Smt. Sangita Paul, Member
This is a case filed by Shri Sanjoy Naskar S/o. Badal Naskar of Vill & P.O. – Chak Paran Kantakhali, P.S. – Mograhat, Dist. – South 24 Parganas, Pin – 743 610 against Abdul Hamid Sheikh with a prayer for a direction upon the OP to deliver the said Auto along with all papers or refund the said money, which was paid by the complainant amounting to Rs.2,02,000/- along with interest @15% p.a. to the complainant, to pay Rs.1,00,000/- to the complainant for their harassment and suffering from mental pain and agony and financial loss.
OP is Abdul Hamid Sheikh, Proprietor of Friends Motors & Electronics, Vill – Alipore, P.O. – Surjapur Hat, P.S. – Baruipur, Dist. – South 24 Parganas.
The complainant, by filing this case states that being satisfied and allured by the representation of the said OP and relying on the terms and conditions, the complainant agreed to purchase an Auto Rickshaw. The number of seat is four, it is a three-wheeler vehicle, passenger vehicle and run by LPG only. The auto can ply in the region of 24 Parganas (South). The complainant bought the Auto for his livelihood and self employment. The OP asked the complainant to apply for offer letter from Govt. of West Bengal, O/o. State, Regional Transport Authority, Alipore RTO and the complainant applied for the same. The Regional Transport Authority, Alipore granted a permanent contract carriage permit (Auto Rickshaw Cab) in his favour for 5-years vide office / memo no:WB/19/CC/OL/2018/817 on 04.10.2018. Thereafter, the complainant went to the OP to complete the rest of the process as promised by the OP. The OP had given the chessis No:005107 and asked the complainant to pay Rs.2,02,000/- (Rupees two lakhs two thousand) only to the OP to purchase the said vehicle on 23.11.2018, cash memo no:being 224. The complainant paid Rs.2,02,000/- vide cheque no:005107 of Allahabad Bank to the OP. The OP told the complainant to visit after few days. In the meantime, the OP would complete the rest of the process and hand over the said auto to the complainant. Thereafter the complainant visited the OPs place for several times, but the OP did not deliver the Auto. The OP deferred the date of delivery on various pleas. Ultimately the OP did not hand over the said Auto. The complainant paid Rs.2,02,000/- only. Thereafter on 09.05.2019 the OP declared that he would hand over the said Auto along with all papers I/D he would return the money along with interest. But the OP did not keep his promise which was stated on the non-judicial stamp paper. On 15.07.2021, the OP sent a letter to the complainant. But the OP did not reply. The complainant lodged a complaint before the Assistant Director, Consumer Affairs and Fair Business Practice, South 24 Parganas, Regional Office at Baruipur on 31.01.2022. But the mediation failed.
That the cause of action arose on 27.11.2018, i.e. the date of purchase of the said Auto and on 09.05.2019 i.e. W/V on Rs.10/- non-judicial stamp paper and on 15.07.2021 that the complainant sent a letter to the OP and 31.01.2022 i.e. the complainant filed a complaint before CA & FBP at Baruipur and it is still co ntinuing. Hence, the complainant prays for directing the OP to deliver the said Auto along with all papers or to refund the said money which was paid by the complainant i.e. Rs.2,02,000/- along with simple interest @ 15% p.a. to the complainant for their harassment and suffering from mental pain and agony and financial loss.
The OP on a non-judicial stamp paper states that he received Rs.2,00,000/- from the complainant. But the OP could not deliver the said three wheeler LPG Auto. The OP further states that he would deliver all the relevant papers to the complainant by 23.06.2019. Otherwise he would refund the whole money with interest by 24.06.2019.
The complaint was filed on 23.05.2022 and the case was admitted on 03.06.2022. On 08.08.2022 the OPs did not file W/V as the statutory period for filing W/V has already been expired, the instant case proceeded ex-parte against the OP. Argument was heard on 17.11.2022. Accordingly, we proceeded for giving judgement.
Points for consideration :-
- Is the complainant, a consumer?
