West Bengal

South 24 Parganas

CC/466/2015

Sri Nirmalendu Halder. S/O Late Nirapada Halder. - Complainant(s)

Versus

1. To the Concerned Authority. Rajesh Kumar and Co. Goyenka Enterprise. - Opp.Party(s)

02 Feb 2017

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _466_ OF ___2015__

 

DATE OF FILING : _15.12.2015__                 DATE OF PASSING JUDGEMENT: 02/02/2017

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :     Smt. Sharmi Basu  &   Subrata Sarker

                                                                             

COMPLAINANT             :     Sri Nirmalendu  Halder ,s/o late Nirapada Halder, Village-Horekrishnapur, P.O-Yearpur, P.S. Usthi, South 24-Parganas, Pin-743513.

 

-VERSUS  -

 

O.P/O.Ps                            :  1. The Concerned Authority, Rajesh Kumar & Co. Goenka Enterprise, Amtala N.D Road, Post-Kanyanagar, P.S. Bishnupur, South 24-Parganas, Pin – 743503

                                               2.     Pravin Enterprises of 41, N.S Road, 3^rd floor, Room no.307, Kolkata -700 001.

_______________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

Sri Subrata Sarker, Member          

This is an application under section 12 of the C.P Act 1986 filed by the complainant on a ground that he purchased a vehicle being no.WV-20A-7602 from M/s Pravin Enterprises in a hire purchase scheme being financed by Rajesh Kumar & Co. Goenka Enterprise. Complainant stated that he has repayed the entire amount but the O.P did not hand over the Blue Book of the said vehicle to the complainant till the date of complaint. The complainant contacted the O.P personally for several times for the Blue Book, but all are in vein. Even the complainant lodged a complaint to the Asstt. Director , Grievance Cell of Consumer Affairs Department but they also failed to resolve the dispute.

The O.P-2 , from where the vehicle was purchased , has not appeared and did not contest the case . O.P-1 contested the case filing BNA.

Point of decision is whether there is any deficiency in service or unfair trade practice on the part of the O.Ps.

                                                                        Decision with reasons

Complainant submitted a statement of O.P-2 ,wherefrom he purchased the vehicle. It is seen that the price of the said vehicle is Rs.19,100/- of which complainant made a down payment of Rs.5,600/- and the balance amount was Rs.16,200/- including Rs.2,700/- as second year insurance charge. The balance amount was payable in 11 monthly installment of which first installment was Rs.1500/- and 10 installment of Rs.1470/- each.

It is evident from the money receipt filed by the complainant that he paid total amount of Rs.14,750/- with effect from 28.8.1998 to 21.6.1999. Therefore, an amount of Rs.1,450/- is till due for payment for which it is,

                                                                        Ordered

That the complaint case is allowed against the O.p-1on contest and  in ex-parte against the O.P-2 . .

Both the O.Ps are directed to take necessary action to refund the Blue Book to the complainant subject to the condition that he will pay the balance amount of Rs.1450/- .

No cost is imposed upon the O.Ps as the complainant did not pay the entire amount. But if the O.Ps do not return the Blue Book to the complainant after getting the amount of Rs.1450/- lying due, within 15 days after receiving the due amount then they shall have to pay jointly and/or severally the litigation cost of Rs.5000/- to the complainant.

It may be mentioned here that if the O.Ps failed to comply the above order then the complainant is at liberty to execute the order through this Forum.

 

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.Ps through speed post .

 

Member                                   Member                                                                                   President

Dictated and corrected by me

 

                        Member

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

           

Ordered                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  

That the complaint case is allowed against the O.p-1on contest and  against the O.P-2 in ex-parte. .

Both the O.Ps are directed to take necessary action to refund the Blue Book to the complainant subject to the condition that he will pay the balance amount of Rs.1450/- .

No cost is imposed upon the O.Ps as the complainant did not pay the entire amount. But if the O.Ps do not return the Blue Book to the complainant after getting the amount of Rs.1450/- lying due, within 15 days after receiving the due amount, then they shall have to pay jointly and/or severally the litigation cost of Rs.5000/- to the complainant.

It may be mentioned here that if the O.Ps failed to comply the above order then the complainant is at liberty to execute the order through this Forum.

 

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.Ps through speed post .

 

Member                                   Member                                                                                   President