Date of filing:-26/10/2017.

Date of Order:-25/07/2018.

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM(COURT)

B A R G A R H

Consumer Complaint No.51 of 2017.

Rabindra Kumar Sahu, aged about 40(forty) years, son of Golak Bihari Sahu, resident of Rajapada, Padampur, under P.s. Padampur, Dist. Bargarh Contact No. 943420330, 9937128711.                                                                                                        ..... ..... ..... Complainant.

-: V e r s u s :-

1. 1. 1. Krishna Automotive, Haldipali Chowk, NH 6 Bargarh, At/Po/Ps/Dist. Bargarh-768028.

      2. Mahindra and Mahindra Financial Service Ltd, Sambalpur.

..... ..... .....Opposite Parties.

Counsel for the Parties.

For the Complainant:- Sri S.P. Mahapatra, Advocate with other Advocates.

For the Opposite Party No.1(one) :- Exparte

For the Opposite Party No.2(two) :- Exparte

-: P R E S E N T :-

Sri Krishna Prasad Mishra ..... ..... ..... ..... ..... P r e s i d e n t.

Ajanta Subhadarsinee ..... ..... ..... ..... ..... M e m b e r(w).

Dt.25/07/2018 -: J U D G E M E N T :-

Presented by Ajanta Subhadarsinee, Member(w):-

The Complainant has filed this case U/s 12 of Consumer Protection Act 1986, against the Opposite Parties alleging deficiency in service and adopting unfair trade practice.

The brief fact of the case is that the Opposite Party No.1(one) and Opposite Party No.2(two) are the Krishna Automtive, Bargarh and the Mahindra and Mahindra Financial Service Ltd. Sambalpur respectively. On Dt. 15/05/2017 Opposite Parties have published an advertisement that a promotional offer upon the sale of BOLERO four wheeler vehicle with the name of Biggest Taxi offer benefit upto Rs.97,000/-(Rupees Ninety seven thousand)only on purchase till 31^st May 2017, in daily Odia news paper “SAMAJ”. The Complainant on impressed by such advertisement has purchased one BOLERO AC PLUS on Dt. 24/05/2017 finance by Opposite Party No.2(two) to earn his livelihood by making self employment. Then the Complainant approached the Opposite Parties verbally for the offer benefits for several times but the Opposite Parties refused to same by saying that they have not yet received any order to that regard. Lastly on Dt. 21/10/2017 the Opposite Party No.2(two) has refused the Complainant to grant any benefits in pursuance to such advertisement and as per his direction the Complainant has deposited Rs. 1,30,000/-(Rupees one lakh thirty thousand)only and the rest amount has been financed by the Opposite Party No.2(two).

These act of the Opposite Parties towards his consumer amount to deficiency in service. On the other hand the Complainant has suffered a loss, mental agony and physical harassment by the illegal act of the Opposite Parties for which the Complainant prayed for, to avail the benefit offer of Rs.97,000/-(Rupees ninety seven thousand)only, Rs.50,000/-(Rupees fifty thousand)only as compensation towards mental agony and harassment and Rs. 10,000/-(Rupees ten thousand)only for the cost of litigation by the Opposite Parties.

The Complainant has relied upon the xerox copies of the following documents to establish his case.

1. The money receipt vide challan No. KM/0828 on Dt. 24/05/2017 in favour of the Complainant.

2. The Original Daily Odia news paper SAMAJ Dt. 15/05/2017.

3. The Policy Schedule cum certificate of Insurance .

4. The Registration certificate of the said vehicle BOLERO PLUS AC 2WD.

Complainant got allowed being fit for adjudication as per the provision of the

Consumer Protection Act 1986.

The Opposite Parties duly noticed, SR back from them but they did not appear nor filed their versions till Dt. 05/02/2018 before the Forum. Therefore the Opposite Parties are set ex-parte and the date fixed for ex-parte hearing. Heard the matter from the advocate for the Complainant and posted for ex-parte order.

After careful scrutiny of the case it is found that to sell his product in the market the Opposite Party No.2(two) has given an advertisement on Dt. 15/05/2017 in an odia daily news paper “SAMAJ” regarding the Biggest Taxi offer benefits upto Rs.97,000/-(Rupees ninety seven thousand)only upon the New BOLERO PLUS, 9(nine) seater with power steering with attractive down payment of Rs. 19,999/-(Rupees nineteen thousand nine hundred ninety nine)only from Dt. 16^th to 20^th May 2017 at Krishna Automotive at Rourkela/Sundargarh/Sambalpur/Bargarh/Jharsuguda and the offer valid upto 31^st May 2017. Alluring on such advertisement the Complainant has purchased one BOLERO PLUS AC, PS from Opposite Party No.1(one), financed by Opposite Party No.2(two). The Opposite Party No.1(one) has issued a money receipt in that regard vide Challan No. 0828 Dtd. 24/05/2017. As per the Complaint petition even if several approaches made by him for the benefit offer they have defered the matter on some pretext. Lastly on Dt. 21/10/2017 as per the instruction of Opposite Party No.2(two), the Complainant has deposited Rs. 1,30,000/-(Rupees one lakh thirty thousand)only at the same time the Opposite Party No.2(two) refused to obey any promotional condition. But there are no such evidence available in the case record in this context.

The Opposite Party No.2(two) is a famous Automobile vehicle production Company and the business is running worldwide and it is also the duty of the Company to render proper service to it's Customer/Consumer as per his advertisement. By not providing the benefit offer to its consumer amount s to deficiency in service and adopting unfair trade practice. Again after getting the notice from the forum the Opposite Parties remain silent without giving any information showing that they have nothing to say about the case of the Complainant. On the other hand the petitioner has not filed any documents duly issued by the Opposite Parties regarding the offer except the advertisement in the news paper.

The Opposite Parties to counter the Complaint neither appeared nor submit any documentary evidence to disprove the case of the Complainant.

Hence it is concluded that the Complainant is a genuine consumer of the Opposite Parties under section 12 of the Consumer Protection Act 1986 and by not providing proper service to the Complainant. As per their advertisement published in the news paper the Opposite Parties are guilty of unfair trade practice for which they are liable hereunder.

Basing on the Complaint petition, evidences and documents available in record the forum ordered as follows :-

O R D E R

It is directed the Opposite Parties to pay Rs.30,000/-(Rupees thirty thousand)only to the Complainant for unfair trade practice and Rs. 3000/-(Rupees three thousand)only towards mental agony and harassment and Rs. 2000/-(Rupees two thousand)only towards litigation expenses caused to the Complainant. This order shall be carried out within thirty days from the date of order failing which the total amount will carry @10% (ten percent) interest per annum from filing of the case till the actual date of realisation of the amount.

Complaint allowed and disposed off accordingly.

Typed to my dictation

and corrected by me.

(Ajanta Subhadarsinee)

M e m b e r(w)                                           I  agree,

                                                     (Sri Krishan Prasad Mishra) 

                                                                 P r e s i d e n t.