Ld. Advocate(s)
For Complainant: Makbul Rahaman
For OP/OPs : None
Date of filing of the case :28.09.2020
Date of Disposal of the case : 31.07.2023
Final Order / Judgment dtd. 31.07.2023
Complainant above name filed the present complaint u/s 35 Consumer Protection Act 2019against the aforesaid OPs and prayed for refund of Rs.76, 000/-, interest, compensation amounting to Rs. 50,000/- and cost of the case.
He alleged that he had purchased a motorcycle from OP no. 1 on 03.12.2018 vide chassis no. ME4JC65BJJ7111362 Engine No. JC65E72321718 with consideration of Rs. 76,000/- and he paid entire amount in favour of OP no. 1 and took the aforesaid Motorcycle. But on several dates complainant visited the showroom of OP no.1 for getting the documents of the vehicle but they did not give the same in favour of the complainant rather they misbehaved with him.
Lastly, Op no.1 refused to give document of the vehicle, hence, the complainant filed this case.
On perusal of the order no. 20 dtd.12.04.2023 we find that OP no. 1 after receipt of the notice on 29.11.2022 did not turn up before this Commission nor filed W/V. As per said order case is running ex-parte against them.
On perusal of the order no. 15 dtd.24.11.2022 we find that OP no. 2 after receipt of the notice on 30.09.2022 did not turn up before this Commission nor filed W/V. As per said order case is running ex-parte against them.
TRIAL
During trial complainant filed affidavit-in-chief
DOCUMENTS
Complainant produced following documents:
- Original copy of bill of M/S MADHUSUDAN GARAI in the name of complainant Bikash Barai. ( Annexure :1)
- Original copy of two money receipts dtd 03.12.2018 and 09.12.2018. ( Annexure :2)
- Original copy of certificate of insurance cum policy valid from 10.12.2018 to 09.12.2023. ( Annexure:3)
BNA
Complainant filed BNA.
DECISION WITH REASONS
We have carefully gone through original documents filed by complainant. From the money receipt dtd. 03.12.2018 and 09.12.2018 we find that complainant paid Rs.76,000/- in favour of OP no. 1.
On perusal of documents dtd. 03.12.2018 we find that one receipt has been issued in respect of value of the vehicle amounting to Rs. 61,156/-.
Accordingly, we find that complainant paid an additional amount i.e Rs. 76,000/- - Rs. 61,156/- = Rs. 14,844/-.
Ld. Adv. for the complainant argued at the time of hearing that the complainant paid Rs. 14,844/- as cost of the documents.
Perused the petition of complaint, affidavit-in-chief and BNA.
Complainant stated that on road price of the aforesaid motorcycle was paid to the OP no. 1 amounting to Rs. 76,000/-.
On perusal of another documents we find that insurance of policy of motorcycle was arranged for the period of 5 years and premium of the said policy was Rs. 6,621/-.
Ld. Adv. for the complainant argued that OP no. 1 not yet provided registration certificate, life time tax and other documents which are necessary to ply the motor cycle on road but OP no. 1 not yet provided the same till date.
As per M.V.Act it is the duly of the show room to arrange the necessary papers which is required to ply the motor cycle on the road.
Accordingly, it is clear before us that OP no. 1 was agreed to arrange the necessary papers which are required to ply motor cycle on road but OP no. 1 not yet arranged the same.
Having regard to the aforesaid discussion it is clear before us that OP o. 1 not yet comply his duty and responsibility as per agreement with the complainant, so necessary direction should be given to OP no. 1 and 2.
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 and 2 with cost of Rs. 3,000/- to be paid by OP no. 1 and 2 in favour of the complainant.
OP no. 1 and 2 jointly or severally are directed to provide necessary documents of the aforesaid motor cycle having engine no. JC65E72321718 and chassis no. ME4JC65BJJ7111362 such as registration certificate, life time tax and other documents which are required to ply the aforesaid motorcycle on road within one month from this date or they shall refund Rs.76,000/- with interest @ 9% per annum from the date of 03.10.2018 to till the date of actual payment in favour of the complainant and to take back the aforesaid motorcycle from the complainant.
OP No. 1 and 2 jointly or severally are directed to pay Rs. 10,000/- to the complainant as compensation within one month from this date failing which complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to both the parties as free of cost.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
We concur,
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MEMBER MEMBER
(NIROD BARAN ROY CHOWDHURY) ( MILLIKA SAMADDAR)
