The instant case was instituted on the basis of a petition under Section 12 of the Consumer protection act, 1986 filed by one Ms. Chandreyee Choudhury, D/O. Sri Chandan Kumar Choudhury, Chandrima, Mohanbati, P.O & P.S.Raiganj, Dist. Uttar Dinajpur which was registered as Consumer Case No. 06/18 in this Forum.

The fact of the case is that the complainant/petitioner purchased a vehicle from Mahindra & Mahindra Ltd. Model KUV 100, K-8 NXT, petrol, white colour, B.S.IV for Rs.7,10,340/- which she booked on 23.11.2017 for Rs.4.500/-. The O.P. No.3 delivered the vehicle on 04.12.2017 by delivery challan by suppressing the actual facts that Mahindra & Mahindra Ltd. declared a special bonanza for the month of December,2017 for special discount of Rs.0.55 Lacs though the O.P. No.1/Company declared a special bonanza for the month of December 2017 for special discount of Rs.0.55 Lacs. The complainant/petitioner also stated that the O.P. did not adjust the booking amount of Rs.4,500/ which was refundable. And also did not adjust the special bonanza amount of Rs.0.55 lacs which was declared in the month of December, 2017. So, the O.P.No.2/Khokan Motors Works (P) not refunded the said booking amount and also did not adjust any offer amount and thereby committed an unfair trade practice. The complainant/petitioner obtained a Proforma invoice on 09.12.2017 for the same car and same model from M/S. S.N. Motors, Malda who is the Dealer of Mahindra & Mahindra Ltd. where in Rs.6,73,740/- was offered. The complainant/petitioner wrote several letters to the O.Ps. but they did not pay any heed to her letters and did not refund any amount. Finding no other alternative the complainant/petitioner filed this application before this Forum claiming Rs.41,000/- with 18% interest from the date of payment till the date of refund, Rs.50,000/-for harassment, mental agony and breach of peace and Rs.30,000/- for litigation cost.

The petition has been contested by the O.P. No.3 by filling the written version denying all the material allegations contending inter alia that the petition is not maintainable in law, the petition is barred by principle of estoppels, waiver and acquiescence, the petition is barred by law of limitation and this Forum has got no jurisdiction to try this case.

The definite defence case is that the complainant booked the aforesaid vehicle on 23.11.17 and the Mahindra and Mahindra Ltd. did not declare any special Bonanza for the month of November 2017. The Special Bonanza was declared for the month of December 2017. As such there is no question for getting any Special Bonanza, as in the month of November 2017 the company did not offer any Special Bonanza. Considering such facts and circumstances the instant case is liable to be dismissed with cost.

During trial the complainant examined Shri Chandan Choudhury as P.W.1. He files some documents by firisti and he is cross examined. On the other hand O.P examined Shri Subir Sharma as O.P.W.1 and he is cross examined. No other witness was examined on behalf of O.P.No.3.

Now the main point for determination whether the complainant is entitled to get any relief as prayed for.

                             Decision with reasons.

There is no dispute that the complainant purchased a car of Mahindra and Mahindra Ltd. Model KUV 100, K-8 NXT, petrol, white colour, B.S.IV brand and such fact has also been admitted by O.P.No.3. The main dispute arose whether in the month of booking i.e. in the month of November, 2017 any offer i.e. Special Bonanza was given by the company Mahindra & Mahindra Ltd. or not.

The Ld. Lawyer for the complainant argued that by the documents filed by the complainant it is vividly comes to the picture that the vehicle was booked on 23.11.17 and the company gave the offer from the month of October, 2017 and that was extended till 31.12.2017. That goes to show that the company gave a Special Bonanza for booking the vehicle of Model KUV 100, K-8 NXT, petrol, white colour, B.S.IV brand. In the W.V the O.P.No.3 has stated that the complainant is not entitled to get any special offer as in the month of November, 2017 there was no special offer. According to the case of O.P special offer was declared for the month of December, 2017. But such argument as advanced by the Ld. Lawyer of the O.P is not tenable as because on perusal of the document it is found that the special offer was published in the paper in the month of October, 2017 for purchasing a vehicle of the type as mentioned above i.e Model KUV 100, K-8 NXT, petrol, white colour, B.S.IV brand. So, the claimant is entitled to get the special offer and not giving the special offer on the part of the O.P is a gross violation of the offer and contract. On perusal of the record it is found that the excess payment was made by the complainant for which the complainant entitled to refund the amount of Rs.41,100/- in total. The excess amount is determined on the basis of the certificate issued by M/S. S.N.Motors, Malda In this case it is to be mentioned that the O.P.Nos. 1 & 2 did not contest the case.

Now the next point is to be considered whether the O.P.No.3 is liable to pay the amount? As the entire amount was paid to the O.P.No.3 for purchasing the vehicle by the complainant. As such the O.P.No.3 is liable to pay the same and the part played by the O.P.No.3 is completely shows the deficiency of service by adopting restrictive trade and unfair trade as because he has taken the excess amount from the complainant without giving the special offer.

C.F paid is correct.

Hence, it is                           

                                         ORDERED

That the complaint case being no. CC-06/18 be and the same is allowed on contest against the O.P. No.3 with cost and ex parte against the other O.Ps. without cost.

The claimant gets Rs.41,000/- (Forty one thousands) only as prayed for from the O.P.No.3. Besides that the complainant is entitled to get compensation of Rs.30,000/- for mental pain and agony and Rs.15,000/- as litigation cost. The entire amount i.e Rs.86,000/- ( Eighty six thousands) only is to be paid by the O.P.No.3 within two months from the date of order failing which it will carry interest at the rate of 6% per annum from the date of filing of the case. In the case of default of payment by the O.P.No.3 within the time the complainant will have the liberty to execute the order for recovery of the amount as per provision of law.

Let a copy of this order be supplied to the parties free of cost.