- Sri Parash Nath Dey Sarkar,
P-43, Motilal Gupta Road,
P.S. Thakurpukur, Kolkata-8._________ Complainant
____Versus____
- Director,
Nikunj Automobile Ltd.
‘Aakash Ganga’, 71, Chakraberia
Road (North), Ground Floor,
P.S. Bhowanipur, Kolkata-20. ________ Opposite Party
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 10 Dated 29/07/2016
The case of the complainant in short is that complainant is an unemployed person and for earning his livelihood he wanted to ply a vehicle, he came to know about the o.p. by an advertisement published in daily newspaper that o.p. gives financial assistance for purchasing the vehicles of different company make. Complainant went to the office of o.p. and o.p. showed him various scope and scheme and influenced the complainant that if he would pay a sum of Rs.1,95,059/- to o.p. then they would assist financial help to purchase a Tata Indica-EV-2 LS from Tata Motors in the name of complainant. Relying upon the assurance of o.p., complainant paid Rs.1,95,059/- to o.p. in the name of the company by issuing two separate account payee cheque vide no.220424, drawn on United Bank of India, Barisha Branch, dt.22.4.14 amounting to Rs.50,059/- and by cheque no.220425 drawn on United Bank of India, Barisha Branch, dt.1.5.14 amounting to Rs.1,45,000/- and o.p. issued proper receipt to that effect. At that time o.p. also induced the complainant to sign on some blank papers along with on a blank non judicial stamp paper and assured the complainant that they would process the papers towards purchase of car in question. Thereafter complainant visited the office of o.p. and enquired about the process of obtaining the vehicle. But every time o.p. gave false assurance and dates and lastly demanded an extra amount of Rs.50,000/- with a plea that if the complainant would not pay the excess amount they could able to process the financial assistance to purchase the vehicle in question. Complainant arranged the amount of Rs.1,95,059/- by premature withdrawal of fixed deposit certificate and LIC scheme and also by selling his wife’s gold ornament. So, complainant became depressed after knowing the o.p’s demand of Rs.50,000/- in excess. Finding no other alternative complainant requested o.p. to refund his paid amount of Rs.1,95,059/- since he was unable to arrange the excess amount. O.p. advised him to write an application for refund of money and accordingly complainant gave such application on 9.7.14 and that was received by o.p. O.p. also informed the complainant that they would refund the amount within 45 days. But o.p. did not refund anything within the stipulated period. Complainant visited the office of o.p. several times but in vain. After waiting a long period complainant sent an advocate’s notice on 14.11.14 stating all the grievances but o.p. kept themselves mum. Hence the application praying for refund of Rs.1,95,059/- along with compensation and cost.
O.p. did not contest the case by filing w/v and as such, matter was heard ex parte against the o.p.
Decision with reasons:
We have gone through the evidence of complainant and documents in particular. It is admitted fact that complainant paid Rs.1,95,059/- to o.p. by two cheques vide no.220424, drawn on United Bank of India, Barisha Branch, dt.22.4.14 amounting to Rs.50,059/- and no.220425 drawn on United Bank of India, Barisha Branch, dt.1.5.14 amounting to Rs.1,45,000/- as booking amount for a car. O.p. issued a receipt to that effect. It is also admitted fact that o.p. assured him that the balance amount of the car finance would be arranged by them. Complainant waited for a long to have a car of his own for his livelihood purpose. All on a sudden o.p. demanded an extra amount of Rs.50,000/-. Complainant could not arrange an extra amount of Rs.50,000/- and when complainant opted for refund of booking amount they offered the complainant for sending them a letter of cancellation of the said agreement for delivery of the vehicle in question. Being frustrated by the act of o.p. the complainant opted for cancellation of the booking of the car by his letter dt.9.7.14. O.p. assured the complainant that they would refund the amount within 45 working days. Thereafter o.p. took different dillydallying tactics. Complainant went from pillar to post to get back his deposited amount but in vain. Due to unchallenged testimony we have nothing to disbelieve the documents adduced by complainant and we find unfair trade practice and deficiency in service on the part of o.ps. and complainant is entitled to relief.
Hence, ordered,
That the case is allowed ex parte with cost against the o.p. O.p. is directed to refund the complainant a sum of Rs.1,95,059/- (Rupees one lakh ninety five thousand fifty nine) only towards the deposited amount and are further directed to pay compensation of Rs.50,000/- (Rupees fifty thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% 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 free of cost.
