IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JAJPUR.
Present: 1.Shri Jiban ballav Das, President.
2.Sri Pitabas Mohanty, I/C President,
3.Miss Smita Ray, Lady Member.
Dated the 16th day of October,2020
C.C.Case No. 24 of 2019
Taslima Kesar , W/O SK.Samsuddin
Vill/P.O/ Barundei , P.S. Korei
Dt.Jajpur
……....Complainant .
(Versus)
The Proprietor,Sanjibani Motors,N.H.5,Near,Tollgate,Panikoili
Dist.Jajpur.
……………..Opp.Parties.
For the Complainant: Sri Sachinanada Rana, K.Ch.Sahoo,Sri B.Rana, Advocates .
For the Opp.Parties : None ( Exparte)
Date of order: 16 .10. 2020.
SHRI PITABAS MOHANTY , MEMBER .
The petitioner has filed the present dispute alleging deficiency in service against the O.P.
The fact of the complaint petition shortly is that the petitioner had purchased a Auto Rickshaw (passenger) paying consideration amount of Rs. 60,000 where Rs.25,000/- cash transferred from odisha Gramya Bank ,Baitarani Branch on 07.01.17 and Rs.35,000/- has been financed by Bajaj Auto Finance ,Panikoili ,Jajpur . That the petitioner has paid the installment regularly to Bajaj Finance , Panikoili having the Emi fixed Rs. 6620/- . After purchasing the above vehicle on 4.10.17 the petitioner asked the o.p to deliver the connecting paper on the said vehicle i.e cash memo, R.C book, Insurance paper but the O. P out rightly refused to deliver the same .Thereafter the petitioner lodged an FIR before panikoili P.S and after investigation in Panikoili P.S the O.p assured to the petitioner to deliver d the connecting paper of the vehicle within 7 days but till today the O.P has not given the connecting documents of the above vehicle.
That the petitioner faced lot of troubles and financial problems because the vehicle is not running on the road . That the said vehicle without any number is now standing near the residential house of the petitioner and the insurance company is putting pressure for collection of the installment of the vehicle .That the petitioner is a poor woman and she had a lot of hope to earn money through his vehicle but without income she is spending very miserable life. After several request , the O.P did not listen the request of the petitioner . Hence on 24.1.2019 the petitioner sent a pleader notice through RP with A,D to the O.P but the O.P did not replied. Accordingly finding no other alternative the petitioner filed this dispute before this commission to direct the O.P to deliver the connecting papers of the vehicle to the petitioner along with pay compensation of Rs. 20,000/- for mentally, harassment and mental injury.
Though notice was duly served on the O.P but the O.P did not choose to contest the dispute by filing any written version or objection within the time limit fixed by this commission as per statute . Accordingly the Op has been set exparte vide order dt.29.8.19
On the date of hearing both parties are absent .After perusal of the record and document in details it is undisputed fact that the petitioner purchased the above vehicle from the O.P with the financial assistance of Baja Auto finance .Further regarding the other allegation of the petitioner there is no scope remain before this commission without accepting the uncontrvorted statement as mentioned in the complaint petition as per observation of the Hon’ble Appex commission reported in 2013(1) CPR-507-N.C ,wherein it is held that :
“ In case written version not filed after several opportunity it has no defence on merit”.
2003-CLT-Vol-96-p-15
“ In absence of written version by the O.p commission is bound to accept the uncontroverted statement made in the complaint “.
Further the O.P did not choose to reply to the pleader notice sent by the petitioner on 24.1.19 . It also may draw adverse inference as per observation of Hon’ble N.C reported in
2013(1)CPR-456-N.C
Hence this order
The dispute is allowed against the O.P exparte. The O.P is directed to deliver all the connecting papers of the vehicle to the petitioner within 7 days after receipt of this order, failing which the O.P is liabel to pay Rs 20,000/- as compensation. The petitioner can take steps as per law for non compliance of order . No cost .
This order is pronounced in the open Forum on this the 16th day of October,2020. under my hand and seal of the Forum.
