The complainant files his hazira. The case is taken up for ex-parte order.

Fact of the case is that the complainant is a cultivator and for the purpose of cultivation his landed properties he wanted to purchase a Trolly from the OP being owner of the factory. The cost of the Trolly was fixed at Rs.83,000/- the complainant paid Rs. 44,000/- on the date of booking on 17.3.2016 and subsequently he paid Rs.18,000/- and 9,000/- respectively on 18.3.2016 and 22.3.2016.

In spite of payment of the said amount the OP did not deliver the Trolly when the complainant wanted to have the return of the money from the OP but he threatened him. Being baffled to get the amount the complainant lodged a complaint before the Assistant Director, Consumer Affairs & Fair Business Practices, R.O. on 1.4.2016 but on that date the OP did not turn up. Subsequently, another date was fixed on that date also the OP failed to turn up.

On the basis of the facts and circumstances of the case the complainant filed this complaint with the prayer that for necessary direction upon the OP for returning the amount of Rs.71,000/- plus interest accrued thereon and also prayed for damage of Rs.25,000/- as compensation.

The Summons was served upon the OP but the OP did not turn up, as a result the case has been fixed for ex-parte therein.

The Ld. Lawyer for the complainant in order to prove the case filed some documents including the receipt wherefrom it is evident that the complainant paid an amount of Rs.71,000/- out of total price of the Trolly of Rs.83,000/-. It is also admitted fact that the complainant before starting this proceeding approached to the Assistant Director, Consumer Affairs & Fair Business and Practice, R.O. and a date was fixed for mediation but the OP did not turn up. In view of the said fact that it is crystal clear that the OP in order to evade the return of the amount and also on failure to deliver the Trolly  has not appeared before this Forum with an eye to practice fraud upon the complainant and with dishonest motive. He failed to turn up before this Forum to clarify his stand upon as to why the Trolly was not given in spite of receiving more than 90% price of the said Trolly.

                                                                                                                        Cond…  /

Having regard to the facts and circumstances of the case we hold that the complainant will be entitled to get relief as prayed for.

Hence, it is ordered that – CC No. 7/2016 is allowed ex-parte against the OP. The OP is directed to pay an amount of Rs.71,000/- within 30 days from this day and the complainant will also get as damage of Rs.15,000/- within the stipulated period of 30 days failing which the complainant will be entitled to get interest @ 9% till he realization of the amount including Rs.71,000/- + (plus) damage of Rs.15,000/-.

            Let a plain copy of this order be furnished to the parties, for compliance without fail, forthwith free of cost.