10.....24.02.2022...
Today is fixed for delivery of judgment/final order.
Final order containing 5 pages is ready . It is sealed, signed and delivered in open Forum/Commission.
It is ordered that,
That the complaint be and the same is allowed ex-parte against the OP with cost of Rs. 10,000/-.
The OP is directed to refund the amount of Rs.2,00,000/- only along with simple interest @ 10% p.a. w.e.f. 23.03.2021 till the date of realization of full amount by 60 days from the date of this order.
The OP is also directed to pay Rs.10,000/- as compensation for harassment and mental agony caused to complainant within 60 days from the date of this order.
Let a copy of the order be supplied free of cost to the parties concerned. The final order will be available to the following website www.confonet.nic.in.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SOUTH 24-PARGANAS
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C.NO. 41 OF 2021
DATE OF FILING DATE OF ADMISSION DATE OF FINAL ORDER
23.03.2021 30.03.2021 24.02.2022
Present : President : Asish Kumar Senapati
Member : Jagdish Chandra Barman
Member : Sangita Paul
COMPLAINANT : 1. Sri Pranab Kayal, S/o – Late Asit Baran Kayal
Residing at Shasan Shanti Pally, P.O. & P.S. –
Baruipur, Dist. – South 24 Parganas,
Pin – 700 144
Versus
O.P/O.Ps : 1. M/S. Dulichand Motors Pvt. Ltd.
Situated at Shrachi Tower, 686 Anandapur, P.S. – Anandapur, EM Bye Pass, Near Ruby Hospital, Kolkata – 700 107.
Smt. Sangita Paul, Member
This is a case filed by Shri Pranab Kayal, S/o. Late Asit Baran Kayal with a direction to the OP to pay back advance money of Rs.2,00,000/- along with interest till date of final decree, to pay the litigation cost of aRs.20,000/- and to pay compensation of Rs.10,000/- for harassment and mental agony of complainant.
The sole of OP is M/s. Dulichand Motors Pvt. Ltd. It is situated at Shrachi Tower, 686 Anandpur, P.S.-Anandapur, E.M. Bye Pass, Near Ruby Hospital, Kolkata – 700 107.
Complainant by filing this case states that due to urgency and extreme need, complainant booked a Tata ‘Altrox’ XE Rhythm (P) Silver, from Dulichand Motors (P) Ltd., Shrachi Tower, 686 Anandpur, P.S.-Anandapur, E.M. Bye Pass, Near Ruby Hospital,Kolkata–700107 on 26.12.2020. Complainant was asked to pay money in advance, against the said booked car. OP demanded Rs.2,00,000/- against the said booking and complainant paid the said amount to the OP on 26.12.2020. Complainant paid by cash Rs.40,000/- only and also Rs.60,000/- only by cash. In total, complainant paid Rs.1,00,000/- only in cash in favour of Dulichand Motors Pvt. Ltd. Similarly, complainant made a payment of Rs.1,00,000/- only through cheque on 26.12.2020 being cheque No.018553 of ICICI Bank. The cheque amounting Rs.1,00,000/- only was duly received by M/s. Dulichand Motors Pvt. Ld. Altogether complainant paid Rs.2,00,000/- only against the order of ALTROZ XE (P) Rhythm as per order 50414.
The order was placed on 26.12.2020 even after 60 days, the opposite party could not deliver the said booked vehicle to complainant. The OPs got the advance amount from complainant on 26.12.2020. Complainant did not send notice. Even he did not inform the OP for sending the car. The stipulated period was over. The Ops failed to deliver the said vehicle within stipulated period i.e. 26.02.2021 though the OP confirmed to deliver the said vehicle within the stipulated period i.e on 26.02.2021.
The OP, in the meantime informed complainant that they were not able to offer grey colour Altroz Rhythm XE car. They informed it to complainant over telephone. Cause of action arose when the OP denied to offer the said colour ordered by complainant. Complainant was in urgency. He needed the car quickly, but complainant did not deliver the same to complainant. Complainant requested the OP to deliver the said vehicle within the stipulated period. The OP did not take proper step to deliver the said vehicle.
Therefore, complainant prays for returning the advance money of aRs.2,00,000/- along with interest till date of final decree, for paying litigation cost of aRs.20,000/- and for paying compensation of Rs.10,000/- for harassing complaint and for causing mental agony.
The residence of complainant is very well within the jurisdiction of this Commission.
