Order No.07.                                                                             

Dt. 30/12/2019.

The complainant takes steps by filing hazira. The O.Ps neither take any steps nor file W.V. Therefore, according to the order No.6 dated 23-10-2019 the case is taken up for exparte hearing.

Fact of the case of complainant, in a nutshell, is that the complainant purchased one tractor, being Mahindra Tractor 595 DI TURBO vide Engine No. : NLTH01086, chasis No.: NLTH01086 from Rudra Automobiles Private Ltd. On hire purchase agreement vide No : 2671646 dated  28.6.13 with Mahindra & Mahindra Financial Services Ltd. to the tune of Rs.5,50,000/- on condition to repay the loan amount by way of instalments @Rs.18,333 per month according to the English Calendar. According to the agreement the Financing Company was responsible for documentation i.e. Registration, insurance, payment of taxes and others with respect to the tractor in the office of Bankura R.T.O. The Finance Company supplied to the complainant Registration Number of the tractor as WB 67A/3343. The complainant was also informed that the tractor was insured under Royal Sundaram General Insurance Company Ltd. But those documents were not handed over to the complainant. Further case of the complainant is that for want of required documents he could not ply the tractor on road. And later on came to know from the office of Bankura RTO that the Registration Number relates to a Tata Sumo Car. It is also the case of complainant that he paid cash of Rs.6,50,000/-. The Respondents deceived the complainant and grabbed more than cash of Rs.1,00,000/- when the complainant started to demand all the relevant documents regarding the tractor the respondents started to avoid the complainant on different pretext. The complainant already paid Rs.6,50,000/- in favour of the respondents. Intention of the respondents is to cheat the complainant and to save their skin from the clutches of law. And hence this case.

Heard the complainant in person. Perused the materials in record. Considered.

The materials in record as well as exparte submission of the complainant prove the case. The complainant prays for compensation to the tune of Rs.50,000/- for suffering mental pain and agony. He also prays for Litigation Cost to the tune of Rs.10,000/- and return of Rs.6,50,000/- what was cheated by the respondents.

Hence, it is

ORDERED

i) That the C.C.No. 25 of 2019 be and the same is allowed exparte.

ii) The O.P.No.1 and O.P.No.2 are directed to pay Rs.6,50,000/- in favour of the complainant.

iii) The O.P.No.1 and O.P.No.2 are further directed to pay Rs.50,000/- to the complainant for suffering mental pain and agony.

iv) The O.P.No.1 and O.P.No.2 are also directed to pay Rs.10,000/- to the complainant as Litigation Cost or expenses of the proceeding.

v) The O.P.No.1 and O.P.No.2 are further directed to pay the aforesaid amount within two months from the date of passing of this order in default they are directed to pay interest @7% on the total amount (Rs.6,50,000/- + Rs.50,000/-) till the date of actual payment.

vi) Hence, this case is disposed of exparte accordingly.

Let a copy of this Judgement be supplied to all the parties at free of cost.