DATE OF DISPOSAL: 02.05.2024

SRI SATISH KUMAR PANIGRAHI, PRESIDENT:

               The fact of the case in brief is that the complainant has filed this Consumer complaint Under Section 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the Opposite Party  (in short O.P.) for redressal of his grievance before this Commission.

            2. The complainant purchased a two wheeler Honda Activa 6G from the O.P. on 17.11.2023 for which he deposited cash Rs.1,01,000.00 bearing receipt number 6882 for Rs.99,000/- and receipt No. 6883 for Rs.2000/-. Thereafter the O.P. handed over five numbers of invoice on different head of account which comes to total amount of Rs.1,00,136.00. The complainant came to know after receipt of said invoices that the O.P. billed twice for the item extended warranty bearing code number: 999799 for Rs.878/-. It comes to the knowledge of the complainant that the O.P. has collected Rs.864/- more from the complainant on 17.11.2023 as per receipts mentioned above. The complainant orally submitted that he had approached the O.P. to refund the excess amount of Rs.864/- and Rs.878/- towards extended warranty. But the O.P. did not pay any heed to it. Being aggrieved the complainant filed this complaint for unfair trade practice of the O.P.

            3. The Commission admitted the case and issued notice to the Opposite Party but after providing several opportunities the O.P. did not turn up and not appeared in the Commission and not challenged the complaint within the stipulated time period for which the Commission declared the O.P. as exparte on 16.04.2024.

            4. On the date of hearing the Commission heard from the complainant and perused the complaint petition, affidavit, written argument and documents available on case record. On the evolution of the evidence available in the record, the O.P. has collected Rs.864/- from the complainant vide receipt No. 6882 & 6883 dated 17.11.2023. Similarly the O.P. collected Rs.878.01 paisa from the complainant by using HSN/SAC code for the purpose of extended warranty and accessories bill. In view of the above context the O.P. has collected Rs.1742.01 paisa from the complainant by adopting unfair trade practice and non refund of the amount when approached by the complainant being senior citizen timely is tantamount to deficiency in service.

            5. To redress the instant matter the complainants in this old age approached the Commission to file this case and attended the Commission on the scheduled date and incur huge costs.

            6. Resultantly the Commission allows the complainant against the Opposite Party for unfair and deficiency in service. The O.P. is directed to refund the amount of Rs.1742/- together with Rs.5000/- towards compensation and litigation cost to the complainant within 45 days from the date of receipt of this order failing which all the dues shall carry 12% interest per annum till its actual date of realization from the date of filing of this case i.e. on 12.01.2024 and the complainant is at liberty to take appropriate steps in accordance to the Consumer Protection Act, 2019 for realization of all dues.

This case is disposed of accordingly.

The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019.

The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on 02.05.2024