O R D E R :-( per Mr. B.R. Chandel, President )
The complainant Shri Rakesh Kumar on the strength of this complaint has claimed that the opposite party be directed to deliver trolley with Tyres of the tractor, hand over form No.21,22 and original insurance policy, refund Rupees 1,05,000/- and pay compensation of Rupees 50,000/- on the grounds that the complainant on the basis of quotation issued by the opposite party opted to purchase tractor model Sonalika 3507 B and trolley with tyres measuring 9x5x2 for Rupees 5,95,000/- being the cost of the tractor and Rupees one lac cost of the trolley along with tyres. The said tractor was financed by KCC Bank Ltd. Hamirpur in the sum of Rupees six lac. The complainant paid Rupees 1,10,000/- to the opposite party vide receipt dated 13-02-2013 and the said bank handed over a demand draft of Rupees 6 lac to the opposite party, upon which the opposite party delivered the said type of tractor to the complainant, but retained the original sale certificate, insurance policy and forms No. 21 and 22 and has failed to deliver the said documents due to which he could not get the tractor registered and ply the same. The opposite party has also wrongly shown the cost of the tractor as Rupees 5,85,000/- whereas the actual cost of the tractor was Rupees 4,85,000/- and thus, the opposite party received Rupees one lac in excess to the actual cost. At the time of delivery of the tractor to the complainant, the opposite party promised to deliver the trolley along with tyres within few days but failed to supply the same, in spite of several request made which amounts to unfair trade practice and deficiency in service due to which the complainant has suffered harassment, monetary loss and mental tension.
2. The opposite party has been proceeded against exparte.
3. The complainant has led exparte evidence.
4. We have heard the learned counsel for the complainant and gone through the records of the complaint.
5. The averments made in the complaint have been duly supported and corroborated by the deposition of the complainant made in affidavit Annexure C-1. It stands proved on the strength of receipt dated 13-02-2013 that the opposite party received Rupees 6 Lac through demand draft from KCC Bank Haripur. On the same day the complainant paid Rupees 1,05,000/- to the opposite party vide receipt Annexure C-2. The said amount was paid by the complainant for the purchase of tractor Sonalika D1 -3501B along with trolley with tyres on the basis of quotation Annexure C-4 issued by the opposite party. The insurance policy is Annexure C-6. On the basis of said documents it stands fully and firmly established that the opposite party failed to supply trolley with tyres to the complainant in spite of receipt of its price as well as the documents of the tractor in spite of several requests made by the complainant and the service of legal notice Annexure C-9 dated 10-09-2013 which definitely constitutes unfair trade practice. The opposite party did not opt to resist and contest the complaint which meant that it had nothing to state in opposition of the claim of the complainant. The deposition of the complainant has gone unrebutted and unchallenged. Hence we have no reason to disbelieve the same.
6. In view of the evidence discussed and findings recorded above, this Forum is bound to conclude that the opposite party is guilty of unfair trade practice and deficiency in service due to which the complainant has suffered harassment, monetary loss and mental tension. Hence he is entitled to succeed in the complaint. However, the complainant has failed to prove that the opposite party has received rupees one Lac in excess of the actual price of the tractor.
RELIEF
In view of the findings recorded above, the complaint is allowed. The opposite party is directed to hand over sale certificate, original insurance policy , form Nos. 21 and 22 and other documents required for registration of the tractor in question within 30 days from the receipt of copy of this order, failing which the opposite party shall be liable to pay a penalty of Rupees 200/- per day till the said documents are delivered to the complainant. The opposite party is further directed to deliver trolley with tyres within 30 days from the receipt of copy of this order, failing which to refund Rupees 1,05,000/- to the complainant along with interest at the rate of 9% per annum from the date of filing of the complaint i.e. 13-03-2014 till the said amount is paid/realised. The opposite party is also directed to pay cost of the complaint which we assess at Rupees 5,000/-. Let certified copy of this order be sent to the parties free of cost, as per rules. The file, after its registration and due completion be consigned to the records.
ANNOUNCED AND SIGNED IN OPEN COURT
ON THIS THE 12TH DAY OF MARCH, 2015
(B.R. Chandel )
President
(Th. Digvijay Singh) ( Sushma Sharma)
Member Member