This case arises out of a consumer complaint U/S 35 of C.P. Act, 2019.
The case of the Complainant in a nut shell is that Complainant who is an employee of Central Bank of India, Cooch Behar Main Branch, B.S. Road, Cooch Behar purchased a motor cycle having model No. VESPALX-125 from Nilkanth Automobiles, Dharmatala, Subhaspally, P.O. & Dist. Cooch Behar taking loan from Central Bank Of India, with an amount of Rs.1,15,050/- which includes Rs.11,750/- as charge of RTO and Rs.6,500/- as charge of Insurance as indicated in the quotation of the O.P Company. (Annexure- ‘A’). The O.P Company issued sale intimation to RTO on 22.06.2021 for issuance of RC which is the responsibility of the O.P to get the RC issued by RTO. But the Complainant did not receive the RC and papers related to insurance till date. He approached the O.P for the same for several times but in vain. Lastly on 04.08.21 he sent lawyer’s notice to O.P by regd. Post which was received by the O.P on 06.08.21 but O.P did not supply the R/C and insurance paper to the complainant. Finding no other alternative he filed this instant case before this Ld. Commission to get relief for the same. He prayed to pass an order to direct the O.P to supply R/C and paper related to insurance or to refund of Rs.1,15,050/- with interest and to pay Rs.1,00,000/- for deficiency in service and mental agony, Rs.50,000/- as compensation for non plying of the vehicle and Rs.10,000/- for litigation cost.
POINTS FOR CONSIDERATION
- Is the Complainant a consumer under C.P. Act, 2019?
- Is there any deficiency in service?
- Is the Complainant entitled to get any relief?
DECISION WITH REASONS
All points are taken up together, for discussion. Complainant purchased the motor cycle from the O.P company with a price of Rs.1,15,050/- which includes Rs.11,750/- for registration of RTO and Rs.6,500/- for insurance of the vehicle as mentioned in the quotation of the O.P Company. The Complainant was assured to be given the RC and insurance documents by the O.P Company.
He requested the O.P company to get the RC and insurance papers for his motor cycle several times but could not succeed . He sent a lawyer’s notice to the O.P Company for the same and it was received by the O.P but O.P did not respond to the notice. Finally he filed this instant case and contested the case by filing evidence on affidavit and written argument. On the other hand O.P received the summon from the Ld. Commission but they did not turn up before the commission to contest the case. So the case was heard ex parte.
We have gone through the materials on record thoroughly and have heard the arguments on the part of the Complainant at length and from there we are of the view that there is deficiency in service on the part of the O.P Company and at the same time Complainant was suffering from mental pain and agony as he was not able to run his two wheeler without proper documents. So he is entitled to get relief for the same.
Hence, it is
Ordered
That in the instant case be and it is heard ex-parte.
The O.P is hereby directed to supply RC and insurance documents to the Complainant at the earliest and to pay Rs.4,000/- for deficiency in service & mental pain & agony Rs.4,000/- as compensation for nonpaying of the motor cycle and Rs.2,000/- for litigation cost within 30 days from the date of this order failing which awarded sum with carry interest @ 6% per annum till realization.
Let plain copy of this order be supplied to the parties concerned by hand/by post forthwith, free of cost for information and necessary action, if any.
The copy of the Final Order is also available in the official Website www.confonet.nic.in.
Dictated and corrected by me.
