Complainant by filing this complaint has submitted that he is a reputed doctor by profession and he intended to purchase a Maruti Swift Car, Model Name DZIRE ZXI for personal domestic use and for which he approached the op M/s Dewars Garage Ltd. and after consultation with the op said authority intimated him that that he must be to pay Rs.5,000/- as booking amount for purchasing such car and as per instruction of the op, complainant paid a sum of Rs.5,000/- on 05.04.2012 vide Account Payee cheque and also promised to pay balance consideration as and when the said car shall be made ready for delivery and money receipt dated 05.04.2012 confirming such partial payment of Rs.5,000/- was issued by the op.  But in spite of entering into a contract by paying the initial booking amount of Rs.5,000/- to the op, op failed and neglected to deliver the car within 45 days on the contrary intimated the complainant and complainant paid entire sum at first instance and thereupon a car shall be allotted.  But there was no whisper when the said car shall be handed over to the complainant.

          But after waiting for many days and on several pursuation ultimately op did not pay any heed to that for which the demand letter dated 04.06.2012 was issued to the op for cancel of the booking and for returning of the said amount for unfair trade practice and deficiency of service when ultimately op disclosed that total advance amount shall not be refunded but out of that Rs.2,000/- shall be deducted as cancellation charge and finding no other alternative and considering the unfair trade practice of the op, complainant sent another notice to the op on 06.06.2012 but op did not pay any heed and in the circumstances for proper relief this complaint is filed for refund of the booking amount and also for adopting unfair trade practice and for harassment the complainant in such a manner.

          Fact remains notice was served upon the op duly on 09.10.2013 and it was delivered to the op by Kolkata GPO which is evident from the Postal Department track report which is kept with the record.  But even after receive of the said notice, op did not turn up, though appeared and intended to contest by filing written argument by one B. Nandy the lawyer of the op appeared but ultimately the op did not contest for which the case is heard exparte and complainant’s evidence for chief etc. was filed along with all documents and ultimately the case is finally taken up for disposal.

                                              Decision with reasons

          On proper consideration of the complaint including the voucher issued by Dwears Garage Ltd. on 05.04.2012 in respect of receipt of Rs.5,000/- as booking amount for purchasing a SWIFT Maruti Car and also the letter of the complainant dated 04.06.2012 it is found that complainant againa and again requested the op for supply of the car or for refund of the said amount if it is not supplied.  So considering that material, it is clear that complainant the doctor paid a sum of Rs.5,000/- as advance for purchasing the car and that was received by the op on proper receipt issued by the op on 05.04.2012.  But thereafter op did nothing and practically up to 04.06.2012 complainant was harassed, no car was booked for delivery, no answer was given by the op, but op expressed that if the booking shall be treated as cancelled if complainant is willing to get Rs.3,000/- out of Rs.5,000/- because balance of Rs.2,000/- shall be treated as cancellation charge.

          Considering the receipt issued by the op and also demand letters of the complainant, it is clear that op a well known car seller agency and dealer practically harassed the complainant and did not book any car and did not send any letter for payment of balance amount and also did not report on which the same shall be believed and no doubt such an act on the part of the op tantamount the deficiency of service and at the same time it is unfair trade practice on the part of the op.

          Further fact is that which is proved beyond any manner of doubt that op did not book the car thou advance was taken and no doubt complainant waited for more than two months up to 04.06.2012 from 05.04.2012.  But even then complainant did not get any information about delivery of car or booking of car and op was silent in this regard and by that act complainant as a doctor harassed by the op and op did it intentionally.  So, in all respect the allegation of the complainant is proved against the op.

          But in this regard even last six months we have handling so many cases against the present op wherefrom we have gathered that in all the cases op acted in such a fashion by harassing the consumers/customers and ultimately did not handover car but enjoyed the advance amount without giving any further service and that is common practice of unfair trade practice of the op in most of the cases and it is another addition regarding unfair trade practice as adopted by the op.

          Accordingly the complaint succeeds when it is proved beyond any manner of doubt and when op acted such -------------- of defence and has not contested and challenged the complainant’s version knowing fully well that he has no instrument in his hand to defend the case.

          In the result we are inclined to allow this complaint in exparte form against the op with cost.

          Hence, it is

                                                          ORDERED

          That the complaint be and the same is allowed on contest with cost of Rs.10,000/- against the op.

          Op is directed to refund the entire amount of Rs.5,000/- to the complainant within 15 days from the date of this order along with cost is awarded and also to pay further sum of Rs.5,000/- as compensation for harassing the reputed doctor in such a fashion and for adopting unfair trade practice. 

          Further for adopting unfair trade practice as adopted and the nature and the conduct of the op is a business man harassed the consumer in such a fashion, op is imposed punitive damages of Rs.10,000/- which shall be deposited to this Forum within 15 days from the date of this order.

          Op is directed to comply the order within 15 days from the date of this order failing which for each day’s delay penal interest @ Rs.200/- shall be assessed till full satisfaction of the decree and even if it is found that op is reluctant to comply the order in that case penal proceeding u/s 27 of C.P. Act 1986 shall be started and in that case he shall be responsible and further penalty as per provision of Section 27 of C.P. Act 1986 shall be imposed.