(1)
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
: SMT MALLIKA SAMADDAR MEMBER
: SHRI NIROD BARAN ROY CHOWDHURY MEMBER
Case No. CC/47/2021
COMPLAINANT :1. Sandip Das
S/O- Late Subhas Chandra Das,
B-1/368, Kalyani,
P.O. & P.S. Kalyani,
Dist. Nadia, Pin-741235.
V-E-R-S-U-S
OPPOSITE PARTIES / 1. a) B.N. Jaiswal
b) Nabin Jaiswal,
Proprietors of Bimala Motors
At 395 Kabi Guru Rabindranath Path,
P.O.- Kanchrapara, Dist. North 24 Parganas.
2. The Director
Honda Motorcycle & Scooter India Pvt. Ltd
Commercial Complex II, sector:49-50
Golf course Extension
Gurugram, Haryana 122018.
Ld. Advocate(s)
For Complainant: Subhasish Roy
For OP/OPs : None
Date of filing of the case :24.03.2021
Date of Disposal of the case :29.08.2023
(2)
Final Order / Judgment dtd.29.08.2023
Complainant above named filed this complaint against the aforesaid opposite party u/s 35 of the Consumer Protection Act, 2019 praying for refund of Rs.69,500/-, compensation amounting to Rs.4,00,000/- and cost of the case amounting to Rs.20,000/-.
He alleged that complainant purchased one Motor byke from the OP No.1and paid Rs.69,500/- which includes ex-showroom price of aforesaid two Wheeler plus document relating to Registration of the two Wheeler , Insurance, Road Tax and other documents.
OP NO.1 issued one receipt on 15.12.2019 and delivered the aforesaid two Wheeler having Chassis No.ME4JF50AJKA096542 & Engine No.JF50EA-0096330 & Key No. PG26.
But OP NO.1 did not provide the documents of the aforesaid vehicle in favour of the complainant. Hence the complainant filed this case.
On perusal of record, we find that case is running ex-parte against OP No.1(a) and OP NO.1(b) vide order dated 14.06.2023. Case is also running ex-parte against OP NO.2 vide order dated 31.01.2023.
Trial
During trial complainant filed affidavit in chief. He also filed certain documents.
Documents
Complainant filed the following documents.
- Original copy of Delivery Road Challan dated 15.12.2019.........(One sheet)
- Original copy of Money Receipt amounting to Rs.69500/- dated 15.12.2019.........(One sheet)
- Original Book of Owner’s Manual........(One Number)
Brief Notes of Argument
Complainant filed BNA.
Decision with Reasons
Complainant alleged in his affidavit in chief that, he had purchased one Motor byke from Bimala Motors and OP No.1(a) and 1(b) are the proprietors of said Bimala Motors.
On perusal of the original document dated 15.12.2019 filed by the complainant, we find that one Motor byke has delivered in favour of the complainant vide Chassis No. ME4JF50AJKA096542 & Engine No.JF50EA-0096330 & Key No. PG26.
(3)
On perusal of original money receipt dated 15.12.2019, we find that complainant paid Rs.69,500/- through cheque number 095769. Complainant stated in his affidavit in chief that aforesaid cheque has encashed by the OP Bimala Motors.
So, it is clear before us that complainant paid Rs.69,500/- in favour of the Bimala Motors and said Bimala Motors delivered the aforesaid Motor byke in favour of the complainant. Complainant filed affidavit in chief, which is nothing but unchallenged testimony. We do not find any reason to disbelieve the same.
In the aforesaid affidavit in chief , it has mentioned that aforesaid Bimala Motors took the aforesaid sum of Rs.69,500/- as on road price of aforesaid Motor byke including the cost of necessary documents which are required to ply the Motor byke on road but aforesaid Bimala Motors not yet provided the documents of the aforesaid Motor byke which are required to ply the Motor byke on road till date.
As per Motor Vehicles’ Act supplier of Motor byke shall arrange the necessary papers at the cost of the purchaser and shall provide the same in favour of the predecessor. But in the present case, it is the allegation of the complainant that aforesaid Bimala Motors not yet provided the necessary documents in favour of the complainant. Aforesaid Act on behalf of Bimala Motors that is on the part of OP No.1 (a) and 1(b) are nothing but deficiency in service.
On perusal of record, we find that complainant is a consumer and OPs are the service provider.
Having regard to the aforesaid discussion, it is clear before us that complainant has able to established his grievance by sufficient documents beyond reasonable doubt and 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 on ex-parte against the opposite parties with cost of Rs.5,000/- (Rupees five thousand) to be paid by OPs in favour of the complainant.
OP No.1(a), 1(b) and 2 jointly or severally are directed to provide all the necessary documents in respect of aforesaid Motor byke vide Chassis No. ME4JF50AJKA096542 & Engine No.JF50EA-0096330 & Key No. PG26, such as registration Certificate, Road Tax, Insurance Policy and other documents in favour of the complainant within 45 days from this day or OP No.1(a) to OP No.2 jointly or severally are directed to refund Rs.69,500/-( Rupees sixty nine thousand five hundred) in favour of the complainant within next 45 days from this day after taking back the aforesaid motor byke failing which complainant shall have liberty to put this order into execution.
(4)
OP No.1(a) to OP NO.2 jointly or severally are directed to pay compensation amounting to Rs.20,000/- (Rupees Twenty thousand) in favour of the complainant within 45 days from this day failing which 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,)
We concur,
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MEMBER MEMBER
(NIROD BARAN ROY CHOWDHURY) (MALLIKA SAMADDAR)
