In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.   413 / 2010.

1)                   Vinay Jhunjhunwala,

13/5, Sahapur Colonay, Block-K(East), New Alipore, Kol-53.                   ---------- Complainant

---Versus---

1)                   M/s. Mexx World,

76B, Block-E, New Alipore, Kolkata-700053.                                           ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.

                        Smt. Jhumki Saha, Member.

Order No.   1 2    Dated  1 6 / 0 1 / 2 0 1 2  .

The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by complainants Vinay Jhunjhunwala and Mala Jhunjhunwala. The case of the complainants in short is that complainant purchased Bajaj Pulser 150 bike from o.p. on 6.8.08 for Rs.67,900/- in instalment and complainant paid Rs.18,000/- as down payment and o.p. could not arrange the bank loan and asked complainant to pay Rs.12,000/- for financing Bajaj and took 24 post dated cheques forRs.1583/- and the complainant asked for the delivery of original documents for the said bike but o.p. did not pay heed to them and failed to supply the original documents and complainant paid Rs.47,000/- out of Rs.68,000/-. Hence the instant case with a prayer for relief as contained in the prayer portion of the complaint.

            O.p. had entered its appearance by filing w/v and denied all the material allegations lebelled against them and prayed for dismissal of the case.

            Decision with reasons:

            We have gone through the pleadings of the parties and evidence and documents lying with the record and it is not understood from the documents and pleadings filed on behalf of the o.p. as to what prompted them to deprive the complainant for purchasing the said bike and from the record it is apparent that there is a clear deficiency in service being a service provider on the part of the o.ps. towards complainant / purchaser and complainant is entitled to relief as prayed for.

            Hence, ordered,

            That the petition of complainant is allowed on contest with cost against he o.p. O.p. is directed to refund Rs.47,000/- (Rupees forty seven thousand) only together with interest @ 9% p.a. from the date of deposit of the said sum by the complainant till the date of payment. O.p. is further directed to pay compensation of Rs.20,000/- (Rupees twenty thousand) only  for harassment and mental agony towards the complainant and litigation cost of Rs.3000/- (Rupees three thousand) only. O.p. is directed to pay the aforesaid sum within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum as ordered above due to the credit of the complainant till the date of realization.

            Supply certified copy of this order to the parties.

   _____SD-_____                                                    _____SD-______

     MEMBER                                                           PRESIDENT