In short, case of the complainant / petitioner is that he purchased a TATA INDICA Car vide Registration No. WB-38/R9779, Engine No. 475IDI05ATZP07358, Chassis No. 600142ATZP16036, Model Tata Indica V-2 for his personal use through auction on 24.09.2010 from the Family Credit Limited, Siliguri Branch (OP No.2) on consideration of Rs.1,08,600/-. As per information furnished by OP-2 the Authorised Officer Siliguri Branch, the said vehicle was owned by Mr. Vicky Kumar Prasad s/o Sitaram Prasad, Iskon Mandir Road, PS: Bhaktinagar, Siliguri and OP-2 issued a Sale Certificate in respect of the said vehicle in his favour (complainant) on last 5.10.2010. ‘No objection certificate’ addressing to the Registering Authority was also issued by the OP-2 on last 8.10.2010. It is alleged by the complainant in his petition of complaint that from the very beginning OP-2 Authorised Officer suppressed the condition of the vehicle as well as information regarding previous ownership of the said vehicle. After purchase he found that the various parts of the vehicle such as Dynamo, self starter, power steering kit etc. were missing. It is the further case of the  complainant that after purchase he went to the Registering Authority for registering the vehicle in his name, but it was found that the said vehicle in question was registered in the name of one Rafijul Mallick s/o late B. Mallick, Loco Rly Colony, Asansol, Burdwan (present address), Illambazar, Suri, Birbhum (permanent address) instead of Vicky Kr. Prasad as per information furnished by the OP-2. Due to such reason he is / was unable to register the vehicle in his name and also unable to ply the vehicle for want of proper documents. It is also case of the complainant that he informed  the above fact to the OP-2 by telephone as well as by e-mail, but he did not pay any heed. Ultimately, he sent an Advocate’s letter to the OP No.3 on last 14.5.2012 for taking necessary action, but no effect at all. Hence, he has filed the instant petition of complaint against the OPs due to their deficiency in service regarding registration of the vehicle with a prayer for getting reliefs.

                                                                                                Contd…P/3

                        Present case was heard on ex-parte against the OPs.

            To prove the respective case the complainant himself has been examined in this case as PW-1. In support of his case he has filed certain documents, which are lying with the record. The complainant has fully corroborated his case in his evidence as PW-1. We find nothing to disbelieve unchallenged evidence of PW-1 (complainant). So, case of the complainant is proved by his ex-parte evidence as    PW-1 coupled with the documents filed this case on his behalf.  Considering the facts and circumstances of the present case, we are of the view that it would meet the end of the justice, if we award a sum of Rs.25,000/- as compensation in favour of the complainant due to deficiency in service of the OPs regarding registration of the vehicle. 

            Hence, It is.

                                                O R D E R E D

            that the instant complaint u/s 12 C.P. Act, 1986, be and the same is allowed on contest against the OPs, but in the circumstances without any cost.

            The OPs are hereby directed to make an arrangement for registration of the vehicle in question vide Registration No. WB-38/R9779, Engine No. 475IDI05ATZP07358, Chassis No. 600142ATZP16036, Model Tata Indica V-2 in the name of the complainant Sandip Kumar Dey within a period of 45 days from the date of this order.

            All the OPs are jointly and severely directed to pay a sum of Rs.25,000/- (Rupees Twenty Five thousand) only as compensation to the complainant Sandip Kumar Dey by issuing an account payee cheque in his name within the aforesaid period, out of which the complainant shall deposit a sum of Rs. 5,000/- (Rupees Five thousand) only in the “ State  Consumer  Welfare  Fund ”

                                                                                                Contd…P/4

(A/c No. 0093000100310261) payable at P.N.B. Balurghat Branch, within 7 days from the date of receipt of cheque.

            Direction is also given to the all OPs to deposit the said cheque to this Forum within a period as mentioned above.

            Let plain copies of this order be furnished to the parties forthwith free of cost.