| Final Order / Judgement | DATE OF FILING : 20-04-2015 DATE OF S/R : 06-01-2016 DATE OF FINAL ORDER : 03-11-2016 SRI MAHADEV SAMANTA, The proprietor of M/S K.B. Engineering Works Having its registered office at 51, Makardah Road, P.S. Bantra, Dist. Howrah ……………………………………….……….. COMPLAINANT. CONCORD AUTOMOBILES PVT.LTD being registered by its Director viz. Kishan Kumar Bhaniramka, having its registered office at NH6, Nibra, Salap II, District Howrah, PIN 711403. …………………………….…………………OPPOSITE PARTY. .P R E S E N T Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS. Hon’ble Member : Smt. Jhumki Saha. Hon’ble Member : Shri A.K. Pathak. F I N A L O R D E R - Complainant, Sri Mahadev Samanta, by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.p. to refund the full amount of the car being Rs. 6,82,209/- since 11/05/2012 with interest, to pay compensation of Rs. 5,00,000/-, litigation cost of Rs. 25,000/- alongwith other order or orders as the Forum may deem fit and proper.
- Brief fact of the case is that complainant paid the full amount of Rs. 6,82,209/- as per the offer price of the O.P. to purchase a car vide Annexures P1 and P2. But in spite of receiving the full amount from the complainant, O.P. did not deliver the vehicle to the complainant even after the lapse of few months. So, the complainant went to the office of the O.P. and requested them to return the said amount. And O.P. after few days issued one cheque amounting to Rs. 7,05,795/- in favour of the complainant. And on 31/10/2012, complainant came to know from his banker that the said cheque got dishonoured due to insufficient fund vide Annexure p3. So, complainant went to the O.P. and O.P. issued another cheque of Rs. 7,09,967/- on 22/11/2012 but it was also dishonoured on the same ground vide Annexure p4. Thereafter on 18/12/2012 , O.P. gave an undertaking to him that they would return his money by the end of December, 2012 vide Annexure p5. But they never handed over any amount to the complainant although they gave many assurances vide Annexure. Complainant made several visits to O.P.’s office vide Annexure, but no fruitful result came out. O.P. remained silent. So, the fact remains that the complainant did not get his deposited amount of Rs. 6,82,209/- till date and suffered a lot mentally, physically and financially. So, finding no other alternative, complainant filed this instant case with the aforesaid prayers.
- Notice was served upon the O.P. They appeared and filed any written version. Accordingly, the case was heard on contest against the O.P.
- Two points arose for determination :
i) Is there any deficiency in service on the part of the O.P. ? - Whether the complainants is entitled to get any relief as prayed for ?
DECISION WITH REASONS : - It is accepted by the O.P. that they received an amount of Rs. 6,82,209/- from the complainant towards purchase price of the vehicle in question . But it is their specific plea that the complainant went on changing the colour and model of the vehicle since the payment made. Thereafter by the order dt. 15/01/2013, Hon’ble High Court of Calcutta was pleased to admit one winding up petition filed by one creditor of the O.P. and finally by its order dt. 26/03/2013 , Official Liquidator sealed the registered office of the O.P. Again by an order dt. 24/04/2013, regular payment is being made by the O.P. but it has not yet got the possession of the registered office. So. there is no fault on their part as submitted by the O.P. and they prayed for the dismissal of the instant case. Here we take a pause. O.p took quite a big amount from the complainant in May, 2012 to deliver the vehicle in question. And if complainant went on changing the colour and model of the car, the O.P. would not have definitely given him a cheque amounting to Rs. 7,09,967/- on 22/11/2012 in place of Rs.6,82,209/- . So, it is crystal clear that O.P. could not make the delivery of the car in question to the complainant. Even they gave several cheques which were also dishonoured that caused tremendous mental agony and pain coupled with physical harassment and financial loss. Complainant could not utilize his hard earned money since May,2012. Moreover, complainant did not get his legitimate amount back till date. The organisation like O.P. should remember that the success of their business totally depends upon the consumer satisfaction. And the complainant, herein, is a proprietorship firm and engaged in engineering works and not running a vehicle buying or selling business. Accordingly, we hold complainant to be the consumer of the O.P. And O.P. did not perform their duties towards this complainant. So, we find O.P. to be deficient in service. And, it is a fit case where the prayers of the complainant should be allowed.
Hence, O R D E R E D That the C. C. Case No. of 151 of 2015 be allowed on contest with costs against the O.P. That the O.P. is directed to pay Rs.6,82,209/- to the complainant within 30 days from the date of this order. That they are further directed to pay to the complainant an amount of Rs.60,000/- as compensation and Rs.15,000/- as litigation costs. That the o.ps. are further directed to pay the entire amount of Rs.7,57,209 to the complainant within one month from the date of this order i.d., the aforesaid amount shall carry an interest @ 8% per annum till full realization. The complainant is at liberty to put the decree into execution after expiry of the appeal period. Supply the copies of the order to the parties, as per rule. DICTATED & CORRECTED BY ME. ( Jhumki Saha) Member, C.D.R.F., Howrah. | |
