Ld. Advocate(s)
For Complainant: Makbul Rahaman
For OP/OPs : None
Date of filing of the case :20.12.2021
Date of Disposal of the case :28.02.2023
Final Order / Judgment dtd.28.02.2023
Complainant Ajoy Kumar Das files the present complainant against the aforesaid opposite parties under section 35 of the Consumer Protection Act, 2019 alleging deficiency in service and prayed for direction to the opposite parties to hand over the documents relating to registration of vehicle, compensation amounting to Rs.78,500.00 (Rupees seventy eight thousand five hundred) and cost of the case.
It is the allegation of the complainant that he had purchased one Motorcycle from the OP No.1 and also paid the ex-show room price and all the expenses like registration fees, life time tax, Insurance and other documents of the Motorcycle.
Chassis No. of the said Motorcycle is ME4JF49AJJU063520 and Engine No. is JF49EU3221041. Said Motorcycle was purchased on 11.10.2018 from the OP No.1 and complainant paid Rs.78,500.00 as ex-showroom price. But OP No.1 did not provide documents of the vehicle to the complainant as per his promise. Hence, the complainant files this case.
Thereafter complainant sent a legal notice through his Ld. Adv. to the OP No. 1-3 on 06.12.2021 but they did not pay any heed.
We find from the order no.8 dtd. 23.06.2022 that in spite of receipt of the notice, OP No.1-3 not yet appeared in this commission, nor filed W/V. Accordingly the case has proceeded ex-parte against them.
Trial
During trial complainant Ajoy Kumar Das filed affidavit in chief and also filed certain documents.
Documents
Following documents have been produced on behalf of the complainant viz :
- Original copy of Tax Invoice dtd. 11.10.2018.......(One sheet)
- Original copy of Money Receipt issued by M/S. Madhusudan Garai dtd. 11.10.2018 amounting to Rs.78500/-........(One sheet)
- Original copy of ICICI Lombard Motor Insurance dtd. 10.11.2018.......(One sheet)
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- Letter copy of Legal Notice issued by Makbul Rahaman, Advocate dtd. 06.12.2021......(One sheet)
- Three Postal Receipts
Brief Notes of argument.
Complainant in support of his case filed Brief Notes of Argument dtd. 15.02.2023.
Argument
Ld. Adv. for the complainant argued before this commission that complainant purchased the aforesaid Motorcycle from the OP No.1 and paid Rs.78,500.00 (Rupees seventy eight thousand five hundred) to him with the assurance that he will give documents of the Motorcycle within one month to the complainant but he did not give the same in favour of the complainant. OP No.1-3 did not pay any heed in respect of the legal notice sent by the complainant. Even they did not take any action after receipt of the Advocate’s letter.
Decision with Reasons
It is the allegation of the complainant that he purchased the aforesaid Motorcycle from OP No.1 and paid Rs.78,500.00 (Rupees seventy eight thousand five hundred) to him with the assurance that he will give documents of the Motorcycle within one month but he did not give the same in favour of the complainant and OP No.1-3 did not pay any heed in respect of the legal notice sent by the complainant.
The present dispute relates to business transaction in between complainant and opposite parties. Present dispute also relates to the fact that OP No.1 gave assurance to provide necessary documents which are required to ply a Motorcycle on road but he did not provide the same in favour of the complainant. From the description of opposite parties, mentioned in the petition of complaint we find that OP No.1 is the local representative of OP No.2.
From the aforesaid allegation of the complainant and considering the documents on record we are of the firm view that complainant is the consumer under the provision of Consumer Protection Act, 2019.
On perusal of document dated 11.10.2018 we find that complainant purchased one Motorcycle on 11.10.2018 being Chassis No. ME4JF49AJJU 063520, Engine NO.- JF49EU3221041,valued Rs.78,500.00 and took delivery of the said Motorcycle.
It is the allegation of the complainant that at the time of purchase of aforesaid Motorcycle OP No.1 has assured that he would arrange registration of the said Motorcycle, payment of life time tax and payment of Insurance amount and also arrange other documents of the said vehicle. As
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per demand of the OP NO.1 complainant was agreed to pay the money which were required for the arrangement of aforesaid documents. Complainant alleged that he paid Rs.78,500.00 (Rupees seventy eight thousand five hundred) as cost of the Motorcycle and expenditure relating to aforesaid documents.
On perusal of the money receipt dtd.11.10.2018 we find that complainant already paid Rs.78,500.00 (Rupees Seventy eight thousand five hundred) .
On perusal of original policy documents we find that policy of the aforesaid vehicle was issued on 11.10.2018 and amount of the Insurance Premium is Rs.7,697.00 (Rupees seven thousand six hundred ninety seven).
It is the allegation of the complainant that in spite of receipt of aforesaid amount OP No.1 only provided Insurance Policy to the complainant but till date OP No.1 not yet provided any document such as Registration, Life Time Tax of aforesaid Motorcycle and other documents which are required for the purpose of ply of aforesaid Motorcycle.
OP NO.1-3 not yet appeared in this record so we could not know as to why they did not supply the aforesaid documents in favour of the complainant.
Ld. Adv. for the complainant further argued before this Commission that without proper documents of the Motorcycle such as registration document, document relating to payment of tax of the Motorcycle it is not possible for the complainant to ply the aforesaid Motorcycle because it is the gross violation of Motor Vehicle Act. Due to non-supply of aforesaid documents by the OP NO.1-3 complainant is not in a position to use the aforesaid Motorcycle.
On perusal of Insurance Policy we find that said document was issued on 11.10.2018 where vehicle was delivered on 11.10.2018.
As per section 41 of the Motor Vehicle Act, 1988, in case of a new motor vehicle, the application for registration in the state shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same state in which the dealer is situated.
Having considered the facts and circumstances of this case, evidence on records and documents on record we find that complainant has able to established that OP No.1-2 did not provide the documents of the vehicle such as registration documents of aforesaid Motorcycle, document relating to payment of life time tax
and other documents which are necessary to ply the Motorcycle on road and the aforesaid act on the part of OP No.1-2 are nothing but deficiency in service. Due to the aforesaid act of OP No.1-2 complainant not in a position to ply the aforesaid
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Motorcycle on road as a result he sustained mental pain and agony and accordingly complainant is entitle to adequate amount from the OP No.1-2 as compensation.
So necessary direction should be given to OP No.1-2 for arrangement of aforesaid documents such as registration documents of aforesaid Motorcycle, document relating to payment of life time tax and other documents which are necessary to ply the Motorcycle on road.
In the result present case succeeds. Hence,
It is
Ordered
that the present case be and the same is allowed ex-parte against OP No.1-2 with cost of Rs.3000.00(Rupees three thousands) to be paid by OP No. 1-2 in favour of the complainant.
OP No.1-2 jointly or severally are directed to arrange the documents of the aforesaid Motorcycle such as registration document, documents relating to payment of life time tax and other documents which are necessary to ply the Motorcycle on road within one month alternatively OP No.1-2 are directed to refund the amount of Rs.78,500.00 (Rupees seventy eight thousand five hundred) along with interest @ 9% per annum from 11.10.2018 to till the date of actual payment after taking delivery of the aforesaid Motorcycle from the complainant within next one month i.e two months from this date failing which complainant shall have liberty to put this order into execution.
OP No.1-2 jointly or severally are directed to pay Rs.10,000.00(Rupees Ten thousands) to the complainant as compensation for his physical harassment and for his mental pain and agony within one month from this order failing which complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to the complainant as free of cost.
Let a copy of this order be sent to OP No.1-2 for compliance.
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)
