In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 247 / 2010.
1) Sri Biswajit Pal,
25/1A, Narikeldanga Main Road, Kolkata-700054. ---------- Complainant
---Versus---
1) Lexus Motors Limited,
16, Sonarpur Road, Kolkata-700088.
2) The Manager / Authorised Person, M/s. Lexus Motors Ltd.,
Budge Budge, Trunk Road, Rampur, 24 Parganas(S). ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 19 Dated 15/05/2012.
The petition of complaint is filed by the complainant Biswajit Das against the o.ps. Lexus Motors Ltd. The fact of the case in short is that complainant as an unemployed youth has purchased an Indica DLE car having engine no.475IDI03RSZP74002, chassis no.600136ESZP76204 by taking financial assistance from financial institution for running his livelihood and the said car was purchased from o.p. and due to some minor collision at parking place the body of the said car was damaged which needed repairing and on 16.6.08 complainant went to work shop and handed over the vehicle to o.ps. and the engineers of o.ps. assured complainant to deliver the said vehicle on 21.6.08. But after lapse of 68 days i.e. on 28.8.08 the vehicle was transferred to another work shop for mechanical repairing and after checking up the said vehicle no dispute was found in respect of defect in diesel pump and o.ps. assured complainant to deliver the vehicle on 1.9.08 and the said vehicle was actually delivered the complainant on 16.2.09 and for such inordinate delay for delivery of the said vehicle complainant has to suffer huge financial loss and mental harassment. Hence the case.
O.ps. had entered their appearance by filing w/v and denied all the material allegations labeled aginst them. Ld. lawyer of o.ps. in the course of argument submitted that it is owing to the lapse on the part of complainant his vehicle was delivered after lapse of a period and for which o.ps. are not liable to pay any compensation or anything like that.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular. It is an admitted position that complainant had handed over the vehicle for repairing of the same for the damage sustained owing to collision with a car and the car was purchased from o.ps. by complainant. It is nobody’s case that the car was not handed over to o.ps. for repairing. On perusal of the entire material on record we are of the view that there was profuse lapse on the part of o.ps. being provider to their consumer / complainant in the matter of delivery of the vehicle of the complainant / consumer and as such, we hold that complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to pay to the complainant a sum of Rs.3,00,000/- (Rupees three lakhs) only as compensation for the inordinate delay in the matter of delivery of the vehicle in time which was the only source of income of the complainant and o.ps. are further directed to pay litigation cost of Rs.10,000/- (Rupees ten thousand) only. O.ps. are directed to comply with the above mentioned order 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-___ ____Sd-______
MEMBER MEMBER PRESIDENT
