DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS ,

AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

             C.C. CASE NO. 143_ OF ___2017

DATE OF FILING : 27.11.2017                              DATE OF PASSING JUDGEMENT: 26.03.2018

Present                      :   President       :     Ananta Kumar Kapri

                                        Member(s)    :     Subrata Sarker  & JhunAu Prasad                                                 

COMPLAINANT              :              Utpal Pal, son of Akshay Pal , Ramsaranpur, P.O
Sitarampur, P.S Kulpi, South 24-Parganas.

-    VERSUS  -

O.P/O.Ps                         :   1. Pradip Gharami, Proprietor of Star Automobile, son of Jatiram Gharami.

                                              2.  Jatiram Gharami, son of Chitu Gharami, Madhusudanpur, P.O Krishnanagar, P.S Mandirbazar, South 24-Parganas.Pin-743343.

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                                                            J  U  D  G  E  M  E  N  T

Sri Ananta Kumar  Kapri, President

     Briefly stated, the complainant’s case is that he purchased a Maruti Suzuki Car being no.WB 12 B 1611from one Anirudha Bhattacharya who purchased the same, having taken a financial help from Sriram Finance Company . But the car was taken over by the said Finance Company when default was made by Sri Bhattacharya in payment of installment to the said company and Finance
Company sold away the said car to the complainant. Complainant uses the said car exclusively for his family purpose, not for business. The car needed some repair and , therefore, the complainant delivered the same to the O.Ps for repair. He also paid Rs.62,000/-  to them as repairing charge. But the O.Ps did not cause any repair to the car nor did they return the car to the complainant. Hence, this case , praying for return of Rs.62,000/- along with compensation etc.

     The notice of the case was served upon the O.Ps but the O.ps have not turned up to contest the case and , therefore, the case is heard exparte against them.

     Upon the pleadings of the parties following points are formulated for consideration.

1.  Are the O.Ps guilty of deficiency in service by not causing the repair o the car of the complainant?
2. Is the complainant entitled to get relief or reliefs as prayed for?

EVIDENCE OF THE PARTIES

The complainant has filed evidence on affidavit along with documents which are kept in the record for consideration.

DECISION WITH REASONS

Point no.1 & 2 :-

The complainant has stated in his evidence that he entrusted the O.Ps for repair of his car and also paid Rs.62,000/- to them as repair charge. It is further stated by him that he entrusted them with the task of repairing the car on 21.7.2017 ; the car was also delivered to them on 21.7.2017 and they promised to deliver back the car to the complainant after repair within 24.7.2017. Since then, the O.Ps have not returned the car to the complainant ,nor have they returned the money paid to them by the complainant. All these are stated by the complainant in the affidavit in chief filed by him and all these evidences have remained un-rebutted.

Relying upon this un-rebutted evidence which we find no reason to disbelieve , we do hold that the complainant has been able to prove the deficiency in service o the part of the O.Ps especially when the O.Ps have not returned the car after repair within the time fixed by them.

The above points are thus answered in favour of the complainant.

In the result the case succeeds.

Hence,

That the complaint case be and the same is decreed exparte against the O.ps with cost of Rs.5000/-

The O.P nos. 1 and 2 ,who will remain jointly and severally liable to make payment to the complainant, are directed to return the vehicle to the complainant along with Rs.62000/-, which has been received by them from the complainant.

They are also directed to pay a sum of Rs.20,000/-as compensation for harassment and mental agony suffered by the complainant , to the complainant.

All the amounts as referred to above i.e amount of refund, compensation amount and the cost amount and also the car are to be returned to the complainant within a month of this order failing which all the above amounts will bear interest @12% p.a till full realization thereof.

Let a free copy of this order be given to the parties concerned at once.

                                                                                                                             President

We / I    agree.

                          Member                                          Member

 Dictated and corrected by me

                                  President