DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK

Dated the 6^th day of August, 2019

C.D Case No. 75 of 2017

                                                   Present 1. Shri Raghunath Kar, President

                                                                2. Shri Basanta Kumar Mallick, Member

                                                                3. Afsara Begum, Member

Manoranjan Rout

S/O Late Rabindra Kumar Rout,

Vill- Ramachandrapur,

Po- Kulana,

Ps- Bhandaripokhari,

 Dist- Bhadrak                                                     

                                        ……………………. Complainant

            (Versus)

Deepak Kumar Behera

S/O Late Bairagi Behera,

Owner of the Winner and Authorized dealer of Mahindra Tractors, sales Service and spares.

At- NH-5, Nalanga, Gelpur, Bhadrak,

Now at present residing At- Plot No- 2706, Brit Colony, Po/Ps- Badagada, Bhubaneswar Municipality, Dist- Khurda- 751018

                                                …………………………..Opp. Parties

Counsel For Complainant: Sri N. Sahoo, Adv

Counsel For the OP: Ex-parte

Date of hearing: 28.03.2018

Date of order: 06.08.2019

BASANTA KUMAR MALLICK, MEMBER

This dispute arose out of a complaint filed by the complainant alleging deficiency of service against OP.

The facts of the complaint are to effect that the complainant is the permanent resident within the jurisdiction of this Forum and being an unemployed young man, wanted to have a combine harvester with the financial support of the financing agency in order to earn his livelihood and to maintain his family with the income to be generated from the said combine harvester. Accordingly he approached the OP for a quotation of “Arjun Combine Harvester” who advised him to obtain from the Agriculture Departmental Authorities assuring to provide him subsidy admissible under the prevailing scheme and accordingly the Govt. in Agriculture Dept. issued a permit in favour of the complainant. After getting permit from the Govt., OP being the authorized dealer of “Mahindra and Mahindra Make Tractor Mounted Balkar 605 Arjun Combine Harvester” insisted upon the complainant to avail the credit support from Mahindra Company and instructed him to deposit a sum of Rs 6,00,000/- as down payment. Accordingly the complainant made a part payment of Rs 1,00,000/- on dt. 19.02.2016 to OP as against which the complainant has received the money receipt bearing No. 40 and few days after that is on dt. 28.02.2016 the complainant has also paid a sum of Rs 3,30,000/- vide money receipt No. 142, the total of which comes to Rs 4,30,000/- as against the down payment of Rs 6,00,000/-. The residual amount remained unpaid with a promise of the complainant to make payment at the time of the delivery of harvester. Since then the complainant has been repeatedly requesting the OP to make delivery of the harvester which could not be delivered till the date of filing of the case. Almost all the efforts of the complainant either to take delivery of the harvester or to get back the deposited amount but the OP did not respond to the request of complainant and all of a sudden disappeared from the business place and also closed down the business. Such action of the OP amounts to deficiency of service and unfair trade practice. The complainant, finding no alternative, filed the dispute for proper adjudication praying for a direction to OP for refund of the money with interest cost & compensation.

OP, although received the notice issued by this Forum, did not prefer either to appear before the Forum or to submit written version in his defense and after elapse of four consecutive dates for submission of written version from the date of receipt of notice, the OP was set ex-parte in due course.

The complainant has submitted the letter issued by the Directorate of Agriculture and Food Productions Bhubaneswar as a token of permission for granting subsidy admissible to the entrepreneurs, the quotation obtained from Mahindra and Mahindra Financial Services and two money receipts vide No. 40 & 142 issued by the OP against down payment.

Since the allegations of the complaint are neither challenged nor objected by the OP and proved by the above documents, this Forum has no alternative other than to believe that the facts narrated in the complaint are true and correct. Under such a situation the OP is found deficient in providing required service to the complainant entitled to get and resorted to unfair trade practice. Hence the OP is liable to compensate the loss sustained by the complainant and to refund the amount deposited by him towards down payment with interest.                  

6698606. ORDER

The complaint be and the same is allowed ex-parte against the OP. The OP is directed to pay back the amount of Rs 4,30,00/- together with interest @ 10% P.A from the date of receipt of the amount and Rs 10,000/- as compensation for mental agony and harassment along with Rs 5,000/- towards cost of the litigation. This order must be complied within a period of 30 days from the date of receipt of the order failing which additional interest @ 11% shall be charged on the ordered amount other than cost of litigation with effect from the date of order till the date of payment.

This order is pronounced in the open Forum on this day of 6^th August, 2019 under my hand and seal of the Forum.