This is an application u/s.12 of the C.P. Act, 1986.

The case of the complainant is that on 04.12.2017 they purchased one pre-owned Audi Car bearing registration No. WB 20 AU 8999 at a consideration of Rs.61,50,000/- from the OP-1 M/s. Landmark Cars Pvt. Ltd. for private use of the Directors of the complainant  companion  the residential of the OPs that the year of manufacturing of the Audi car is 2016 and the Insurance Policy the year of manufacturing of said car has been written 2016. It is further alleged that on receiving smart card and other related documents the complainant discovered that the said was manufactured in the year 2015. The OP-1 and its directors sold the Audi Car to the complainant suppressing the date of its manufacturing, the complainant evaluated the aid car through Vision Squad Service Pvt. Ltd., an authorized motor vehicle valuer and the market value evaluated  Rs.44,00,000/-. The OPs refused to refund the differential amount to the complainant in spite of several approach s well as demand. Being aggrieved and dissatisfied with the unfair trade practices and deficiency of service on the part of the OPs Complainant filed the instant consumer complaint.

The OP-1 failed to file W.V within the stipulated period. As such, the case has proceeded ex parte against them.

In spite of service of notices, the remaining OPs did not turn up to contest the case. Accordingly, the case has proceeded ex parte against them.

Point for Decision

1)         Have theOPs deficient in rendering services to the Complainant?

2)         Have the OPs indulged in unfair trade practice?

3)         Is the Complainant entitled to get relief as prayed for?

Decision with Reasons

Points Nos-1 to 3

            All the points are taken up together for the sake of convenience and brevity in discussion.

            On careful study of the Consumer Complainant coupled with photocopies of the documents furnished by the complainant company purchased a Audi Vehicle bearing registration No. WB 20 AU-8999 from the OP-1 against Delivery Acknowledgement Note dated  04.12.2017 (Annexed) and the Audit car was insured with the Bajaj Allianz General Insurance Company Ltd. (Annexure-B). On perusal of Annexure A& B we find that the year of manufacturing of the subject car has been mentioned 2016 but smart card goes to show that the subject car was manufactured in the year 2015. Annexure – A, B and smart card established that there is forgery on the part of the OPs and the incident undoubtedly proved the deficiency of service and unfair trade practice on the part of the OPs. Certified copy of the Board Resolution of the date 01.12.2017 goes to show that the Complainant purchased the Audi car for the private use of is Directors only. Therefore, it is crystal clear that the subject car was not use for commercial purpose. The complainant has also undergone a tremendous harassment and mental agony for practicing fraud. Complainant also furnished examination in chief of DebabrataAcharjee, Registered Automobile Valuer. He evaluate the subject car on 13.03.2018 at 05.10 Pm and assessed its market value Rs.44,00,000/-. Certificate of Vision Squads Services Pvt. Ltd. also corroborated the evidence of DebabrataAcharjee.

            Complainant and their witness corroborate the case by advising evidence on affidavit as well as providing documents. The evidendence  ofhe Complainant and their witness remain unchallenged and uncontroverted. In absence of any contrary and controverting materials on record and having regard to the documents on record, we are of the opinion that the complainant has been able to prove their case. As such, the complainant is entitled to get relief as prayed for. Thus, all the points under determination answered in the affirmative.

In result, the case succeeds.

Hence,

Ordered

That the complaint case be and the same is allowed ex parte against the OPs with litigation cost of Rs.5,000/- (Rupees five thousand) only.

The OPsare jointly and severally directed to refund excess amount of Rs.17.50,000/- (Rupees seventeen lakhs fifty thousand) only to the complainant within 30 days from the date of this order with litigation cost.

OPs are jointly and severally further directed to pay Rs.25,000./- (Rupees twenty five thousand) only to the complainant for causing harassment and mental pain and agony within the stipulated period.

OPs are jointly and severally directed to deposit Rs.10,000/- (Rupees ten thousand) only to this Forum as punitive damage for practicing unfair trade within the specified period.

Liberty be given to the complainant to put the order in execution if the OPs transgress to comply the order.