DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. NO-66/2019
Date of Filing: Date of Admission: Date of Disposal:
25.02.2019 06.03.2019 20.01.2020
Complainant/s :- 1. Rantidev Chattopadhyay, S/o Ranjit Chattopadhyay, Residing at 33 B/2, R.K. Chatterjee Road, Biva Apartment, P.O.- Naihati, Dist:- North 24 Parganas, Pin-743165, P.S. Naihati
=Vs=
Opposite Parties:- 1. The Manager, Naihati Automobile,
Bora, Talikhola, (Near Saheb Colony More), P.O. Mamudpur, Naihati, Dist.- North 24 Parganas, Kolkata – 743166, P.S.Naihati.
2. The Manager,
Bajaj Auto Ltd., Mumbai-Pune Road, Akurdi, Pune, Maharastra-411035,India.
P R E S E N T :- Sri. Karna Prasad Burman………..…..President.
:- Sri. Subhas Chandra Chakraborty……Member.
:- Smt. Monisha Shaw ……………………….Member.
Judgment
Fume of grievance was initiated by the manager Naihati Automobile herein the opposite party No. 01 as he is negligent to his customer herein the complainant in performing M.V. registration of the Bajaj Pulsar motor cycle sold on 09.04.2018.
The complainant in brief expresses that the complainant purchased motor bike model Bajaj Pulsar 220, Chassis No. MD2A13EY2ZCKO1314, Engine No. DKYCJKO1271, Key No. 2702, Color – KHIEBBIK, at a consideration price of Rs. 1,13,798/- on 09/04/2018 from the OP’s shop. The OP promised to provide all necessary documents such as One Time Registration, Tax Token, Vehicle No., Blue Book etc. of the said motor cycle in favour of the purchaser herein the complainant within a very short period. But the OPs have taken no pain to fulfill their promise. The complainant first knocked at the door of Consumer Affairs Directorate, Barrackpore Regional Office for solving his problem through mediation. The said office in their note to the present complainant filed as document (kept in record) vide memo no. 1078/DCA & FBP/BKP/18 dated 24/09/2018 had mentioned the non response and non-cooperation on the part of the present OP. So the complainant has been obliged to lodge this complaint for adjudication of his redressal U/s 12 of C.P. Act, 1986 with a prayer to direct the OP(s) to provide all the documents as promised and also a compensation of Rs. 20,000/- alongwith a litigation cost of Rs. 5,000/-.
The OPs though received the summon on 16/03/2019 and 19/03/2019 respectively but cared a fig to respond to the summon as they have paid a deaf ear to the notice of the O/o the A.D., Dte. of CA & FBP, Barrackpore Region in case no. 120/CICC/BKP/18-19. So the instant case proceeded ex-parte against the OPs.
Contd. to Page No. 02
Page No. 02
C. C. NO-66/2019
The Ld. lawyer for the complainant on argument stated that deviation from the promise is an willful departure seeded with negligence and deficiency to service on the part of the OP to the complainant. He has also argued that due to negligence and deficiency on the part of the OP the
complainant cannot enjoy the benefit of the said purchased vehicle. So he prayed for redressal of the complainant as sought for in the complaint.
Considering the above pleadings as well as nature and character of this case the following points are necessarily come out for consideration to reach just decision of the case:-
Is the Complainant a consumers U/S 2(1)(d)(ii) of the consumer Protection Act,1986?
Has this Forum jurisdiction to entertain the instant case?
Have the OPs any deficiency in service as alleged by the Complainant?
To what other relief/reliefs the Complainant is entitled?
Decision with Reason
Considering the facts and circumstances as well as nature and character of this case all the points are interlinked to each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.
The copies of the money receipts and challan filed by the complainant proved the consumer status of the complainant.
The complainant resides under P.S. Naihati and the OP No. 01 is situated under the same P.S. within same district North 24 Parganas and the claim amount does not exceed the pecuniary limit of this Fora. As such this Fora has both territorial and pecuniary jurisdiction to try this case.
Deficiency in service on the part of the OPs is crystal clear here by the way that they have neglected not only the consumer by non-taking steps for Registration & issuance of Blue Book etc. but also by ignoring the notice of the Asst. Director, CA & FBP, Barrackpore Regional Office and also the summon of this forum.
Reliefs prayed for are to be considered except the claim of the litigation cost as the case is conducted by the authorized CAB of Consumer Affairs Department.
Thus all the points are disposed of accordingly.
It is also observed that the OPs do not provide proper bill of purchase as the documents like money receipt filed by the complainant shows only the total amount received and the challan also filed as evidence shows description of the vehicle and different spare parts. It seems the OPs are engaged in evasion of tax paid by the purchaser to the government.
In view of the above discussion it is ordered:-
The OP No. 01 is directed to provide One Time Registration, Tax Token, Vehicle No., Blue Book etc. of the said motor cycle to the complainant within 45 days from the date of this order.
The OP No. 01 is further directed to pay Rs. 5,000/- as compensation to the complainant for causing mental harassment and agony.
Failing to comply with the order by the OP No. 01, the complainant is at liberty to suit for execution of this order as per law and in that event the complainant will be entitled to 8% interest on the decreed compensation amount of Rs. 5,000/- p.a. from the date of filing of this case from 25/02/2019 till realisation of this amount.
The case succeeds ex-parte with compensation amounting to Rs. 5,000/- in favour of the complainant.
Let the plain copy of this order be supplied to the parties free of cost as per the provision of the CPR, 2005.
Dictated & Corrected by
Subhas Chandra Chakraborty
Member Member President
