DISTRICT CONSUMER DISPUTES REDRESSL FORUM, KANDHAMAL, PHULBANI

                                                                                         C.C NO. 32 OF 2014

Present:  Sri Rabindranath Mishra              - President.

                 Miss Suidhira Laxmi Pattanaik    - Member.

Sujit Kumar Sahani

S/O: Bideshi Sahani

At; Peonpada, Bapujipalli

PO/PS: Phulbani Town

Dist: Kandhamal.                                   ……………………   Complainant.

                Versus.

The Proprietor

Star Motors, plot No. 4728,

Gajapati Nagar, Bhubaneswar – 751005

Dist: Khurda                                              ……………………..  OPP. Party.

For the Complainant:  Sri Ajit Pattanaik and his associates.

For the Opp. Party    :   None.

Date of Order: 12-05-2015

                                                                                               O R D E R

                                    The case of the Complainant in short is that he had purchased a two wheeler Bajaj Pulsar motorcycle bearing Regd No. OR-22-A-5322 on 08-03-2009 from the Opposite Party by paying Rs. 29.500/- .The opposite party had received the said vehicle through auction sale from the I.C.I.C.I, Bank Bhubaneswar. The Opposite Party handed over the said vehicle to the Complainant on 08-03-2009 except the Registration certificate and life insurance certificate. On demand the Opposite Party explained that the same certificates will be delivered after one month from the date of purchase. But the Opposite party avoided the Complainant in spite of repeated approach for which the Complainant is suffering a lot. On 15-07-2013 the Complainant gave a legal notice to the Opposite party through his advocate for the purpose but the Opposite party did not take any step. So, the Complainant has filed this complaint for a direction to the Opposite party to handover the R.C Book and life insurance certificate to him and to pay compensation of Rs. 60,000/-  for his mental agony , expenditure and towards litigation cost.

                                                                                                          -2-     

                                    The Opposite party is not contesting the case. He was set exparte on 26-03-2015 as he refused to receive the notice of this Forum as reveals from the Postal remarks. He has not filed any version in this case.

                                    We have heard the learned counsel of the Complainant. We have gone through the Complaint petition and the documents filed by the Complainant in support of his case. The Opposite Party is not interested to appear before this Forum to give his counter. It is seen from the cash credit memo bearing No. 1805 that the Opposite Party had received Rs. 29.500/-in two installments on 07-03-2009 and 08-03-2009. It is the duty of the Opposite party to handover the documents along with the vehicle to the purchaser. In the absence of the Opposite Party we can not disbelieve the Complainant. None supplying   of relevant documents to the Complainant by the Opposite party amounts to gross negligence and deficiency in service. More over the R.C book is a most material document which should be given to the Purchaser immediately with the vehicle. Hence, the Complaint filed by the Complainant is allowed exparte against the Opposite Party.

                                    In the above circumstances the Opposite Party is directed to handover the R.C Book and Life Insurance certificates in connection with BAJAJ PULSAR Motor cycle Bearing Regd No. OR-22-A-5322 to the Complainant and to pay compensation of Rs. 10,000/-  and Rs. 2000/- towards cost of litigation to the Complainant within 30 days from the date of receipt of this order ,otherwise the Complainant is entitled to get 12% annum interest from the entire amount from the date of this order till realization .

                                    The C.C is disposed of accordingly. Supply free copies of this order to both the parties at an early date.

                                                                  MEMBER                                                       PRESIDENT