In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 347 / 2010.
1) Smt. Chameli Bose,
842/56/1, Upen Banerjee Road, Parnashree, Kol-60. ---------- Complainant
---Versus---
1) Nitin Seth, Head Car Product Group, Tata Motors Finance Ltd.,
2nd Floor, C-33, R.K.M.W. Road, 28, Opposite ITI, Near MSC,
Thane, West Thane-MH-400604.
2) Abhijit Debnath, Manager (Finance), Tata Motors Finance Ltd.,
5/1, Munger Fort Street, Kolkata-700017.
3) Ranjit Gupta, Team Leader, K.B. Motors Pvt. Ltd.,
63-C, Circullar Road, Kolkata-700019.
4) K.B. Motors Pvt. Ltd.,
Authorises Dealer of Tata Motors & Fiat,
2/3, Judges Court Road, Alipore, Kolkata-700027.
5) Tata Motors Finance Ltd.,
C-33, Ramkrishna Metal Works Road, 28, Opposite ITI, Near MSC,
Thane, West Thane-MH-400604
Registered Office :- Nanavati Mahalaya, 3rd Floor,
18, Homi Modi Street, Mumbai-400001. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri ,MEMBER
Smt. Sharmi Basu ,MEMBER
Order No. 2 2 Dated 23/04/2012.
The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by the complainant Smt. Chameli Bose against the o.ps. Tata Motors Finance Ltd. and others. The case of the complainant in short is that Abhisek Bose, son of Sri Prabir Bose filed the instant case. Complainant booked one NANO CX car through KB Motors Pvt. Ltd. by Tata Motors Ltd. booking no.113186728 paying a sum of Rs.3809/- vide cheque no.744561 dt.24.4.09. Thereafter by letter dt.23.6.09 o.p. no.1 informed complainant about the allotment of the said car in his favour and thereafter o.p. no.5 vide letter dt.16.8.09 informed complainant that Loan A/C no.5000426901, Customer ID no.2000991190 finance amounting Rs.12 lakhs loan in 47 months. And receipt of telephonic instruction o.p. no.3 Ranjit Gupta, complainant in compliance with the instructions made a deposit of Rs.73,460/- on 13.8.10 in cash and KB Motors Pvt. Ltd. on behalf of Tata Motors and o.p. no.4 issued released order on 14.8.10 issued on KB Motors Pvt. Ltd. Further case of the complainant is that o.p. harassed complainant and complainant failed humiliated for non-delivery of the vehicle particularly when other allottee were duly delivered their vehicles within the specified dates. Hence, the case.
O.ps. had entered their appearances by filing w/v and denied all the materials allegations labeled against them and prayed for dismissal of the case.
Decision with reasons : -
We have gone through the pleadings of the parties, evidence and documents in particular. It is to be mentioned here that during pendency of this case original complainant viz. Abhisek Bose died unmarried and his mother Smt. Chameli Bose, wife of Sri Prabir Bose was substituted vide order no.3 dt.26.11.10. In course of argument it was submitted by ld. lawyers of complainant as well as for o.p. nos.3 and 4 that the vehicle in question was handed over to the complainant and complainant pressed for compensation and litigation cost only. Fact remains that complainant booked ivory white vehicle but ultimately he was not given that colour of NANO vehicle and complainant had to undergo huge stress and strain owing to the deficiency in service by the o.ps. In view of the findings above and on perusal of the entire materials of record we are of the view that the actions on the part of such reputed concern like o.ps. is highly condemnable and cannot be appreciated in any manner, whatsoever and accordingly, o.ps. had sufficient deficiency in the matter of delivery of the vehicle in question being provider to its consumer / complainant.
Hence, ordered,
That the petition of complaint is allowed against the o.ps. in part. O.ps. are jointly and severally directed to pay to complainant compensation of Rs.3,00,000/- (Rupees three lakhs) for harassment and mental agony together with interest @ 9% p.a. from the date of booking of the said car till the date of realization and o.ps. are further directed to pay to complainant litigating cost of Rs.20,000/- (Rupees twenty thousand) only within 45 days from the date of communication of this order, i.d. in interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Complainant is hereby directed to refund the amount, if any, due to the credit of the o.ps.
Supply certified copy of this order to the parties.
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MEMBER MEMBER PRESIDENT
