Ld. Advocate(s)
For Complainant: Patanjal Lahiri
For OP/OPs : None
Date of filing of the case :11.02.2022
Date of Disposal of the case : 10 .08.2023
Final Order / Judgment dtd. 10.08.2023
Complainant above name filed the present complaint u/s 35 Consumer Protection Act 2019against the aforesaid OPs and praying for direction to the Ops to provide necessary documents relating to registration of motor cycle, compensation amounting to Rs. 1,00,000/-, litigation of cost amounting to Rs. 25,000/- and other reliefs. He alleged that he had purchased one motor cycle from OP no. 1 and paid RS. 56,300/- as on road price. But till date Op did not provide the necessary documents in favour of the complainant.
Hence, the complainant files this case.
On perusal of the record we find the case is running ex-parte against OP no. 1,2,4, and 5 vide order dtd. 13.07.2022.
OP no. 3 appeared in this record and filed W/V. He denied the entire allegations and further contended that complainant took one vehicle on loan from them on 24.02.2019 amounting to Rs. 56,300/-
Complainant is making repayment of the said loan regularly and he lastly made payment up to April 2022 but at present complainant is not paying any amount. Presently, Rs. 5099/- has become due in the said loan account. He prayed for dismissal of the case.
TRIAL
During trial complainant filed affidavit-in-chief . OP no. 3 filed some questionnaire and complainant gave answer.
DOCUMENTS
- Letter issued by Balai Baisnab addressed to the Manager of the Authorised Dealer Of T.V.S Motors Company Ltd. ( one sheet .... Xerox )
- One advocate letter issued by Ld Adv. Mr. Patanjal Lahiri addressed to the Manager of the Authorised Dealer Of T.V.S Motors Company Ltd. dtd. 14.06.2021.( two sheet.... Xerox) .
- One advocate letter issued by Ld Adv. Mr. Patanjal Lahiri addressed to the Regional Transport Authority Nadia Administratite Building . dtd. 07.07.2021.( two sheet.... Xerox).
- Notice of Gobrapota Khanpur S.K.U.S. Ltd dtd.09.09.2021. (one sheet .... Xerox).
- Transport department fee receipt dtd. 09.08.2021 ( one sheet .... Xerox ).
- Application reference slip dtd. 09.08.2021.
- Letter issued by Ld. Adv. Subinay Ghosh addressed to Ld. Adv. Patanjal Lahiri dtd. 22.07.2021( two sheet... Xerox ).
- Copy of road challan dtd. 24.12.2019. ( one sheet .... Xerox).
- Copy of payment of Gobrapota Khanpur S.K.U.S. Ltd dtd 10.06.2021.
- Copy of voter card of Baishnab Balai .( One sheet ... Xerox).
- Copy of Aadhaar Card of Balai Baishnab. ( One sheet.... Xerox).
- Letter issued by Ld. Adv. Subinay Ghosh addressed to Ld. Adv. Patanjal Lahiri dtd. 16.08.2021.( three sheet... xerox) .
- One advocate letter issued by Ld Adv. Mr. Patanjal Lahiri addressed to the Manager dealer of T.V.S. Motors Company Limited of Rail Bazar, dtd. 12.07.2021.( two sheet.... Xerox).
- One legal notice issued by Ld. Adv. Mr. Patanjal Lahira addressed to the Manager Authorise dealer of T.V.S Motors Company Limited dtd. 09.08.2021. ( two sheet .... Xerox ) .
- Four postal receipts ( xerox copy).
BNA
Complainant filed BNA.
DECISION WITH REASONS
We have carefully gone through the petition filed by the complainant,W/V by OP no. 3, affidavit-in-chief filed by the complainant., documents on record, BNA filed by the complainant.
On perusal of the aforesaid affidavit-in-chief we find that complainant corroborated the allegation which he mentioned in the petition of complaint.
On perusal of the said affidavit-in-chief we find the complainant purchased one Motor Bike from the OP no. 1 and paid on road price of the said motor Bike amounting to Rs. 56,300/-. Out of which complainant paid cash of Rs.26,300/-. He took Rs. 30,000/- from OP no. 3 and paid the same in favour of the OP no. 1. By this way complainant paid the entire value of the Motor Cycle in favour of the OP no. 1 amounting to Rs. 56,300/-.
Said amount is the on road price of the said motor cycle as op no. 1 took on road price of the aforesaid motor cycle so he is duty bound to provide all the necessary documents in favour of the complainant which are required to ply the Motor cycle on road.
Moreover, as per Motor Vehicles Act OP shall provide all the necessary documents to the complainant but in the present case OP no. 1 after receipt of the on road price not yet provided those documents in favour of the complainant so that he could ply the motor cycle on road.
On perusal of the record we find that complainant is a consumer and OP is 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.
Accordingly, complainant 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 contest against the OP no. 3 and allowed ex-parte against the rests with cost of Rs. 3,000/- to be paid by OP no. 1, 2 and 4 in favour of the complainant.
OP no. 1,2 and 4 are directed to provide all the necessary documents in favour of the complainant relating to the aforesaid Motor cycle which are required to ply the motor cycle on road such registration certificate insurance policy, life time road tax pollution certificate etc within 45 days from this date or to refund Rs. 56,300/- along with interest @ 10 % per annum from the date of making payment to till date of actual repayment failing complainant shall have liberty to put this order into execution.
OP no. 1 and 2 jointly or severally are directed to pay Rs.30,000/- in favour of the complainant as compensation 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 cost.
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)
