Ld. Advocate(s)
For Complainant: Tathagato Biswas
For OP/OPs : None
(2)
Date of filing of the case :04.04.2022
Date of Disposal of the case :23.02.2023
Final Order / Judgment dtd.23.02.2023
Complainant Nihar Ranjan Sarkar files the present complainant against the aforesaid opposite parties under section 35 of the Consumer Protection Act, 2019 alleging deficiency in service and prayed for direction to the opposite parties to hand over the documents relating to registration of vehicle, compensation amounting to Rs.2,00,000.00 (Rupees Two lakh) and cost of the case.
It is the allegation of the complainant that he had purchased one Scooter from the OPs and also paid the ex-show room price and all the expenses like registration fees, life time tax, Insurance and other documents of the Scooter.
Model of the said Scooter is Activa/5G DLX, BS-IV. Engine no.JF50EG1165785 and Chassis no.ME4JF50BMKG 165650. Said Scooter was purchased on 02.05.2020 from the OP No.1 and complainant paid Rs.84,000.00 as ex-showroom price. But OP No.1 did not provide number plate and other documents of the vehicle to the complainant as per his promise. Hence, the complainant files this case.
Thereafter complainant sent a legal notice to the OPs on 10.03.2022 but no response was received.
We find from the order no.4 dtd. 21.07.2022 that in spite of receipt of the notice, OP No.1 - 3 not yet appeared in this commission, nor filed W/V. Accordingly the case has proceeded ex-parte against them.
Trial
During trial complainant Nihar Ranjan Sarkar filed affidavit in chief and also filed certain documents.
Documents
Following documents have been produced on behalf of the complainant viz :
- Insurance Policy issued by Go Digit General Insurance Ltd. Date 30.07.2020...(One sheet)....(Computerised Copy)
- Money Receipt issued by Shoukat Ansari Pvt. Ltd. dtd.31.05.2020 amounting to Rs.24,200.00…..(One sheet)…..(Original)
- Money Receipt issued by Shoukat Ansari Pvt. Ltd. dtd.02.05.2020 amounting to Rs.30,000.00…..(One sheet)…..(Original)
(3)
- Money Receipt issued by Shoukat Ansari Pvt. Ltd. dtd.11.04.2020 amounting to Rs.30,000.00…..(One sheet)…..(Original)
- Cash Memo issued by Ansari Auto Centre dtd. 10.04.2020amounting to Rs.5037.00.........(One sheet).......(Original)
- E-mail of complainant to Customer Care dtd. 05.09.2021............(Two sheets)........(Net copy)
- E-mail issued by Honda @honda2wheelersind dtd. 06.09.2021 address to complainant............(One sheet)........(Net copy)
Brief Notes of argument.
Complainant in support of his case filed Brief Notes of Argument dtd. 16.12.2022.
Argument
Ld. Adv. for the complainant argued before this commission that complainant purchased the aforesaid Scooter from OP No.1 and paid Rs.84,000.00 (Rupees eighty four thousand) and took the delivery of the said Scooter. On that time OP No.1 gave assurance that he will give documents of the Scooter and number plate within one month but he did not give the same in favour of the complainant. He did not pay any heed in respect of the complaint lodged by the complainant before the OP No.3.
Decision with Reasons
It is the allegation of the complainant that he purchased the aforesaid Scooter from OP No.1 and paid Rs.84,000.00 (Rupees eighty four thousand) to him and took delivery of the Scooter with the assurance that he will give documents of the Scooter and number plate within one month but he did not give the same in favour of the complainant and he did not pay any heed in respect of the complaint lodged by the complainant before the Hero Honda Company through e-mail.
The present dispute relates to business transaction in between complainant and opposite parties. Present dispute also relates to the fact that OP No.1 gave assurance to provide necessary documents which are required to ply a Scooter on road but he did not provide the same in favour of the complainant.
From the aforesaid allegation of the complainant and considering the documents on record we are of the firm view that complainant is the consumer under the provision of Consumer Protection Act, 2019.
On perusal of document dated 31.05.2020, 02.05.2020, 11.04.2020, 10.04.2020 we find that complainant paid Rs.89,237.00 in respect of value of Scooter and arrangement necessary documents of the said Scooter.
(4)
On perusal of Insurance Policy we find that said document has issued in favour of the complainant relating to aforesaid Scooter mentioning the engine number and chassis number but number of the said Scooter has not been incorporated in the said document. So, it can be presumed that till the date of issue of aforesaid insurance policy i.e on 30.07.2020 number of the said Scooter was not arranged by the OP No.1.
As per section 41 of the Motor Vehicle’s Act, 1988, in case of a new motor vehicle, the application for registration in the state shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same state in which the dealer is situated.
OP NO.1 - 3 not yet appeared in this record so we could not know as to why they did not supply the documents of the Scooter and number plate in favour of the complainant.
Ld. Adv. for the complainant further argued before this Commission that without proper documents of the Scooter such as registration document, document relating to payment of tax of the Scooter it is not possible for the complainant to ply the aforesaid Scooter because it is the gross violation of Motor Vehicle Act, 1988. Due to non-supply of aforesaid documents by the OP NO.1 - 3 complainant is not in a position to use the aforesaid Scooter.
On perusal of Insurance Policy we find that said document was issued on 30.07.2020 where vehicle was delivered on 10.04.2020 as per the argument of the complainant. It is clear before this Commission that OP No.1 supplied the said document to the complainant after more than three months.
On perusal of complaint of the complainant to the OP No.3 through e-mail we find that OP No.3 gave an assurance that they were looking into the matter. But from the grievance of the complainant it is clear before us that OP No.1 - 3 did not take any steps to short out the grievance of the complainant.
The evidence of complainant i.e affidavit in chief of the complainant are nothing but unchallenged testimony and we do not find any reason to disbelieve the same.
Having considered the facts and circumstances of this case, evidence on records and documents on record we find that complainant has able to established that OP No.1 - 3 did not provide the documents of the vehicle such as registration documents of aforesaid Scooter, document relating to payment of tax and other documents which are necessary to ply the Scooter on road and the aforesaid act on the part of OP NO.1 - 3 are nothing but deficiency in service. Due to the aforesaid act of OP No.1 - 3 complainant not in a position to ply the aforesaid Scooter on road. As a result he sustained mental pain and agony and accordingly complainant is entitle to adequate amount from the OP No.1 - 3 as compensation.
(5)
So necessary direction should be given to OP No.1 - 3 for arrangement of aforesaid documents such as registration documents of aforesaid Scooter, document relating to payment of tax and other documents which are necessary to ply the Scooter on road.
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.1-3 with cost of Rs.3000.00(Rupees three thousands) to be paid by OP NO. 1 -3 in favour of the complainant.
OP No.1 - 3 jointly or severally are directed to arrange the documents of the aforesaid Scooter such as registration document, documents relating to payment of tax and other documents which are necessary to ply the Scooter on road within one month positively in default, OP No.1-3 are directed to refund the amount of Rs.89,237.00 (Rupees eighty nine thousand two hundred thirty seven) along with interest @ 9% per annum from 10.04.2020 to till the date of actual payment after taking delivery of the aforesaid Scooter from the complainant within next one month i.e within two months from this date of order failing which complainant shall have liberty to put this order into execution.
OP No.1-3 jointly or severally are directed to pay Rs.10,000.00(Rupees Ten thousands) to the complainant as compensation for his physical harassment and for his mental pain and agony within one month from this order failing which complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to the complainant as free of cost.
Let a copy of this order be sent to OP NO.1-3 for compliance.
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)
