- Dr. Parthasarathi Das,
Flat No.1B, Mahatma Gandhi Road,
Kabardanga, P.O. R.C. Thakurani,
Kolkata-700104. _________ Complainant
____Versus____
- Nikunj Automobiles Ltd.
Akash Ganga,
71, Chakrabaria Road (North), Ground Floor,
P.S. Bhowanipore, Kolkata-20.
- Tata Capital Finance Services Ltd.
7/1, Loudon Street, Kolkata-17,
P.S. Shakespeare Sarani. _________ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 10 Dated 30-06-2015.
The case of the complainant in short is that complainant booked a Toyota Innova car on 8.9.12. As per discussion with o.p. no.1, complainant changed his booking and decided to book a new Tata Aria BS IV car on 17.10.12 for earning his livelihood through running the car for rental business. Being impressed by the representation of o.p. no.1, complainant purchased the car and the price was fixed at Rs.12,26,446/-. Accordingly, complainant paid Rs.4,22,225/- through two cheques to o.p. no.1. O.p. no.1 duly acknowledged the same by issuing proper money receipts dt.8.9.12 and 17.9.12. Complainant had taken a self employment personal loan from HDFC Bank for working capital. Thereafter, balance due amount of total consideration i.e. Rs.8,90,000/- was to be paid by complainant through another car finance loan from o.p. no.2. On 12.7.13. o.p. no.1 assured the complainant that they would deliver the said vehicle within 25 working days after encashment of the cheques. Thereafter, complainant also signed all necessary documents for hire purchase agreement with o.p. no.2 on 12.7.13. On 13.3.13 o.p. no.1 handed over a photocopy of a letter of STA WB dt.19.2.13 and promised him that he would get the vehicle along with permit within one month. But after passing of six and half months o.p. no.1 did not deliver the said vehicle to the complainant. Finding no other alternative complainant wrote a letter dt.18.10.13 to o.p. no.1 to cancel the said booking and praying for refund of booking amount in full and the same was received by o.p. no.1 on 21.10.13. In reply o.p. no.1 through its letter dt.25.11.13 stated that they would refund the booking amount after deducting the cancellation charge and other charges. After receiving the letter complainant did not accept the same and immediately replied through his letters dt.2.12.13, 14.12.13 and 23.12.13. Thereafter, o.p. no.1 replied through their letter dt.16.12.13 and 10.1.14 that after deduction of cancellation charges they would refund the booking amount in the last week of Jan 2014 of first week of Feb 2014. Again complainant sent advocate’s letter on 25.2.14 calling upon o.p. no.1 to settle the legitimate claim of the complainant within seven days from the date of receipt of the said notice which was duly received by o.p. no.1. But till date o.p. no.1 did not settle the matter. Hence, the application praying for an order directing the o.p. no.1 to deliver the said vehicle in question with all necessary documents i.e. permit, blue book, etc. in the name of the complainant or to refund the complainant Rs.4,22,225/- along with interest and compensation and cost.
Though the notices was served upon o.ps., they did not turn up. So, the matter was fixed ex parte as against the o.ps.
Decision with reasons:
We have gone through the evidence of the complainant and documents in particular. It is admitted fact that complainant booked a Tata Aria BS IV car on 17.10.12 and accordingly complainant deposited two cheques amounting to Rs.3,71,745/- on 8.9.12 and Rs.50,480/- on 17.10.12 i.e. in total he paid Rs.4,22,225/- to o.p. no.1. We have observed that complainant approached before HDFC Bank for self employed professional loan. Complainant has also annexed the documents which show that he has also applied for loan from o.p. no.2. From all the documents it is evident that till 18.10.13 i.e. more or less one year after depositing the advance amount to o.p. no.1, they did not deliver the vehicle in question to the complainant. Finding no other alternative complainant had to apply before o.p. no.1 for cancellation of the car and requested o.p. no. to refund the money along with compensation as soon as possible. That letter was duly received by o.p. no.1 on 21.10.13 with their seal and signature. They have also written that “Refund your amount within 15 to 45 working days”. They have also sent a letter dt.25.11.13 to that effect. They have stated in that letter that they would deduct the cancellation charge and other charges. Complainant denied their terms since even after one year they did not deliver the car to the complainant. So, we find gross negligence and deficiency in service on the part of o.p. no.1.
O.p. no.2 has no part to deal with the instant matter and complainant has not prayed anything from o.p. no.2. So, in our view there is no deficiency in service on the part of o.p. no.2.
In view of above, complainant has substantiated his case and is entitled to relief as prayed for.
Hence, ordered,
That the case is allowed ex parte with cost against o.p. no.1 and dismissed without cost against o.p. no.2. O.p. no.1 is directed to refund a sum of Rs.4,22,225/- (Rupees four lakhs twenty two thousand two hundred twenty five) only to the complainant and is further directed to pay compensation of Rs.40,000/- (Rupees forty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five 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.
