- This is a petition filed by one Sikandar Ali (hereinafter referred as the petitioner) against Manager, Ashutosh Motors, Nagaon (hereinafter referred to as the opposite party) U/S/ 12 of the consumer Protection Act, 1986 praying for recovery of money, compensation and other reliefs..
- Fact and circumstances for filing of the aforesaid petition as narrated by the petitioner are as follows:-
The petitioner is a permanent resident of Village No.2 Borghuli under Ulani P.S. in the district of Nagaon Assam and on 26-07-2019, he purchased a TATA TEAGO vehicle from “ASHUTOSH MOTORS” under the loan cum Hypothecation vide contract No.5003153562 dated 02-07-2019 executed with TATA MOTORS FINANCE LIMITED. Further averment of the petitioner is that on 26-07-2019, he deposited the down payment of RS.50,000/-(Rupees Fifty Thousands)only to the Ashutosh Motors Authority and then, Ashotosh Motors handed over him a TATA TEAGO vehicle and also informed him that the monthly interest would be 6% but that was completely false and the monthly interest was 10%. The petitioner further stated that after 3 days of the delivery of the said vehicle to him, he could know that the Ashotosh Motors handed over him old manufactured vehicle(in the year od 2018) and when he informed the matter to the Ashotosh Motors, they assured him that the vehicle will be changed immediately. Further averment of the petitioner is that on last 11-09-2019, the Ashutosh Motors Authority took away the aforesaid vehicle from him by signing an agreement. The petitioner further stated that before purchasing the aforesaid vehicle, the Ashutosh Motors Authority inform the petitioner that there will be an offer of Rs.40,000/-but the Authority did not fulfil the same till date as they did not take the matter sincerely and due to the negligent on the part of the opposite party, the petitioner has to suffer financial constraints to purchase a new vehicle. Under the above premises, the petitioner prays for a direction from this forum to the opposite party to refund the cost of TATA TEAGO vehicle i.e. the down payment of Rs.50,000.00 deposited by him along with the cost of litigation and compensation as damage for the mental pain and agony suffered by him and further to close the loan account.
- On receipt of the notice, the opposite party did not appear and contested the proceeding by filing written statement. Hence, the case proceeded exparte against the opposite party.
- In course of exparte hearing, the petitioner submitted his evidence in affidavit of himself and also exhibited several documents.
- I have heard the petitioner.
- Perused the pleading and evidence on record.
7. On perusal of the evidence on record it appears that the petitioner as PW 1 adduced evidence that on 26-07-2019, he purchased a TATA TEAGO vehicle from “ASHUTOSH MOTORS” under the loan cum Hypothecation vide contract No.5003153562 dated 02-07-2019 executed with TATA MOTORS FINANCE LIMITED. Further evidence of the petitioner is that on 26-07-2019, he deposited the down payment of RS.50,000/-(Rupees Fifty Thousands)only to the Ashutosh Motors Authority and then, Ashotosh Motors handed over him a TATA TEAGO vehicle and also informed him that the monthly interest would be 6% but that was completely false and the monthly interest was 10%. The petitioner further deposed that after 3 days of the delivery of the said vehicle to him, he could know that the Ashotosh Motors handed over him old manufactured vehicle(in the year od 2018) and on last 11-09-2019, the Ashutosh Motors Authority brought back the aforesaid vehicle from his custody by signing an agreement of Surrender which the P.W.1 exhibited as Ext.1 but in spite of taking away the vehicle from, the opposite party has been harassing the petitioner for payment of the instalment amount. The petitioner as P.W.1 again deposed that the opposite party is liable to pay him Rs.2,50,000/- as cost of litigation and damage for mental pain and agony suffered by him including the down payment of Rs.50,000.00 paid by him. Thus, I find that the petitioner has prima facie succeeded to establish that there is a deficiency in service on the part of the opposite parties. That being the position, I am constrained to hold at present that the prayer made by the petitioner seeking a direction to the opposite parties to close the loan account of petitioner, refund an amount of Rs.50,000/- with interest, the cost of litigation and some amount as compensation. is required to be granted.
8. Accordingly, the prayer made by the petitioner U/S 12 of the Consumer protection is allowed ex-parte. Issue direction to the opposite parties to close the loan account of the petitioner, refund an amount of Rs50,000/- with interest @ 12% per annum from the date of order until realisation, Rs 2500/- as the cost of litigation and an amount of Rs.10,000/-(Rupees Ten Thousands) only as compensation to the petitioner forthwith.
Inform all the parties concern.
Given under the hand and seal of this forum, we signed and delivered this Judgment on this day of 3rd Day of January 2021.
