Orissa

Debagarh

CC/35/2020

Arun Behera, aged about 37 years, S/O-Late Rengtu Behera - Complainant(s)

Versus

The Proprietor, SASWATI MOTORS - Opp.Party(s)

17 Dec 2020

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION, DEOGARH

C.C NO- 35/2020

Present;-      Sri Dipak Kumar Mahapatra, President, Smt. Jayanti Pradhan, Member(W) and Smt. Arati Das, Member.

Arun Behera, aged about  37 years,

S/O- Late Rengtu Behera,

At-Baniasahi(Tinkbir),P.O-Tinkbir,

P.S-Reamal,Dist-Deogarh.                                                                          …..Complainant.

                                                                        Vrs.

1. The Propreitor,

          SASWATI MOTORS,

          Near BSNL office, Deogarh,

          PO/PS/Dist-Deogarh.

     2. The Regional Transport Officer,

         At-R.T.O Office,Deogarh,

         P.S/Dist-Deogarh.                                                                                   …..O.Ps

              

               Counsels -

               For the Complainant :                                      Nemo

               For the Opposite Party No-1 :                         None

                      For the Opposite Party No-2 :                         Sr. H.N. Sahu (Authorised Person)

 

DATE OF HEARING :10.12.2020, DATE OF ORDER ; 17.12.2020

 SRI DIPAK KUMAR MAHAPATRA,PRESIDENT:- Brief facts of the case is that, the Complainant on dtd.31.10.2016, has purchased TVS XL 100 two wheeler (Scooty) having Chassis No-MD621CP18G1L33758 and Engine No-OP1LG1944226  with a payment of Rs. 32,383/-. Out of the total the ex-showroom price was Rs.28,282/-, registration fees Rs.1,750/-,Insurance fees Rs.1,213 and Rs.1,137/- for accessories paid to the O.P-1 at the time of purchase. The Scooty was financed by the TVS Credit Service Ltd. and the Complainant had paid Rs.10,000/- as down payment. The O.P-1 had provided the Retail invoice, Insurance Certificate and a copy of Ownership Record  and Data on the day of sale of the Scooty and he had promised to handover the Registration documents like Smart Card and R.C Particulars within 15 days of delivery of the Scooty but in vain. Though the Complainant has already paid the entire installment to the financier but No Due Certificate (NDC) could not be issued due to lack of registration documents. On dtd. 26.11.2017 when the Complainant asked the O.P-1 about the documents he replied that the documents have not been ready from RTO office and it will take more time. On dtd. 14.10.2019, the Complainant visited the office of the O.P-2 to confirm the matter by providing Chassis and Engine nos. of the Scooty but the staff of the O.P-2 denied having such paper relating to the Scooty, submitted by the O.P-2 with them for registration. The Financier is also compelling the Complainant to submit the registration certificate etc to issue NDC in his favour. Due to non availability of the smart card and R.C particulars, the Complainant facing a lot of problems in R.TO/M.V.I/Police checking and paying penalty.

But according to the O.P-2, though the O.P-1 has deposited an amount of Rs.1,827/- towards MV Tax, Registration Fees, HPA endorsement and other charges through online on dtd. 07.01.2017 but he had not submitted the Sale certificate, Form No-20,21,22,Insurance certificate, Form-34 for HPA endorsement and adhaar/Voter ID before the O.P-2 for the registration of the vehicle. As per the order of the Hon’ble Supreme Court of India and office order of the Transport Commissioner regarding registration of vehicle of BS-IV category vehicles, the O.P-2 intimated the O.P-1 through e-mail on dtd.15.09.2020 and directed to submit all the relevant documents before the O.P-2 within dtd.25.09.2020 for completion of registration process of the vehicle before dtd. 30.09.2020 and the O.P-1 submitted the same on last day i.e. dtd. 30.09.2020.

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 we inferred that the Complainant comes under the purview of Consumers as he has purchased a new  TVS XL 100 two wheeler (Scooty) with a payment of Rs. 32,383/-from the O.P-1. Though the O.P-1 has received the payment towards registration fees which is included in the down payment he has not deposited the fees(IMV Fees and BMV Taxes e-Payment) along with relevant  papers such as Form-21, Disclaimer and Fee and Tax receipt to the registering authority who is the O.P-2 in this case for which the process became delayed. After getting information from the O.P-2 through e-mail on dtd.15.09.2020 with a direction to submit all the relevant documents before the O.P-2 within dtd.25.09.2020 for completion of registration process of the vehicle before dtd. 30.09.2020, the O.P-1 submitted the same on last day i.e. dtd. 30.09.2020 which proves gross negligence in providing customer services. The O.P-2 has immediately registered the Scooty on the same day i.e on dtd.30.09.2020 as soon as they received the required documents from the dealer sent to the address of the Complainant through Posts. Had the documents been submitted early by the O.P-1 the registration process would have been done much more earlier and delay could be avoided and the Complainant would not have suffered a lot. From the above we conclude that the O.P-1 has committed Deficiency in Service as well as Unfair Trade Practice to the Complainant. The allegation against the O.P-2 is not proved. Hence we order as under:-

ORDER

The Complaint petition is allowed. The O.P-1 is directed to pay Rs.22,000/- (Rupees Twenty Two Thousand)onlyas compensation, Rs.5,000/- (Rupees Five thousand ) for mental agony of the petitioner and Rs.3,000/- (Rupees Three thousand ) as litigation expenses to the petitionerwithin 30 (Thirty ) days of receipt of this order failing which the O.P-1 is liable to pay penal interest of 9% per annum on the above amounts.

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

Order pronounced in the open court today i.e. 17^th day of December, 2020 under my hand and seal of this Commission.

 

             I      agree,                                         I     agree,

           

          MEMBER(W).                                    MEMBER.                                PRESIDENT.

            Dictated and Corrected

                by me.

 

          PRESIDENT.