Haryana

Bhiwani

CC/61/2024

Vipin - Complainant(s)

Versus

Narender Kr. - Opp.Party(s)

Kulddep Vashith

18 Jul 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

                   Consumer Complaint No. : 61 of 2024

                   Date of Institution             : 29.02.2024

                                                            Date of Decision               : 18.07.2024

 

Vipin son of Sh. Pawan Kumar R/o village Kharak Kalan, Tehsil and District Bhiwani.

 

          ……Complainant.

 

Versus

 

Narender Kumar alias Tikku Mistri, Shop No.107 near Petrol Pump, Haluwas Auto Market, Dadri Road, Bhiwani Tehsil and District Bhiwani.

 

….. Opposite Party

 

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-      Sh. Kuldeep Vashisth, Advocate for complainant.

                    OP exparte.

 

ORDER

 

Saroj Bala Bohra, Presiding Member.

 

1.                 Brief facts of the present complaint are that OP is a Mechanic and also deals in sale and purchase of used vehicles. Complainant, to purchase a Tata Tiago car Model 2020-21, paid Rs.2,35,000/- to the OP on 18.05.2023 through two cheques  bearing nos.000757699841 & 0007577699842 of Rs.1.00 lac each. However, the first cheque was dishonored but later on rest of Rs.1,35,000/- was paid by complainant through online system.  It is contended that neither the OP made available vehicle to him nor refunded the amount despite various efforts. Legal notice dated 12.01.2024 was served upon the OP but of no avail. Hence, the present complaint has been preferred by complainant alleging negligent behavior and deficiency in service on the part of OP resulting into monetary loss as well as mental and physical harassment.  In the end, prayer has been made to direct the OP to pay Rs.2,35,000/- or to make available the vehicle to him. Further to pay Rs.2.00 lac towards compensation for harassment and Rs.1.00 lac for loss of earning. Any other relief, to which this Commission deems fit, has also been sought.

2.                 Notices was to the OP but it did not bother to appear and was proceeded against as exparte vide order dated 27.03.2024.

3.                 Complainant in order to prove the case has placed on record his affidavit Ex. CW1/A alongwith documents Ex. A-1 to Ex. A-3 and closed the evidence.

4.                 We have heard learned counsel for complainant and perused the record carefully.

5.                 From the bank account statement of complainant (Ex. A1), it is evident that Rs.2,35,000/- have been paid by him to the OP on the alleged dates and manner stated above. Complainant in support of his case has placed on record his duly sowrn affidavit Ex. CW1/A which corroborates the facts mentioned in the complaint. Copy of legal notice has also been placed on record, contents of which also supports the case of complainant.

6.                 After hearing learned counsel for complainant and going through the documents referred above, the complaint succeeds especially when OP did not defend the complaint despite issuance of notice rather refused to take the summons and thus remained exparte from proceedings of the case. In such a situation, we have no option except to believe the version of complainant. Accordingly, we are of the view that the OP was negligent and deficient in providing proper services to the complainant.  Such act & conduct of OP has dragged the complainant into this unwarranted litigation which must have caused him monetary loss as well as mental and physical harassment. Accordingly, the complaint is allowed and OP is directed to comply with the following directions within 40 days from the date of passing of this order:-

(i)       To refund Rs.2,35,000/- (Rs.Two lacs thirty five thousand) to the complainant, alongwith simple interest @ 9% per annum from the date of filing of this complaint till its realization.

(ii)      Further to pay Rs.5000/- (Rs. five thousand) as compensation for harassment.

(iii)     Also to pay Rs.5500/- as litigation expenses.

                    In case of default, the OP shall liable to pay simple interest @ 12% per annum on the aforesaid awarded amount for the period of default. If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both. Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.    

Announced.

Dated:18.07.2024