the firm view that
(5)
Complainant is the consumer under the provision of Consumer Protection Act, 2019.
On perusal of document dated 30.06.2018, we find that complainant purchased one Honda Motor Scooter on 30.06.2018 being Chassis No. ME4JF50AGJT349417, Engine No.- JF50ET7349501 and took the said Honda Motor Scooter.
On perusal of the said document i.e Tax Invoice we find that one Honda Motor Scooter vide Chassis No. ME4JF50AGJT349417, Engine No.- JF50ET7349501 sold to complaint with cost of Rs.55,242/- (Rupees fifty five thousand two hundred forty two).
It is the allegation of the complainant that at the time of purchase of aforesaid Honda Motor Scooter OP No.1 & 4 have assured that they would arrange registration of the said Motorcycle, payment of life time tax and payment of Insurance amount and also arrange other documents of the said vehicle. As per demand of the OPs complainant was agreed to pay the money which were required for the arrangement of aforesaid documents. Complainant alleged that he paid Rs.9758/- (Rupees nine thousand seven hundred fifty eigh ) as expenditure relating to aforesaid documents.
On perusal of the money receipt dtd.30.10.2019 we find that complainant already paid total sum of Rs69,574/- (Rupees sixty nine thousand five hundred seventy four) .
On perusal of original policy documents we find that policy of the aforesaid vehicle was issued on 13.03.2020 and amount of the Insurance Premium is Rs.4,574.00 (Rupees four thousand five hundred seventy four).
It is the allegation of the complainant that in spite of receipt of aforesaid amount OPs only provided Insurance Policy to the complainant but till date OPs not yet provided any document such as Registration, Life Time Tax of aforesaid Motorcycle and other documents which are required for the purpose of ply of aforesaid Honda Motor Scooter.
OP NO.1-4 not yet appeared in this record so we could not know as to why they did not supply the aforesaid documents in favour of the complainant.
(6)
Ld. Adv. for the complainant further argued before this Commission that without proper documents of the Honda Motor Scooter such as registration document, document relating to payment of tax of the Honda Motor Scooter it is not possible for the complainant to ply the aforesaid Honda Motor Scooter because it is the gross violation of Motor Vehicle Act. Due to non-supply of aforesaid documents by the OPs complainant is not in a position to use the aforesaid Honda Motor Scooter.
On perusal of Insurance Policy we find that said document was issued on 13.03.2020 where as the Tax Invoice was issued on 30.06.2018.
As per section 41 of the Motor Vehicle Act, 1988, in case of a new motor vehicle, the application for registration in the state shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same state in which the dealer is situated.
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&4 did not provide the documents of the vehicle such as registration documents of aforesaid Honda Motor Scooter, document relating to payment of life time tax and other documents which are necessary to ply the Honda Motor Scooter on road and the aforesaid act on the part of OP No.1 &4 are nothing but deficiency in service. Due to the aforesaid act of OP No.1&4 complainant not in a position to ply the aforesaid Honda Motor Scooter on road as a result he sustained mental pain and agony and accordingly complainant is entitle to adequate amount from the OP No.1 & 4 as compensation.
So necessary direction should be given to OP No.1&4 for arrangement of aforesaid documents such as registration documents of aforesaid Honda Motor Scooter, document relating to payment of life time tax and other documents which are necessary to ply the Honda Motor Scooter on road.
In the result present case succeeds. Hence,
(7)
It is
Ordered
that the present case be and the same is allowed ex-parte against OP No.1-4 with cost of Rs.3000.00(Rupees three thousands) 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 Honda Motor Scooter such as registration document, documents relating to payment of life time tax and other documents which are necessary to ply the Honda Motor Scooter on road within one month alternatively OP No.1-4 are directed to refund the amount of Rs.69574/- (Rupees Sixty nine thousand five hundred seventy four) along with interest @ 9% per annum from 30.06.2018 to till the date of actual payment after taking delivery of the aforesaid Honda Motor Scooter from the complainant within next one month i.e 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 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.1-4 for compliance.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
