Orissa

Cuttak

CC/88/2015

Bajarang Lal Sharma - Complainant(s)

Versus

M/s Arnapurna Motors - Opp.Party(s)

Self

23 Feb 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.88/2015

 

Sri Bajarang Lal Sharma,

Res. of Plot No.1C/67,Sector-9,

C.D.A,PO/PS:Markat Nagar,

Dist:Cuttack-753014.                                                               … Complainant.

 

                Vrs.

 

 M/s. Arnapurna Motors,

Dagarpada,Satichaura Chhack,

Cuttack-753002.                                                                       … Opp. Party.

 

Present:               Sri Dhruba Charan Barik,LL.B. President.

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   28.08.2015

Date of Order: 23.02.2017.

 

For the complainant:    Complainant himself.

For O.P.                       :    None.

 

Sri Bichitra Nanda Tripathy,Member.

                The case is against the O.P for unfair trade practice.

1. Shortly the case of the complainant is that the complainant purchased a TVS Jupiter Titanium Grey two wheeler from the O.P on 18.2.2014 vide invoice No.1157 dt.18.2.2014 at a cost of Rs.50,975/-(Annexure-A).  The O.P collected a sum of Rs.58,500/-  from the complainant vide money receipt No.1069 dt.18.2.2014(Annexure-B).  Vide his letter dt.10.4.2014 the complainant asked the O.P to submit the details of Rs.58,500/- collected by the O.P. ( Annexure-C) .  Again on 19.8.2015 the complainant asked the O.P to provide the break-up of the amount paid i.e. Rs.58,500/- and also intimated the O.P that the O.P has taken a sum of Rs.4687/- as excess as  calculated vide letter dt.19.8.2015 of the complainant (Annexure-D).  But it yielded no result.  The complainant also has submitted a paper cutting relating to such excess price taken by the O.P as published in the Oriya daily news paper “The Samaj” dt.02.12.2014 for perusal of this Forum (Annexure-E).

Finding no other way the complainant has taken shelter under this Hon’ble Forum.  He has prayed to direct the O.P to refund a sum of Rs.4687/- with interest @ 18% and also to pay a sum of Rs.10,000/- as compensation towards mental agony and harassment.

2. The O.P. did not attend the hearing nor submitted any written version in his defense and was set exparte on 26.07.2016.
3. We have gone through the case in details, perused the documents minutely as filed by the complainant, heard the complainant at length and have observed that the complainant purchased a two sheeter i.e. Jupiter Titanium Grey from the O.P. on 18.2.2014 for a price of Rs.50,975/- vide invoice No.1157 dt.18.2.2014.  The O.P collected a sum of Rs.58,500/- from the complainant vide money receipt No.1069 dt.18.2.2014 but did not intimate  detailed break-up of such Rs.58,500/- to the complainant.   As per calculation dt.19.8.15 made by the complainant, a sum of Rs.4687/- was taken as excess by the O.P.  As per the fresh calculation sheet dt.5.12.16 as submitted by the complainant on 5.1.2017 a sum of Rs.3610.00 has been shown as excess amount taken by the O.P from the complainant.
4. Even if several opportunities were given to the O.P, the O.P neither appeared nor contested the case.  In such a case, we are constrained to accept the statements of the complainant as uncontroverted in view of the observations made by the appellant forums in various cases as stated below:

1. 20032-CLT-Vol.96,P-15-para-4 C.D Case No.37/2002(S.C.D.R.C,Odisha).

“Absence of written version, Commission is bound to accept the uncontroverted statement made in the complaint.”

2. 2013(1) CPR-500 (N.C).

“In case written version is not filed after several opportunities, it has no defense on merit.”

5. Basing on the facts and circumstances as stated above and to meet the ends of justice, we have allowed the case against O.P for unfair trade practice.

ORDER

The O.P will refund a sum of Rs.3610.00 to the complainant towards refund of excess amount as taken from the complainant.  The O.P will also pay a sum of Rs.5000/- to the complainant towards mental agony and harassment.

The above payments shall be made to the complainant within a period of 45 days from the date of receipt of this order, failing which the complainant is at liberty to take shelter of this Hon’ble Forum as per C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 23^rd  day of February,2017 under the seal and signature of this Forum.

 

   (Sri B.N.Tripathy )

                                                                                                          Member.

                                                                                                   (  Sri D.C.Barik )

                                                                                                             President.

                                                                                                 (Smt. Sarmistha Nath) 

                                                                                                Member(W).