The present disputes arises out of the complaint petition filed by the above named complainant alleging deficiency in service against the afore said O.Ps for non delivery of Crop Tiger in time and non refund of excess amount timely. The brief facts of the case is briefly summarised here under.
1. That the complainant had paid in cash a sum of Rs.2,00,000/- on Dt.29.1.2014 and paid Rs.1,00,000/- on Dt.15.3.2014 in cash and paid Rs.17,85,000/- in shape of D.D. bearing No. 569157 Dt. 31.3.2014 hypothicated with Utkal Grameen Bank, Moter Branch total comes to Rs. 20,85,000/- and obtained 3 Nos. of Money receipts from the O.P. for purchase of one Crop Tiger 30 Terratrac Combine Harvester as per Basic equipment from the O.P. authorized distributor of CLASS INDIA Ltd in my father’s name in accordance to the rate quoted in proforma invoice issued by the O.P in favour of the complainant. The O.P. handed over the above Crop Tiger to the complainant on Dt. 11.6.2014 along with actual cost of the vehicle paper. The actual cost of the above Crop Tiger as alleged by the complainant was Rs. 17,85,000.00 after deducting Govt. subsidy a sum of Rs.6,00,000. The excess amount a sum of Rs. 3,00.000/- has to be refunded by the O.P. No. to the complainant. The complainant approached the O.P from time to time in person and over phone, lastly on Dt.6.12.2014 refunded a sum of Rs.3,00,000/- without any interest, but till date the O.P. paid deaf ear and not paid the rebate/discount amount a sum of Rs.1,50,000.00 as declared by the Class company and promised by the O.P. to the complainant. Hence this case has been filed by the complainant before the Dist. Consumer Forum for redressal of his grievance and prayed to direct the O.P to pay a sum of Rs. 1,50,000/- towards rebate/discount and interest @ Rs. 18% per annum on excess amount a sum of Rs.3,00,000.00 from Dt. 1.4.2014 till 5.12.2014 & directed to pay compensation for delay delivery of Crop tiger and directed to pay cost, compensation towards mental agony and such other relief as the court deems fit and proper for the best interest of justice.
2. This forum had sent notice to the O.P. by Regd. Post for appearance before the forum and defend the case. The O.P. refused the same to receive as remark recorded by the postal authority in the Regd. Cover. The service is sufficient. Hence the O.P. was set exparte on Dt. 30.9.2015 to close the case in time bound according to the C.P. Act.
3. During the exparte hearing on Dt. 22.01.2016 the complainant examined himself and proved the payment of money to the O.Ps. The complainant in support of his case has field an affidavit sworn before Notary Public, Junagarh in which he has sworn all the details of the case.
In the absence of any denial by way of written version from the side of the O.P. it is presumed that the allegations leveled against the O.Ps deemed to have been proved. The complainant have produced all the Xerox copies of the Money receipt and Xerox copies of the D.D. against the above purchase. Hence it is deemed that the fact is said to be proved, and this forum considering the above aspects tendered in evidence believes it to exist or consider its existence so probable that under the circumstances of particular case to act upon the supposition that the said fact exist. The complainant had paid the amount for the good service as per receipt which intended with the O.P. and the said payment is made for the consideration for the said service. When the O.P. has failed to give such service for which the O.P. has received the amount. It is deemed that the O.P is callous to the allegations and it amounts to deficiency of service.
On perusal of the record it is observed that from Dt.29.1.2014 to 31.3.2014 the complainant paid all the amount i.e. sum of Rs.20,85,000/- to the O.P. but the O.P. delivered the Crop Tiger to the complainant on Dt. 11.6.2014 which is a serious allegation made by the complainant and the complainant argued during exparte hearing that due to late delivery he could not use it for the said season and he sustained a great loss as this is a seasonal business. Further it is revealed that the actual cost of the Crop tiger was Rs.17,85,000/- and the O.P. received Rs.20,85,000/- from the complainant and refunded the excess amount Rs.3,00,000/- to the complainant through account transfer on Dt. 6.12.2014 after 8 (eight ) months. Further it is observed that the O.P. not paid cash rebate/discount amount a sum of Rs.1,50,000/- as declared by the Company and promised by the O.P. at the time of depositing the amount for purchase of Crop tiger.
