Orissa

Debagarh

CC/9/2021

Ashutosh Behera, aged about 28 years, S/o-Prafulla Kumar Behera - Complainant(s)

Versus

The Proprietor, Unitech Motors - Opp.Party(s)

26 Nov 2021

ORDER

IN THE COURT OF DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, DEOGARH.

C.C NO-09/2021

Present-Sri Dipak Kumar Mahapatra, President, Smt. Arati Das, Member.

Ashutosh Behera, aged about 34 years,

S/O- Prafulla Kumar Behera,

At-Mathasahi,Ward No-3,

P.O/P.S/Dist-Deogarh.                                                                                ....Complainant.

                                                                        -Vrs-

1.   The Proprietor,

             UNITECH Motors

 

              At-Rajamunda, Deogarh,

        2.    The Branch Manager,

                Magma HDI

                1st Floor, Near Union Bank,

                 Balaji Mid Town, Daheri Pali,

                 Budharaja, Sambalpur-768004.

3.      The Regional Transport Officer,

      At-R.T.O Office, Deogarh,

    PS/Dist-Deogarh.                                                                            …..O.Ps.

             COUNSELS:-

For the Complainant :-          Self

For the O.P-1             :-          None.

For the O.P-2             :-          None

For the O.P-3             :-          Self

 

DATE OF HEARING : 06.11.2021, DATE OF ORDER : 26.11.2021

SRI DIPAK KUMAR MAHAPATRA,PRESIDENT:-Brief facts of the case is that, the Complainant  on dtd. 28.10.2020 has purchased a new  YAMAHA YZF R-15 ABS Darknight ABS BS-IV bike, having Chassis No-ME1RG671BL0053820 and Engine No- G3N4E0078577 from the O.P-1 on payment of Rs.1,79,425/-. Out of the total payment he has paid Rs.12,172/- towards Registration fees, Rs.9,630/-for Insurance, and Rs.3,050/- for handling/hypothecation charges. The O.P-1 received Rs.1,54,600/-  for the ex-showroom price of the said Bike. But the in the Insurance certificate the IDV of the Bike is Rs.1,39,935/-(95% of sale price),hence according to the O.P-2 the  ex-showroom price must be Rs.1,47,300/. That, in the disclaimer certificate issued by Govt. of Odisha where the sale value of the Bike is written as Rs.1,50,600/- which is Rs.4,000/- less than the amount received by the O.P-1 against the said Bike. The O.P-1 has not handed over any sale letter, Retail Invoice, to the Complainant at the time of sale but he assured to handover all the documents along with the Smart Card R.C particulars of the scooter within 15 days from the delivery of the vehicle. Whereas the O.P-1 has received Rs.1,54,600/-from the Complainant, then the O.P-2 and O.P-3 should mention the Ex-showroom price in the Insurance certificate and Disclaimer respectively. Again, if the O.P-2 & O.P-3 have reflected the correct amount in their respective documents then it is clear that the O.P-1 has cheated the Complainant. The Complainant requested the O.P-1 o refund the excess amount taken from him in various heads but till today he has not refund or settles the disputes with the Complainant. The Complainant is now in confusion about the actual ex-showroom price of the Bike and hence the O.P-2 & 3 are made party to this case as it is quite impossible. The complainant has visited the showroom of the O.P for 5 to 10 times for which he has sustained financial loss, mental pain and agony due to deficiency in service caused by the O.P. and the cause of action arose on dtd.27.01.2021 when the O.P-1 avoid the Complainant when on asking for refund of money and settlement of matter.

According to the O.P-3 as per the homologation system the sale amount of the vehicle bearing registration number is Rs. 1,50,600/- and as the Vahan Portal the Insurance cost is Rs.8,297/- and Tax amount is Rs.9,036/- and other fees is reflected as Rs.1,068/-.

The O.P-1 & 2, despite of service of notice they did not bother to appear before this Commission thus challenging the allegations made by the Complainant. So taking it in to consideration as “IT IS A YEAR OLD CASE”, this Commission has rightly decided to dispose the case as well setting the O.P-1 & 2 as ex-parte in this case. Hence hearing conducted exparte under Rule-6 of Order-9 of Civil Procedure Code.

POINTS OF DETERMINATION:-

1. Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
2. Whether the O.Ps has committed any Deficiency in Service to the Complainant?

 

From the above discussion and materials available on records we inferred that the Complainant comes under the purview of Consumers as he has purchased a new YAMAHA YZF R-15 ABS Dark night ABS BS-IV bike from a dealer at Deogarh on payment of consideration amount. On going through the sale letter, RTO letter and Insurance copy it is seen  that the total amount receivable from the Complainant towards the sale of the motorcycle is 1,69,001/-in addition to hypothecation and handling charges of Rs.3,050/-. After adding the said hypothecation and handling charges the total amount is at Rs 1,72,051/-. But the O.P-1 has taken Rs.1,79,425/- which is in excess of Rs.7,374/- and relates to unfair trade practice. The O.P-1 has not clarified to the Complainant for what he has taken the differential amount which creates a suspicion on the mind of the complainant. Hence we conclude that the O.P-1 has committed Unfair Trade Practices under section 2(47) of Consumer Protection Act,2019. The allegation against the O.P-2 & 3 has not been established so they are free from all charges Hence we order as under:-

 

ORDER

The Complaint petition is allowed. The O.P-1 is directed to refund the excess amount of Rs. 7,374/-with 9% interest  per annum from the date of receipt of the money i.e., dtd. 28.10.2020 till its realization." The O.P-1 is further directed to pay Rs. 7,000/-(Rupees Seven Thousand) as compensation for harassment, mental pain and agony along with Rs.3,000/- (Rupees Three Thousand) towards the cost of litigation. All the above orders are to be carried out within 30 (Thirty) days of receiving of this order, failing which, the complainant is at liberty to proceed in due process of law.

Order pronounced in the open court today i.e, on 26^th day of November-2021 under my hand and seal of this Commission.

Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof.

I agree,                                                                                             

 

MEMBER.                                                                                                      PRESIDENT.

                                                      Dictated and Corrected

                                                                    By me.

           

 

                                                                PRESIDENT.