BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI.
C.C. No. 05 / 2020
Present: Miss Sudhiralaxmi Pattnaik - President I/c.
Sri Purna Chandra Tripathy - Member.
Satyanarayana Kanhar, aged about 61 year
S/O: Late- Narashigha Kanhar
AT/PO: Nadikhandi Sahi, PS- Sadar, Phulbani.
Dist: Kandhamal ……………….Complainant.
- Versus-
Proprietor, Prayog Ventures Pvt. Ltd.
Authorized Dealer of Mahindra Tractor
At-Plot No-2947, Near Saptasati Temple,
Cuttack- Puri Bypass Road, Pandara,
NH-203, Bhubaneswar ……………….Opposite Party.
For the Complainant: Self
For the Opp. Parties: Ex-Parte
Date of order: 25th February 2021
The brief fact of the case is that, the OP is the authorized dealer of Mahindra Tractor having its showroom at Bhubaneswar who running is business throughout Odisha for sale of tractor. On the other hand the complainant wanted to purchase a tractor in order to employed his son, so the complainant had contacted with the Opposite Party over phone for purchase of a tractor. Thereafter on dated 22/06/2020 one of the agent of OP came to the Complainant narrated the detail features of the tractor and cost of the tractor at Rs. 7, 50,000. Being convinced, the complainant instantly paid Rs 70,000/- through a cheque bearing No. 989891 dtd. 25/06/2020 to the OP through his agent towards the advance for the tractor.
The cheque amount of Rs. 70,000/- was credited to the account of OP and after received the advance money n, the OP assured the complainant for early delivery of the tractor with trolley. But later the OP neither respond the complainant nor did the OP deliver the tractor & trolley. Also put deaf ear on the demand of the complainant for refund of the advance money of Rs. 70,000 to the Complainant. So the present complaint filed by the complainant with a prayer for issue direction to the OP to refund the advance money of Rs. 70,000/- , apart from the complainant also prayed for grant compensation of Rs 5,000/- towards mental agony and Rs. 10,000/- for cost of litigation. Accordingly the complaint admitted and issued notice to the OP for appearance and filling of version. The notice return back with an endorsement as “LEFT”. The complainant claimed before the commission that the given address is the correct address and submit that the OP intentionally not received the notice. Upon such the commission pleased to direct the complainant for publish the notice in any daily odia news paper. Accordingly the notice published in SAKALA DAILY ODIYA NEWS paper on dated 06/01/2021 and the complainant paid the cost to the news agency for the publication. That even if such publication in news paper, the OP did not appear or filed the version in his support. Hence on dated 18/01/2021the OP was declared set ex-parte, thereafter the complainant filed his evidence in shape of affidavit along with relevant documents. We heard the complainant in length and perused the case record and other relevant documents available in the case record. We are of the considered view that the complainant has paid an amount of Rs 70,000/- towards the advance for purchase of a tractor through a cheque and the OP after received the advance money did not respond the complainant nor taken any steps for delivery of the tractor or refund the advance amount . From the averment facts and circumstances it is well proved that there is a gross negligence and deficiency in service towards the complainant, apart from that it is also found there is an unfair trade practice done by the OP with the complainant. Hence order.
O R D E R
The Complainant case is allowed against the OP, therefore the OP is directed to refund the advance money of Rs. 70,000/- with interest @ 9% P.A from 25/06/2020 to till the date of payment to the complainant. Further directed to pay Rs. 10,000/- for unfair trade practice and Rs 10,000/- towards compensation and 5,000/- for litigation cost respectively within 45 days from the receipt of this order. Failing which all dues shall carry 12% interest from the date of receipt of this order till the date of payment.
The Order is pronounced in the open court on the day of 25th February 2021. Accordingly the C.C disposed off. Free copy of this order be supplied to the parties.
MEMBER PRESIDENT
