Govt. of West Bengal
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION -NADIA
170, DON BOSCO ROAD, AUSTIN MEMORIAL BUILDING
KRISHNAGAR, NADIA, PIN 741101, Telefax (03472) 257788
______________________________________________________________________
PRESENT : Shri DAMAN PROSAD BISWAS, PRESIDENT
: SHRI NIROD BARAN ROY CHOWDHURY MEMBER
Case No. CC/87/2021
COMPLAINANT : Bhagirath Das,
S/O-Late Tarapada Das,
Resident of Vill-Majherpara,
Dakshin Jhitkipota, P.S. Kotwali,
Nadia, 741102.
V-E-R-S-U-S
OPPOSITE PARTIES / OPs 1) The Proprietor/Managing Director,
‘Subrata Automobile Private Limited (STAR HONDA)’,
Authorized dealer of Honda Motorcycle & Scooter
India Pvt. Ltd
Office at Palpara More
P.O. Krishnagar, P.S. Kotwali,
Nadia, Pin. 741102.
2)The Director/M.D
Corporate Office
Honda Motorcycle & Scooter India Pvt. Ltd,
26, Akurdi Gaothan, Vivek Nagar,
Akurdi, Pimpri Chinchwad,
Maharastra-411035.
3) The Director/M.D
Honda Motor Cycle & Scoter India Pvt.Ltd,
Commercial Complex-II, Sector-49-50,
Golf Cource Extension Road, Gurugram,
Haryana- 122018.
(2)
4)M/S Madhusudan Garai
Represented by the Proprietor Madhusudan Garai
Authorized dealer of Honda Motorcyle & Scooter
India Pvt. Ltd.
Official Address-College Street, P.O. Krishnagar,
P.S. Kotwali, Dist. Nadia, Pin-741101.
Email Address-garaihonda@gmail.com
Ld. Advocate(s)
For Complainant: Debraj Das
For OP/OPs : None
Date of filing of the case :29.10.2021
Date of Disposal of the case :19.06.2023
Final Order / Judgment dtd.19.06.2023
Complainant above named filed the present case u/s 35 of the Consumer Protection Act, 2019 against the aforesaid opposite parties praying for direction for supply of original Registration Certificate, Lifetime Road Tax and other documents or exchange the Motor cycle with BS VI Model without any charge, compensation amounting to Rs.50,000/-, litigation cost Rs.25,000/- and other reliefs.
He alleged that he had purchased one Honda Motor Bike on 27.09.2017 being model no. HONDA DIO BS4, vide Chassis No.ME4JF39DHH70606, and Engine No. JF39D72083740 from OP No.4 and paid Rs.63200/-. Complainant took delivery of the said Motor Bike and on that time OP No.4 gave assurance to provide necessary documents within a month. Complainant paid on road price but till date OP NO.4 not yet provided the aforesaid documents in favour of the complainant.
Case is running ex-part against the OP NO.1-4.
Trial
During trial complainant filed affidavit in chief.
Documents
Following documents have been produced on behalf of the complainant viz :
- Road challan issued by OP NO.4.........(One sheet)........(Original)
(3)
- Tax Invoice net amounting to Rs.255/- dtd. 24.10.2017.....(One sheet)....(Original)
- Insurance Policy in the name of complainant (issued on 19.10.2017) premium amounting to Rs.1483/- valid for the period from 18.10.2018......(One sheet)......(Original)
- Money Receipt amounting to Rs.7000/- issued by OP NO.4 dtd. 27.09.2017.........(One sheet)..........(Original)
- Money Receipt amounting to Rs.1500/- issued by OP NO.4 dtd. 17.12.2018......(One sheet)........(Original)
- Money Receipt amounting to Rs.3300/- issued by OP NO.4 dtd.28.02.2019.....(One sheet)..........(Original)
- Money Receipt amounting to Rs.2000/- issued by OP No.4 dtd. 22.01.2019.....(One sheet)..........(Original)
- Money Receipt amounting to Rs.723/- issued by Muthoot Capital Services Ltd.dtd 16.12.2022........(One sheet)..........(Original)
- One document Two wheeler Dashboard payment history dtd. 28.04.2023......(Two sheets)..........(computerised copy)
10)Original Postal Receipt..........(One sheet)
11)Legal notice issued by Ld. Adv. of Sri Debraj Das dated 03.09.2021..........(Three sheets)........(Original)
Brief Notes of argument.
Complainant filed BNA.
Decision with Reasons
We have carefully gone through the petition of complaint filed by the complainant, documents filed by the complainant, affidavit in chief filed by the complainant and BNA filed by the complainant. We have carefully considered same.
On perusal of money receipt dated 27.09.2018, we find that complainant paid Rs.7,000/-.
On perusal of money receipt dated 17.12.2018, we find that complainant paid Rs.1500/-.
On perusal of documents dated 28.02.2019, we find that complainant paid Rs.3300/-.
On perusal of receipt dated 22.01.2019, we find that complainant paid Rs.2,000/-.
(4)
Accordingly, we find that complainant paid Rs.13,800/-.
On perusal of petition of complaint, we find that complainant alleged that he took Rs.63,200/- as on road price of aforesaid Motor Bike.
On perusal of road challan, we find that price of the aforesaid Motor Bike is Rs.50,903/-. Accordingly, we find that opposite parties took Rs.12,297/- as cost of documents.
On perusal of Insurance Policy, we find that said policy has issued for the period from 19.10.2017 to 18.10.2018. Premium was collected Rs.1483/-. Said policy was issued through OP NO.4.
Complainant alleged that till date OP No.4 not yet provided any documents in favour of the complainant which are necessary to ply the aforesaid Motor Bike on road.
As per Motor vehicles Act, it is the duty of the showroom to arrange all the necessary documents which are required to ply the Motor cycle on road. But it is the allegation of the complainant that till date OP NO.4 not yet arranged any documents in favour of the complainant.
On perusal of record, we find that complainant is the consumer and the opposite parties are the service provider.
On careful perusal of affidavit in chief, we find that complainant categorically alleged that OP NO.4 not yet provided necessary documents in favour of the complainant till date. Aforesaid affidavit in chief is nothing but unchallenged testimony and we do not find any reason to disbelieve the same.
Having regard to the aforesaid discussion and placing reliance upon the affidavit in chief filed by the complainant and other documents filed by the complainant, we are of the firmed view that complainant has able to established his grievance by sufficient documents and accordingly, he is entitled to relief as per his prayer.
In the result, present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed ex-parte against the OP NO.1-4 with cost of Rs.3,000/- (Rupees Three thousand) to be paid by OP NO.1-4 in favour of the complainant.
(5)
OP No.1-4 jointly or severally are directed to provide the necessary documents which are required to ply the aforesaid Motor Bike on road in favour of the complainant within one month form this day or OP NO.1-4 are directed to take back the aforesaid Motor Bike from the complainant and to refund the sum amounting to Rs.63,200/-(Rupees Sixty three thousand two hundred) in favour of the complainant within one month from this date failing which aforesaid amount shall carry interest at the rate of 9% per annum from this day to till date of actual payment and complainant shall have liberty to put this order into execution.
OP No.1-4 jointly or severally are directed to pay Rs.10,000/- (Rupees Ten thousand only) 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 annum from this day and complainant shall have liberty to put this order into execution.
Let a copy of this final order be supplied to both the parties as free of costs.
Dictated & corrected by me
............................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
........................................
MEMBER
(NIROD BARAN ROY CHOWDHURY)