On perusal of the papers filed by the complainant it is revealed that the actions of the O.P. is unfair trade practice in order to allure the complainant to purchase the vehicle and than grab the money of the complainant, which amounts of cheating and as such the OP diserves punishment. The complainant unnecessarily put to undue harassment, mental agony and heavy loss for which OP is liable to pay compensation for damages to the complainant. Undoubtedly such whimsical act of the O.P. is within the ambit of Section 2(1)(4)(1)(v) and 2(1)(r) (3)(b) of the C.P. Act which is related to unfair trade practice and which is corresponding to section 36 A of the Monopoly Restricted Trade Practice M.R.T.P. act of 1969 under part- A of Chapter-III of the said act.
We observed there is gross negligence, on the part of the O.P. The O.P is thus clearly deficient in rendering service, to the complainant, as a result where of the consumer suffered a lot of mental agony, financial loss and harassment. We have no reason to disbelieve the inconvenience caused to the complainant and the expenses incurred by them. We observed that this is a fit case in which compensation should be awarded, and at the same time we expect such type complaint would not continue in future to the consumers.
In the above facts, circumstances & on perusal of the record, the complaint petition, documents, Affidavit there exists a strong “prima-facie” case in favor of the complainant.
Hence to meet the ends of justice, the following order is passed.
ORDER.
4. In the result the petition of the complainant is allowed exparte against the O.P.
The O.P. is ordered to refund a sum of Rs.1,50,000/- to the complainant towards rebate/discount as declared by the company and promised by you.
The O.P is ordered to pay interest @ 12% per annum on the amount a sum of Rs.3,00,000/- from Dt. 1.4.2014 till 5.12.2014.
The O.P. is further ordered to pay compensation a sum of Rs.20,000/- for late delivery of Crop Tiger and harassment met by the complainant towards mental agony and financial loss due to late delivery of the crop tiger.
The O.P is ordered to comply the above direction within one month from the date of receipt of this order failing which the complainant is at liberty to take resort U/S- 25 & 27 of the C.P. Act. Service the copies of the order to the parties.
Dictated and corrected by me.
Pronounced on this 29th. Day of January, 2016.
MEMBER. MEMBER. PRESIDENT.
Documents relied upon:-
By the Complainant.
- Xerox copies of the Proforma invoice Dt. 10.3.2014
- Money receipt Dt. 29.1.2014 a sum of Rs.2,00,000/-
- Money receipt Dt. 15.3.2014 a sum of Rs.1,00,000/-
- Money receipt Dt.1.4.2014 a sum of Rs. 17,85,000/-
- U.G.B. bank loan paper dt.31.3.2014
- D.D. No.569157 Dt.31.3.2014 a sum of Rs.17,85,000/-
- Retail Invoice Dt. 11.6.2014.
- Affidavit filed by the complainant.
By the O.P. Nil.
29.01.2016.
The order pronounced in the open forum and enclosed separately in the file.
The petition of the complainant is allowed exparte against the O.P.
The O.P. is ordered to refund a sum of Rs.1,50,000/- to the complainant towards rebate/discount as declared by the company and promised by you.
The O.P is ordered to pay interest @ 12% per annum on the amount a sum of Rs.3,00,000/- from Dt. 1.4.2014 till 5.12.2014.
The O.P. is further ordered to pay compensation a sum of Rs.20,000/- for late delivery of Crop Tiger and harassment met by the complainant towards mental agony and financial loss due to late delivery of the crop tiger.
The O.P is ordered to comply the above direction within one month from the date of receipt of this order failing which the complainant is at liberty to take resort U/S- 25 & 27 of the C.P. Act. Service the copies of the order to the parties.
MEMBER. MEMBER. PRESIDENT.