- Is the OP guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
Decision with reasons :-
Point No.1:-
On perusal of documents and records, it appears that the complainant was desirous of purchasing a three wheeler Auto for maintaining his livelihood, and self-employment. The complainant got a permanent contract carriage permit (Auto Rickshaw Cab Permit) for 5-years. The complainant paid Rs.2,02,000/- to the OP vide cheque no:005107 of Allahabad Bank. The cheque was cleared on 28.11.2018 in favour of the OP. As the OP paid for the Auto Rickshaw he is a consumer U/S 2(7) of the Consumer Protection Act, 2019.
So, the 1st point is decided in favour of the complainant.
Point No.2:-
The OP Abdul Hamid Sheikh is the proprietor Friends Motors & Electronics. The OP asked the complainant to apply for offer letter to the Govt. of West Bengal. The Govt. applied for the same. On 03.10.2018, the Regional Transport Authority, Alipore granted a permanent contract carriage permit in favour of the complainant for 5-years. The complainant was permitted to ply the Auto Rickshaw from Jhinkirhat to Sirakole via Sherpur More. Afterwards, the complainant went to the OP to complete rest of the formalities. OP gave the chessis no:005107 and asked the complainant to pay Rs.2,02,000/- (Rupees two lakhs and two thousand) only vide cash memo no:224 dated 27.11.2018. The complainant paid the said amount through a cheque of Allahabad Bank and the cheque was cleared on 28.11.2018 in favour of the OP. After receiving the money, the OP told the complainant to visit after few days. By that time the OP would complete the said formalities and hand over the said Auto to the complainant. Thereafter the complainant went to the OPs place for several times and OP assured to submit the said auto to the complainant. The complainant went to the OPs place for many a time, but the OP did not pay any heed to the complainant’s request. The OP failed to deliver the said Auto to the complainant. Neither the OP gave the vehicle nor did he refund the amount. It appears that OP is deficient in providing proper service to the complainant. The OP did not pay heed to the complainant’s request. The Act of the OP is an example of deficiency in service and unfair trade practice.
Hence, the 2nd point is settled in favour of the complainant and against the OP.
Point No:3:-
The complainant intended to purchase a three wheeler from the OP. The complainant required a permit. The RTO gave permit for five years vide offer /memo no.WB/19/CC/OL/2018 dated 03.10.2018. The OP gave a chessis no:005107 and asked the complainant to pay Rs.2,02,000/- through the cheque of Allahabad Bank on 27.11.2018 and the cheque was encashed on 28.11.2018. But the complainant was deprived of getting delivery of the said Auto. The complainant went to the OP’s place quite a number of time, but in vain. The said three wheeler was not received by the complainant. The complainant faced financial loss. On a non-judicial stamp paper, the OP stated that he would deliver the Auto on 23.06.2019, otherwise he would refund money. The complaint was filed on 23.05.2022. The OP did not deliver the Auto even after three years. Finding no other way, the complainant lodged the case. The complainant spent time in mental pain and agony. The complainant faced sufferings. Neither did he get the desired three wheeler Auto for maintaining his livelihood nor did he get the money back. The OP made breach of contract.
Hence, the complainant is entitled to get relief as prayed for. So the 3rd point is decided in favour of the complainant and against the OP.
In the result, the complaint case succeeds.
Hence, it is,
ORDERED
That the complaint case be and the same is allowed ex-parte against the OP with cost of Rs.10,000/- (Rupees Ten Thousand).
That the OP is directed to deliver the said Auto to the complainant by fulfilling the required formalities within 45 days from the date of this order or that the OP is directed to refund the amount of Rs.2,02,000/- along with simple interest @10% per annum w.e.f. 27.11.2018 to the complainant within 45 days from the date of this order.
That the OP is directed to pay compensation to the tune of Rs.50,000/- (Rupees Fifty Thousand) to the complainant for deficiency in service, mental pain and harassment suffered by the complainant within the stipulated period of 45 days.
That the litigation cost of Rs.10,000/- (Rupees Ten Thousand) is to be paid within 45 days from the date of this order.
The complainant is at liberty to put the order into execution if the orders are not complied with within 45 days from the date of this order.
Let a copy of the order be supplied to the parties concerned free of cost.
That the final order will be available in the website namely www.confonet.nic.in.
Dictated and corrected by me.
Member
