1. Manas Guha Roy Chowdhury,

64/2, Pikpara 1^st Row,

P.S. Chitpur, Kolkata-37._________ Complainant

____Versus____

1. 1. M/s Nikunj Automobile Ltd.

71, Chakraberia Road,(North) Ground Floor,

P.S. Bhawanipur, Kolkata-20.

2. Mr. Amit Srivastava – M.D. representing 

M/s Nikunj Automobile Ltd.

71, Chakraberia Road,(North) Ground Floor,

P.S. Bhawanipur, Kolkata-20. ________ Opposite Parties

Present :           Dr. Subir Kumar Chaudhuri, Member.

                        Smt.  Samiksha Bhattacharya, Member

Order No.   13    Dated  29/07/2016.

       The case of the complainant in short is that being attracted by advertisement of o.ps. in the daily newspaper complainant contacted with their office for car finance. O.p. company asked the complainant to pay the initial deposit of Rs.1,94,633/- to buy a Tata Indica. O.ps. assured the complainant that they would finance the balance amount shortly. Accordingly, complainant deposited a sum of Rs.1,94,633/- by cheque on 12.12.12 and o.p. issued their receipt being no.655 dt.14.12.12 and the same was received by Chief Cashier of o.p. under seal and signature. Thereafter complainant contacted with o.ps. several times to have a car of his own, but no positive response came from the side of o.ps. O.ps. sent an advocate’s letter dt.21.9.13 acknowledging the complainant’s car booking and mentioned some complications regarding the delivery of the car. They referred that some papers were supposed to be obtained by them. O.ps. also offered the complainant that complainant may send letter of cancellation of the said agreement for delivery of the vehicle in question. It was also mentioned in the advocate’s letter the deposited money would be returned within 15-45 working days. Due to prolong delay and their attitude complainant opted for cancellation of the booking and sent a letter dt.3.6.13 which was duly received by o.ps. under their seal and signature. The men and agents of o.ps. received the letter and assured in writing that refund would be made within 15-45 days and it was written on the body of the complainant’s letter. On 13.6.13 complainant sent an advocate’s letter for early refund. Then o.ps. also issued letter dt.17.7.13 and again affirmed that payment would be made within stipulated period. Compliannt contacted with o.ps. at their office for refund. O.ps. told the complainant that the cheque was sent for signature and the same would be sent to him soon. But o.ps. did not send any cheque. O.p. again issued a letter dt.26.8.13 approving the cancellation and also stated that two cheques were being ready but one of their Director was out of station, so the cheques were unsigned. They also stated that the Director would come in the 3^rd or 4^th week of Sept. 2013 and then the cheques would be sent. Then complainant again sent advocate’s letter. On 7.10.13 o.ps. again sent an advocate’s letter mentioning that the two cheques being nos.000209 of Rs.26,533/- dt.31.10.13 and 000210 of Rs.1,40,000/- were ready and complainant was requested to collect the said cheques. Cheques were post dated cheques. Then complainant went to the office of o.ps. to collect the cheques but each and every time they told the complainant to come after 2-3 days. Finding no other alternative complainant filed the instant case with prayer for refund of Rs.1,94,633/- with interest along with compensation and cost.

            O.ps. did not contest the case by filing w/v and as such, matter was heard ex parte against the o.ps.

Decision with reasons:

            We have gone through the evidence of complainant and documents in particular. It is admitted fact that complainant paid Rs.1,94,633/- by cheque as booking amount for a car to o.ps. O.ps. issued a receipt being no.655 dt.14.12.12. It is also admitted fact that o.ps. assured him that the balance amount of the car finance would be arranged by them. Complainant waited for a long to have a car of his own, but o.ps. firstly on 21.9.13 informed the complainant that there are some complication for some papers and for that purpose they offered the complainant for sending them a letter of cancellation of the said agreement for delivery of the vehicle in question. Being frustrated by the act of o.ps. the complainant opted for cancellation of the booking of the car and that cancellation letter was received by o.ps. on 3.6.13. O.ps. assured the complainant that they would refund the amount within 15-45 working days. Thereafter o.ps. took different dillydallying tactics. Complainant went from pillar to post to get back his deposited amount but in vain. Due to unchallenged testimony we have nothing to disbelieve the documents adduced by complainant and we find unfair trade practice and deficiency in service on the part of o.ps. and complainant is entitled to relief.

            Hence, ordered,

            That the case is allowed ex parte with cost against the o.ps. O.ps. are jointly and/or severally directed to refund the complainant a sum of Rs.1,94,633/- (Rupees one lakh ninety four thousand six hundred thirty three) only towards the deposited amount and are further directed to pay compensation of Rs.60,000/- (Rupees sixty thousand)  only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.          

            Supply certified copy of this order to the parties free of cost.