In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.   175 / 2007.

1)                   Hasan Ullah Mistry,

Vill. Raipur, P.O. Multi, 24 Pargans(s).                                                    ---------- Complainant

---Versus---

1)                   Dipak Saha, Prop. Lokenath Enterprise,

7, Kalighat Road, Kolkata-700025.

2)                   S.K. Eshakali,

69, Bosepukur Road, Kolkata-700042.

3)                   Mexxcorp Trading & Investment Pvt. Ltd.,

76B, Block-E, New Alipore, Kol-53.                                                        ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Smt. Jhumki Saha, Member.

                        Dr. A. B. Chakraborty, Member

Order No.    4 2   Dated  31/01/2012

The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by complainant Hasan Ulla Mistry against the o.p Dipak Saha and others. The case of the complainant in short is that he purchased a new auto rickshaw to run his family for livelihood from o.p. no.2 and o.p. no.2 introduced the complainant to o.p. no.1 who is a financer of various types of car, auto rickshaw, etc. and it was decided by o.p. no.1 and complainant that complainant agreed to purchase a new auto rishchaw for Rs.1 lakh and additional Rs.3500/- for permit and o.p. no.1 and complainant entered into an agreement on 15.3.05 whereby o.p. no.1 agreed to give a new auto rickshaw with all papers along with the permit for Rs.1,35,000/- and complainant agreed to make down payment of Rs.50,000/- and to repay the rest 35 instalments of Rs.37,740/- after handing over the auto rickshaw with all necessary papers to the complainant. Complainant made down payment of Rs.59,000/- instead of Rs.50,000/- as was agreed. Further complainant made Rs.4500/- and in total complainant Rs.63,500/- and on 16.3.05 o.p. no.1 handed over a second hand auto rickshaw of 2003 registration without any paper except insurance and it was agreed upon by the parties that a new auto rickshaw will be provided with all papers and under handing over new auto payment of instalment will comments. And o.p. no.2 was guarantor to the said agreement. One fine morning o.p. no.3 on 3.8.06 seized the auto rickshaw and took away the possession of the auto rickshaw from the complainant. Hence the case.

            O.p. nos.1 and 3 had entered their appearance in this case by filing w/v  and matter was fixed ex parte as against o.p. no.2. O.p. nos. 1 and 3 denied all the material allegations labeled against them and prayed for dismissal of the case.

Decision with reasons:

            We have gone through the pleadings of the parties and evidence and documents in particular wherefrom we find that the complainant was never at fault in carrying out the agreement executed between the parties from time to time and it is not understood what prompted o.p. no.3 to take away of the said auto rickshaw from the position of the complainant without assigning in acceptable results. And this act on the part of o.p. no.3 has not been explained to the extend of the acceptance of this Forum and it ought not to have been done by o.p. no.3 to such poor complainant in our developing country and this is a clear deficiency being a service provider on the part of the o.p. nos.1 an 3 to its consumer / complainant and complainant is entitled to relief as prayed for.

            Hence, ordered,

            That the petition of complaint is allowed on contest with cost against o.p. nos.1 an 3 and ex parte against o.p. no.2 with cost. O.p. nos.1 and 3 are directed to hand over the original and relevant records and documents to the complainant and are further directed to refund Rs.63,500/- (Rupees sixty three thousand) only together with an interest @ 9% p.a. from the date of payment till the date of realization .  O.p. no.1 is directed to pay compensation of Rs.7000/- (Rupees seven thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only to the complainant within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full  realization .

            Supply certified copy of this order to the parties.

   _____Sd-_____                                                    _____Sd-______

     MEMBER                                                           PRESIDENT