West Bengal

Paschim Midnapore

CC/52/2015

Sri Bibhuti Bhusan Pradhan - Complainant(s)

Versus

Agro Service Centre - Opp.Party(s)

Mr. S. K. Dasmal

31 Jul 2015

ORDER

                                                        DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President and

  Kapot Chattopadhyay, Member.

                                              

Complaint Case No.52/2015

                                                        

Sri Bibhuti Bhusan Pradhan……………….………Complainant

Versus

Authorised Signatory, AGRO SERVICE CENTRE…………..Opp. Party.

 

 

 For the Complainant : Mr. Swapan Kumar Dasmal, Advocate.

 For the O.P.                : 

 

Decided on: - 31/07/2015

                               

ORDER

         Bibekananda Pramanik, President-Facts of the case, in brief, is that the complainant is a cultivator and in order to facilitate progressive method of his personal cultivation work, he purchased from the OP. No.1, dealer of Kartar-3500, self protected combine Harvester with all standard accessories at a price of Rs.13,60,000/-  on 20/05/2013 and the OP-No.1 made delivery of the said Harvester  at the house of the complainant  through his men under chalan no. B-200 dated 01/05/2013 duly financed by and hypothecated to the Op. No.3.  At the time of purchase, the Op. No.1, an authorized dealer of Op. No.2, undertook to make permanent registration of the said Harvester in the name of the complainant and he also took additional charges for the same without issuing any sale certificate, R.C. Book, Tax token for the said Harvester. Till date, the complainant neither got R.C. Book and Tax token nor the said Harvester has yet been registered for which the complainant has been compelled to pay ¾ times fine for non-registration of the same.  It is stated that the Op No.1 took extra Rs.70,000/-  for costing including  registration charges and insurance fees etc. Complainant is unable to serve his purpose and to do any work with the said Harvester for lack of registration, R.C. Book, Tax token and insurance certificate. For such deficiency in service

Contd…………..P/2

 

                                                                            -(2)-

and breach of trust as well as unfair trade practice by the Op.  No.1, the complainant has already incurred a loss of Rs.5,00,000/-. Complainant approached several times before the Op. No.1 for delivery of necessary sale certificate, R.C. Book, Tax token etc.  but he did not pay any heed to such request  even after receipt of  lawyer’s notice dated 08/01/2015. Hence, the complaint, praying for an award of Rs.5,00,000/-  towards loss and Rs.5,00,000/- for damages, compensation etc. and for an order directing the Op No.1 to deliver sale certificate and other documents to the complainant.  

                         In-spite of service of notice of this case, Op. No.1 and 3 did not appear. Although the Op. No.2 submitted a written reply but no vokalatnama was filed and none appeared on behalf of Op. No.2. Hence, the ex-parte hearing.

                        In support of his case, the Complainant has produced all necessary documents showing purchase of the said Harvester including the copy of sale certificate, bank statements and copy of lawyer’s notice. Neither the Op. No.1 nor the other Ops. appeared to challenge those documents and case of the complainant.  In view of that, the case of the complainant remains unchallenged and he is therefore entitled to the reliefs, as prayed for.           

                                          Hence, it is,

                                                Ordered,

                                                                      that the case be and the same is allowed  exparte against the Op. No.1 with cost and dismissed ex parte against the rest without cost.  Op. No.1 is directed to pay Rs.10,00,000/- towards loss, compensation and damage to the complainant and to deliver sale certificate of the said Harvester machine, R.C. Book, Tax token to the complainant within a month from this date of order.

Dictated & Corrected by me

              Sd/-                                               Sd/-                                              Sd/-

         President                                        Member                                        President

                                                                                                                 District Forum

                                                                                                               Paschim Medinipur