Notice was sent to the OP, but the OP did not care to take any step. Notice was delivered to the OP on 07.10.2021. Even after four months of receipt of notice by the OP, the OP did not appear to contest the case. Hence, on 29.11.2021, the case proceeded ex-parte against the OP. On 28.12.2021 complainant files evidence on affidavit and argument was heard on 07.02.2022. And we proceeded for giving judgment.
Points of Consideration :-
- Is the complainant a consumer ?
- Is the OP guilty of deficiency of service and unfair trade practice ?
- Is the complainant entitled to get reliefs as prayed for ?
DECISION WITH REASONS
On perusal of records and documents on record, it is evident that complainant booked a TATA ALTROZ XE Rhytm (P) Silver Car on 26.12.2020 from M/S Dulichand Motors Pvt. Ltd. Shrachi Tower 686, Anandapur EM Bye Pass near Ruby Hospital, Kolkata-700 107. He was in extreme need of the said car. Due to urgent need, he booked the car on 26.12.2020. The car was supposed to be delivered from show room after 50-60 days from 26.12.2020. The price of the car was Rs. 5,70,000/-. The registration amount was given. Taxes and levies were paid. Total receivable amount was Rs.6,20,000/- only complainant was asked to pay the advance amount amounting Rs.2,00,000/- only. Complainant paid the said amount on 26.12.2020. He paid Rs.40,000/- only and Rs.60,000/- only i.e. Rs.1,00,000/- only in cash to Dulichand Motors Pvt. Ltd. and Rs.1,00,000/- was paid through cheque being cheque No.018553 of ICICI Bank to the opposite party i.e. M/S Dulichand Motors.
Complainant paid Rs.2,00,000/- as advance amount against the total amount of Rs. 6,20,000/- only. Hence, complainant is a consumer. In spite of receiving the advance amount, the OPS failed to deliver the said car. In the commitment form of M/S Dulichand motors, it was written clearly that the car would be delivered within 50-60 days from the date of the order. The form was signed by the dealer of Dulichand Motors and by customer i.e. complainant, Yet complainant did not get the car in proper time. It appears that the OP is deficient in rendering proper service. According to the proposal, complainant paid the booking amount. So he hopes for getting the said car, but the said car was not delivered to complainant. The reason behind the motive of the OP is totally unknown to complainant. Complainant sent an e-mail to Mr. Subrata Debnath, dealer of Dulichand Motors. Complainant was going to avail a car loan and the proposal was already made. Complainant also informed that he was supposed to transfer the balance amount within few days. If the car was not delivered to him, there is no use of the loan. The OPs are guilty of unfair trade practice. The amount of Rs.2,00,000/- only was taken as advance amount for the car. Complainant paid the amount in cash and cheque. But the OP did not care to deliver the said car to the complainant. Complainant sent another letter to the General Manager, Sales of Dulichand Motors. Complainant informed that the persons Mr. Subrata and Mr. Priyatosh took 10 days more time after 60 days. But the grace period was over and the OP did not deliver the car. In the mean time, complainant booked another car. For he needed a car badly. Complainant also availed of a car loan. As the OP failed to deliver the said car, they must return the booking amount to complainant. Complainant asked for return of the booking amount, but the OP remained silent. Neither they delivered the car, nor they returned the booking amount of Rs.2,00,000/- only. It appears that the Ops are deficient in rendering proper service to complainant. They did not pay heed to go complainant’s request. O.Ps. failed to return the booking amount. It is nothing but unfair trade practice. Had the car been supplied in time, complainant would have no grievance. But complainant booked another car after waiting for 70 days. So he is entitled to get the money which he paid to the Dulichand Motors. He became sick and spend time in agony. So, he is entitled to get compensation. In the result, the complaint succeeds.
Hence,
ORDERED
That the complaint be and the same is allowed ex-parte against the OP with cost of Rs. 10,000/-.
The OP is directed to refund the amount of Rs.2,00,000/- only along with simple interest @ 10% p.a. w.e.f. 23.03.2021 till the date of realization of full amount by 60 days from the date of this order.
The OP is also directed to pay Rs.10,000/- as compensation for harassment and mental agony caused to complainant within 60 days from the date of this order.
Let a copy of the order be supplied free of cost to the parties concerned. The final order will be available to the following website www.confonet.nic.in.
Dictated and corrected by me
Member
