Ld. Advocate(s)
For Complainant: Debraj Das
For OP/OPs : Abhinandan Biswas
Date of filing of the case :27.12.2021
Date of Disposal of the case :05.06.2023
Final Order / Judgment dtd.05.06.2023
Complainant above named filed this case u/s 35 of the Consumer Protection Act, 2019 against the aforesaid opposite parties praying for direction upon the OPs to hand over the original Registration Certificate, Lifetime Road Tax, compensation amounting to Rs.1,00,000/- and cost of the case amounting to Rs.15,000/-.
He alleged in the petition of complaint that on 30.11.2019, he purchased one Honda Motor Bike from the OP No.1 & 2 and paid Rs.75,800/- as on road price. Actually the value of motor bike is Rs.56,955/- and cost of the documents were Rs.18,845/-. OPs gave assurance that they will provide the Registration Certificate, Insurance Policy and other documents in favour of the complainant. But OPs did not provide those documents in favour of the complainant. As a result, complainant could not use the said motor bike. Said Motor bike is lying in his house of complainant as useless condition. He visited on several occasions before the OP NO.1 & 2 but he did not get any fruitful result. Lastly he sent a legal notice through his Ld. Advocate on 09.11.2021 but he did not get any reply. Hence he filed this case praying for aforesaid relief.
Case is running ex-parte against OP NO.2,3 & 4 vide order dated 27.07.2022 case is running ex-parte against OP No. 5 vide order dated 03.01.2023.
OP NO.1 contests this case by filing a W/V and denied the entire allegations of the petition of complaint. He contended that OP NO.1 is a wholesale dealer of Honda Motor bike and A.R. Honda at Matiari being the retailer business authority of his local area. Complainant purchased motor bike from OP NO.5. OP NO.5 used to sale motor bikes on their own area to their customers. It is also fact that if any individual consumer purchased motor cycle from the A.R. Honda (OP No.5) then A.R. Honda (OP NO.5) being the seller of that motor cycle should responsible to solve all
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grievance of the party and OP NO.1 is no way responsible for such consumer related grievance. There is no unfair trade practice on behalf of OP NO.1. He prays for dismissal of the case.
Trial
During trial complainant filed affidavit in chief. Liberty was give to OP NO.1 to receive copy of affidavit in chief from this Commission. But he did not take the same from this Commission and he was found absent on 23.02.2023, 24.03.2023, 19.04.2023 and 19.05.2023. So, we find that OP NO.1 lost the chance to file interrogatories.
Documents
Following documents have been produced on behalf of the complainant viz :
- Road challan issued by OP NO.5.........(One sheet)........(Original)
- Money Receipt amounting to Rs.35,000/- issued by OP NO.5.........(One sheet)..........(Original)
- Money Receipt amounting to Rs.40,800/- issued by OP NO.5......(One sheet)........(Original)
- Insurance Policy in the name of complainant (issued on 29.02.2020) premium amounting to Rs.4524/- valid for the period from 28.02.2020 to 27.02.2025.....(One sheet)......(Original)
- Document issued by OP NO.5 date nil.........(One sheet).......(Original)
- Letter issued by complainant to OP NO.5 dated 05.11.2020 which also contains Xerox copy of track report.......(One sheet)......(Original)
- Letter issued by complainant to OP No.5 along with Xerox copy of Postal Receipt........(One sheet).........(Xerox)
- Letter issued by complainant in favour of OP NO.5 along with original receipt.........(One sheet)..........(Original)
- Letter issued by complainant in favour of the State Information Officer and District Magistrate dated 18.02.2021..........(One sheet)..........(Original)
10)Reply by D.M., Nadia dated 09.03.2021......(One sheet).........(Original)
Brief Notes of argument.
Complainant filed BNA.
Decision with Reasons
We have carefully gone through the petition of complaint, W/V by OP NO.1, affidavit in chief of complainant, documents filed by the
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complainant and BNA filed by the complainant. We have carefully considered these documents.
On perusal of original road challan dated 30.11.2019, we find that the complainant purchased one Motor bike for the Model Dream Yaga (STD, CVS) Chassis No.ME4JC58FFKG002383, Engine No.JC58EG0022475, Key No.1080.
On perusal of original money receipt dated 30.11.2019, we find that complainant paid Rs.35,000/- in favour of OP NO.5.
On perusal of original money receipt dated 18.12.2019, we find that complainant paid Rs.40,800/- , in favour of OP NO.5. So, it is clear before us that complainant purchased the aforesaid Motor bike from OP NO.5 and paid Rs.75,800/-.
On perusal of Insurance Policy dated 29.02.2020, we find that aforesaid Motor bike has been insured in the name of complainant for the period from 28.02.2020 to 27.02.2025.
On perusal of documents issued by OP NO.5, we find that OP NO.5 admitted in writing that Registration Certificate of the aforesaid document not yet been prepared. They also admitted that complainant purchased the aforesaid Motor bike from their showroom. They also admitted that complainant is the owner of the said Motor bike. They also stated that complainant can run the said Motor cycle without number plate till the time he could arrange registration for the aforesaid bike.
On perusal of letter dated 05.11.2020 issued by complainant in favour of OP NO.5, we find that complainant stated that he purchased the aforesaid Motor bike on 30.11.2019 but till date certificate of Registration not yet been done. And he harassed such as by the Police of Katwa P.S. due to absence of documents of the aforesaid Motor bike. He requested the OP NO.5 to replace his Motor bike by a new BS6 Model Motor bike.
On perusal of reply of D.M., Nadia dated 19.03.2021, we find that D.M., Nadia directed R.T.O., Nadia to give the answer of R.T.I. application of the complainant.
During hearing Ld. Advocate for the complainant argued that till date RTO, Nadia did not give any answer.
OP NO.1 in his W/V admitted that OP NO.5 is a retailer. He further stated that he is the wholesale dealer of Motor bike and OP NO.5 use to purchase vehicle from him. So he is not responsible for any deficiency for act of OP No.5.
It is fact that it is not possible for man to ply the Motor bike on road in absence of any document. But it is fact that till date OP NO.1-5 did not
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provide the necessary documents of the aforesaid Motor bike which are required to ply a Motor bike on road. The reason which has been assigned OP No.1 as a wholesale dealer of Star Honda is not acceptable because OP NO.5 is a sub-dealer under him. We think that OP NO.1-5 are responsible for non supply of necessary documents which are required to ply a Motor bike on road.
On careful perusal of record and contention of the parties and considering the documents on record , it is clear before us that complainant is a consumer and OP NO.1-5 are the service provider.
Having regard to the aforesaid discussion, it is clear before us that complainant has able to established his grievance. Accordingly, we find that OP NO.1-5 are responsible for aforesaid deficiency in service.
In the result present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed on contest against OP NO.1 and allowed ex-parte against OP No.2-5 with cost of Rs.3,000/- (Rupees Three thousand) to be paid by OP NO.1 in favour of the complainant.
OP NO.1-5 jointly or severally are directed to arrange the necessary documents of aforesaid Motor bike such as Registration Certificate, Lifetime Tax and other documents within a month from this day failing which they are directed to refund cash of Rs.75,800/-(Rupees Seventy five thousand eight hundred) in favour of the complainant after taking back the Motor bike which has already been given to the complainant failing which complainant shall have liberty to put this order into execution.
OP No.1-5 jointly or severally are directed to pay Rs.10,000/- (Rupees Ten thousand) as compensation for the harassment, mental pain of the complainant in favour of the complainant within one month from this day failing which aforesaid amount shall carry interest at the rate of 9% per
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annum from this day and complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to both the parties as free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
