IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
MURSHIDABAD , AT BERHAMPORE.
CASE No. CC No. 42/2016.
Date of Filing: Date of Admission : Date of Disposal:
29.03.2016 11.04.2016 12.09.2017
Madhusudan Das,
S/o Manik Chandra Das,
Vill.:Paschimgamini,
P.O. Balarampur,
P.S. Berhampore,
Dist. Murshidabad. ………… Complainant.
-vs-
- Mr Abdul,
of House No.786,
Bichhiya Jungle Tulshiram,
P.O. PAC Camp,
P.S. Shahpur,
Dist. Gorakhpur,
Uttar Pradesh, Pin 273014.
- Branch manager,
SBI Mohaddipur Branch,
Kasya Road, Dist. Gorakhpur,
Uttar Pradesh, Pin 273001. ....... Opposite Parties.
Ld. Partha Majumdar, Advocate ……… for Complainant
Cont. ……….…. 2
= 2 =
Present : Sri Anupam Bhattacharyya ………… President.
Smt. Chandrima Chakraborty …. .…. Member.
Sri Manas Kumar Mukherjee .…. ….. Member.
J U D G M E N T
Chandrima Chakraborty, Member.
The door of this Forum has been knocked by the Complainant for redressal of the consumer dispute as per the C. P. Act, 1986.
In concise, the fact stated in the complaint, is that, the Complainant had paid a sum of Rs. 1,50,000/- only as advance payment in favour of the Opposite Party No. 1 through the Opposite Party No. 2 by a Cheque dated 04.01.2016 for purchasing an E – Ricksaw and the Opposite Party No. 1 had duly encashed the said Cheque but failed to deliver the said E – Ricksaw within the due time.
The Complainant repeatedly requested the Opposite Party No. 1 to supply the said E – Ricksaw or to refund the said advanced amount which had already been paid by the Complainant through Bank Cheque but the Opposite Party No. 1 did not pay any heed to it for which the Complainant had/has to suffer huge financial loss and damages what amounts to negligence and deficiency in rendering service by the Opposite Party No. 1
Cont. ……….…. 3
= 3 =
towards the Complainant for which being victimized and harassed the Complainant has to file the instant case seeking adequate redressal against the Opposite Parties.
Despite service of the notice, no Opposite Parties ever appeared before the Forum in person and/or through their authorized representative/Ld. Advocate to contest the case by filing Written Version and so the instant case has been heard ex-parte against both the Opposite Party.
Point for Determination
The point for determination in the instant case is whether the complainant is entitled to get the relief as prayed for, in the facts and circumstances of the case and in view of the material evidences on record.
Decision with Reasons
In order to prove his allegation set forth in the complaint, the Complainant deposed in this case as sole witness by way of affidavit and also produced some documents in support of his case.
The main allegation of the Complainant specifically against the Opposite Party No. 1is that, in spite of payment of advanced amount, whether the Opposite Party No. 1 neglected or deficient to provide the proper services by not delivering the said E – Ricksaw towards the Complainant.
Cont. ……….…. 4
= 4 =
On overall evaluation of the argument by the Ld. Advocate of the Complainant and perusing the material documents in record, it is evident that, the Complainant had issued a Cheque amounting toRs. 1,50,000/- only as advance payment in favour of the Opposite Party No. 1 for purchasing an E – Ricksaw.
The record reveals from the photocopies of the documents filed by the Complainant that the Complainant had issued a Cheque being No. 350602 dated 04.01.2016 drawn on SBI (the Opposite Party No. 2) and it is also evident from the said submitted documents the Opposite Party No. 1 had duly encashed the said Cheque issued by the Complainant on the same date.
But the fact remains that the instead of encashing the entire advance amount paid by the Complainant the Opposite Party No. 1 miserably failed to deliver the said E – Ricksaw in issue towards the Complainant.
It is revealed from the record that the Complainant severally requested the Opposite Party No. 1 to supply the said E – Ricksaw in issue or to refund the said advanced amount of Rs. 1,50,000/- only which had already been paid by the Complainant through the Bank Cheque but the Opposite Party No. 1 did not yet pay any heed to it for which the Complainant had/has to suffer huge financial loss and damages as the Complainant desirous to purchase the said E – Ricksaw in issue for his livelihood.
Cont. ……….…. 5
= 5 =
So, it is crystal clear from the above discussion that the Complainant proved that the Opposite Party No. 1 had received the advanced payment of Rs. 1,50,000/- only from the Complainant but miserably failed to deliver the said product in issue (E – Ricksaw) towards the Complainant which undoubtedly proved that the Opposite Party No. 1 had not provide the proper service towards the Complainant rather the Opposite Party No. 1 is highly deficient and/or negligent in rendering proper service towards the Complainant in all means.
But it is also apparent that the Opposite Party No. 2 (on which Bank the said Cheque was encashed by the Opposite party No. 1) has no fault in this regard. The Opposite Party No. 2 had delivered the said amount issued by the Cheque in favour of the Opposite Party No. 1 as per the Banking norms. So the Opposite Party No. 2 has done no deficiency and/or negligence towards the Complainant and the Complainant has no grievance against the Opposite Party No. 2 Bank.
Moreover, all the allegations made by the Complainant were never challenged by the Opposite Party, even the Opposite Party never appeared to contest the case. Therefore, there are no reasons to disbelieve the unchallenged testimony of the Complainant.
Thus, the unanimous decision of the Forum is that the Opposite party No. 1 is strictly liable to refund the said paid advanced amount of Rs. 1,50,000/- only towards the Complainant
Cont. ……….…. 6
= 6 =
along with compensation for his financial loss and harassment and mental agony but no compensation shall be awarded and/or allowed against the Opposite Party No. 2 as the Opposite Party No. 2 has no fault towards the Complainant.
Therefore, in the light of the above analysis it is finally and commonly decided by the Forum that the Complainant has successfully proved his case and is entitled to get relief as prayed for, and consequently, the points for determination are decided in affirmative.
In short, the Complainant deserves success.
In the result, we proceed to pass
O R D E R
That the case be and same is allowed ex-parte against the Opposite Party No. 1 with cost of Rs. 5,000/- only and is dismissed the case ex-parte against the Opposite Party No. 2 without any cost.
That the Opposite Party No. 1is directed to pay an amount of Rs. 1,50,000/- only (the actual paid amount in advance for the said E – Ricksaw in issue) to the Complainant within one month from the date of this ‘Order’.
That the Opposite Party No. 1is further directed to pay an amount of Rs. 20,000/- only to the Complainant as compensation for his financial loss and harassment and mental agony within one month from the date of this ‘Order’.
Cont. ……….…. 7
= 7 =
In the event of non compliance of any portion of the order by the Opposite Party No. 1 within a period of one month from the date of this order, the Opposite Party No. 1 shall have to pay a sum of Rs. 100/- per day, from the date of this order till full satisfaction of the decree, which amount shall be deposited by the said default Opposite Parties in the Consumer Legal Aid Fund.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
MEMBER MEMBER PRESIDENT
