Shri A.K. Chanda, Member.   

This is an application u/s.12 of the C.P. Act, 1986.

            The case of the complainant, in brief, is that he made advance payment of Rs.5,000/- to purchase one Maruti Suzuki Car Model Name DZIRE VXI to OP M/s. Dewars Garage Ltd.on 22-03-2011 by paying the initial booking amount.  It is stated by the complainant that he deposited the above Rs.5,000/- and promised to pay the balance consideration money as and when the said car is made ready for delivery and the engine and the Chasis No. is given to him.

            It is the specific case of the complainant that in spite of such promises to pay the balance money of the car at the time of delivery, the OP insisted/intimated him to deposit the entire sum at the first instance and there upon car shall be allotted to him which is contrary into a contract by and between them and, as such, he asked the OP for refund of his money.  But the OP did not pay any heed in the matter.  Hence, this case.

            The OP neither appeared nor filed written version in this case.  Hence, the case is heard ex parte.

            Now, the question is whether the complainant is entitled to get any relief as prayed for.

Decision with Reasons

It is alleged that the complainant deposited an amount of Rs.5,000/- as a consideration money to the Dewars Garage Ltd., the OP on 22-03-2011 for purchasing one Maruti Suzuki Car Model Name DZIRE XXI for his domestic use and duly filled in order booking form and promised to pay the balance consideration money to the OP at the time of delivery of the vehicle.  But in spite of that the OP/Dewars Garage Ltd., demanded full payment in advance prior to arrangement of the vehicle for delivery and, in such a situation, the complainant having been confused and knowing the ill reputation of the OP for non-delivery of the vehicle in due time, even after full payment to them, he asked the OP/Dewars Garage Ltd; to refund his money.  But after persuasion on several occasions they did not pay any heed to refund the money, so, the complainant compelled to send legal notice dated 18-02-2013 against the OP giving an ultimatum to refund the money and also pay compensation.

            We heard the complainant at length.  It also appears from the records that apprehending the ill reputation of the OP/M/s. Dewars Grage Ltd., the complainant finally decided to take back his advance money from the OP, to whom he has deposited Rs.5,000/- as an advance for purchasing the car.  Since, the OP was reluctant to refund the money, the complainant had to serve legal notice to them.  This is definitely unfair act on the part of OP/M/s. Dewars Garage Ltd. who did not pay any heed to refund the money of the complainant.

Here the version of the complainant is taken to be true because it is not controverted by any cogent or sufficient evidence from the side of the OP.  We are not unmindful to the fact that the complainant has suffered mental agony and anxiety for such rude attitude of the OP Dewars Garage Ltd. who willfully neglected and turned a deaf ear towards the earnest plea of the complainant.  So, in our view the OP/Dewars Garage Ltd., had indulged in unfair trade practice by refusing to make refund of the advance consideration money being paid to them.

            In the result, the case succeeds.

Hence,

Ordered

That the complaint be and the same is allowed ex parte with cost of Rs.2,000/- (Rupees Two thousand only) against the OP.

            The OP/Dewars Garage Ltd; is directed to pay back/refund of Rs.5,000/- (Rupees Five thousand only)- along with composite compensation of Rs.2,500/-.

            In the event of non-compliance of any portion of the order by the concerned OP within a period of 30(thirty) days from the date of communication of the order, the complainant is at liberty to put the decree in execution and in that case OP shall have to pay punitive damages of Rs.1,500/-.

            Let the copies be supplied to the parties as per rules.