This is a case U/s 12 of the Consumer Protection Act, 1986 by the complainant praying for an order directing upon the O.P. to pay the sale price of Rs.6,90,000/- and repairing charges of Rs.2,77,000/-, total amount of Rs.9,67,008/- only in respect of  the vehicle of which chassis No.MAT426031A1D16399 claiming interest at the rate of 9% on the date of purchase of the vehicle i.e.25.05.2016 and  compensation of Rs.25,000/- for unnecessary harassment and mental pain and agony of the petitioner, litigation cost of Rs.5,000/- and  for other relief to the complainant.

 The fact of the case as mentioned in the petition as well as in the evidence is that the O.P.No.1 is a business concern dealing in various financial business and other business and the O.P.No.2 in the Branch Office of O.P.No.1. The business of the company is to deal in various cars vehicle for the purpose of loan in the locality.  The practice of the O.P is to seize vehicle as and when the borrower unable to pay the loan amount in various places in India. According to the practice the seized vehicle are resold to any person by the company who are interested to purchase the same as per rate of the financer. From the evidence it is found that the petitioner was interested to purchase a LPT.2515 vehicle of which Chassis No.MAT426031A1D16390 and Engine No.B591452001D62872737. The Petitioner participated the said sale program me at Calcutta office of the O.Ps in Green Inn Hotel, Calcutta. The petitioner purchased at the cost of Rs.6,00,000/- on 25.05.16 and he got money receipt to that effect. After payment the O.P handed over the same  vehicle bearing the same chassis and engine number and after purchase the petitioner repaired the vehicle at Ankit Motors, Karandighi and Ajoy & Ashoke Body Builders and Shankar Tyres at Karandighi at the cost of Rs.2,77,000/- . But the problem arose when the petitioner raised the Siliguri R.T.O Office for registration of the said vehicle. But the Siliguri R.T.O office informed the petitioner that the same chassis No. and engine No. has already been registered under R.T.O, Malda and the registration number of the vehicle is WB65B/4550 and the vehicle was plying on the road. Suddenly the R.T.O Siliguri refused to register the said vehicle. The petitioner also found that the said Chassis No. and Engine No. were also registered with the State of Orissa in the name of Chunmun Tiwari.

From the evidence it is found that the activities is played by the O.Ps are totally fraudulent trade practice and deficiency of service of the O.P/Finance Co. Thereafter he lodged the written complaint to the Calcutta office of the O.P. Later on the petitioner is also found that the O.P has already sold the vehicle bearing No.WBB/4550 to one Debasis Roy. It is found that the O.P has totally deprived the petitioner of his legitimate claim. As such the petitioner is entitled to refund of the sale price and repairing charges of the vehicle. On perusal of the record it is found that the evidence adduced by the petitioner is unchallenged. Considering the facts and circumstances of the case it is found that the petitioner is a consumer within the meaning of Consumer Protection Act. Also perused the documents filed by the petitioner before this Forum.  The claim of Rs.2,18,853/- (Rs.81,853/- + Rs.1,37,000/-) for repair is sustainable on the basis of the documents. The entire claim of Rs.2,77,000/- for repair is not tenable.

 Fees paid are correct. 

Hence it is,

ORDERED

That the complaint case being No.CC-15/2017 is allowed on ex parte against the O.Ps No.1 &2 jointly and severally.

We direct the O.Ps to refund the  amount of Rs.6,90,000/- ( Six Lacs ninety thousand only) for purchasing the vehicle in question and Rs.81,853/- + Rs.1,37,000/- =Rs.2,18,853/-( Rupees two Lacs Eighteen thousands Eight hundred fifty three) only for repairing, Totaling Rs.9,08,853/- ( Rupees Nine Lacs eight thousands eight hundred fifty three) only  with interest @ 4% per annum  from 25.05.2016 till realization of the amount  and to pay compensation of Rs.15000/- ( Rupees fifteen thousands) only and litigation cost of Rs.5,000/- ( Rupees five thousands) only to the complainant. The entire amount  to be paid  by the O.Ps within one month from the date of passing of this order, in case of failure  the complainant  may proceed according to law.

Let photocopies of this order be supplied to the parties free of cost.