Orissa

Debagarh

cc/14/2014

Sanjaya Kumar Sahu, aged about 41 years, S/o-Late jagabandhu Sahu. - Complainant(s)

Versus

Umesh Ch. Agrawal, Proprietor Konark Motors - Opp.Party(s)

25 Aug 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

DEOGARH

 

Shri P. K. Dash, President Smt. Arati Das, Member and Shri P. C. Mahapatra, Member

 

Shri Sanjay Kumar Sahu,

Aged about 41 Years.

S/O – Late Jagabandhu Sahu,

Permanent Address:

Vill/PO- Kurda, PS.- Lahunipada,

Dist. – Sundargarh.

Present Adddress :

At/PO- Tileibani,

PS/Tehsil/Dist.- Deogarh                         …        Complainant.

•  

Shri Umesh Chandra Agrawal,

Proprietor, Konark Motors,

College Road, Deogarh

PO/Dist – Deogarh                                  …        Opposite Parties.

 

CD Case No.13/2014

Date of hearing 11.08.2014          Date of Order 22.07.2014

Counsel for the parties:

            For the Complainant:         Nemo

            For the Opposite Parties:  Nemo

O R D E R

 

PRATAP CHANDRA MAHAPATRA, MEMBER – The genus of the complaint is for not handing over of documents like Registration Certificate, Insurance Policy Certificate etc. arising out of sale of one Motorbike. The averment of the complaint petition being supported with verification and affidavit is that the complainant being a permanent resident of Village/PO – Kurda under Lahunipada Police Station of the district of Sundargarh is presently residing at Tileibani,PO- Tileibani in the district of Deogarh and on 14.11.2013 he purchased a Hero Honda Splendor Pro Motor Cycle from the show-room located at College Road, Deogarh of the OP, dealing in Hero Honda Motorcycle in the Name & Address of Konark Motors, Deogarh on payment of a consideration of Rs.55,800/- through cheque no.769511/dtd.14.11.2013. The consideration amount includes cost of the vehicle, cost of dicky, cost of Grip Cover Insurance Charges, Registration Charges, Road Taxes, cost of RC Smart Card. OP issued one Bill/Retail Invoice bearing no.862 / dtd.14.11.2013 and a money receipt bearing no.608 / dtd.14.11.2013 in token of receipt of payment of Rs.55, 800/- and assured the complainant to deliver all related documents within 15 days. The Retail Invoice and the Money Receipt issued by the OP reflect the Show Room Name and Address as “ Konark Motors, Bye Pass Road, Kuchinda, Dist.- Sambalpur “ and this fact on query by him, OP did say nothing. The OP has failed to handover the Registration Certificate, RC Smart Card, and Insurance Policy Certificate till date of filing this complaint inspite of several approach of the complainant. He contends that due to such action on the part of the OP, he is not able to ride his motor bike on road since last six months and hence suffers from financial loss and mental pain and agony. On such allegation the complainant stepped in to the Consumer Forum praying compensation for the deficiency in service caused by the OP.

            On admission of the complaint, the OP being notified as under provision of the Consumer Protection Act, 1986, herein after termed as “Act”, duly received on 29.05.2014 has failed either to appear or to file his written version even after adjournments on 17.06.2014, 09.07.2014, 21.07.2014 & 11.08.2014. Thus sufficient opportunity being provided to OP to defend his cause and in collinear with spirit of the Act OP was set ex-parte and ex-parte hearing was done on 11.08.2014.

            Having heard of the submission of the complainant and categorically examining the case and the existing law including the spirit of the Act we find as here under:

1)       Complaint suffers from no lacuna as to Jurisdiction and cause of action since Sec.11of the Act while dealing with Jurisdiction of the District Forum.— in sub section(2)(a) and(2)(c) lays that “(2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction,—

1. the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain, or “
2. xxx
3. The cause of action, wholly or in part, arises. 

Further as is evident from the affidavit document filed by the complainant on 25.08.2014 during expartee hearing that presently he being posted as M.P.H.S. at Tileibani C.H.C has been staying at Purunagarh of Deogarh Town since 21.09.2011

2)      Sale of the Hero Honda Splendor Pro motor bike bearing  Engine No.HA10ELDHJ50598 and Chasis No.MBLHA10ASDHK00056 to the complainant by the OP on 14.11.2013 was initiated and completed at Deogarh, as the OP has not denied or refused this fact.

3)      Issuance of sale documents in Kuchinda Address although actual sale/transaction materialized in Deogarh address accrues to unfair trade practices is established from documents in record.

4)      The OP has failed to provide documents like Registration Certificate, RC-Smart Card as alleged by the complainant till date although Insurance Policy document has been provided as established from documents filed by the complainant.

 

5)      It is also established that though OP has already receiced cost of Grip Cover, Dicky (Side Box) has not supplied the articles yet.

  Hence we find OP has not acted upon justly and his activity suffers from deficiency of services liable for payment of compensation to the petitioner for mental agony and harassment. Accordingly on the foregoing observations we are deciding the case in terms of the signed order as under:

 

 

O R D E R

The OP  shall have to hand over the complainant (i) Registration Certificate, (ii) RC Smart Card, (iii) Insurance policy document, (iv) Grip Cover and (v) Dickey(Side box) within a week of receipt of this order and is liable to pay the complainant A sum of Rs.5,000/- (Rupees five thousand) towards compensation for mental agony and harassment, Rs.2,000/- (Rupees two thousand) towards cost of litigation within 45 (forty five) days from pronouncement of the order. Failing which shall be liable to pay an additional amount of 9% as interest from the date of pronouncement of final order to the exact date the amount is actually paid.

Office is directed to supply the free copies of the order to the parties keeping acknowledgement of the receipt and date thereof.

Order pronounced in the open court today i.e. 25th day of August, 2014 under my hand and seal of this forum.

 

I     agree,                                  I   agree,

 

 

MEMBER.                                PRESIDENT                               MEMBER.          

 

Dictated and Corrected

         By me.

 

  MEMBER.