Order No.  12  dt.  01/08/2017

       The case of the complainant in brief is that the complainant purchased a 2^nd hand car from o.p. at a price of Rs.3 lakhs. The complainant was asked to pay 80% of the price of the car in advance and accordingly the complainant paid the amount. After payment of 80% of the amount while the complainant demanded the car the o.p. assured the complainant that the car will be handed over very soon. The complainant finding no other alternative requested the o.p. to refund the amount of Rs.2 lakhs. Since the complainant was refunded the amount of Rs.30,000/- in two installments by o.p. as such, the complainant asked for refund of Rs.2 lakhs from o.p. The complainant thereafter made a complaint to Asstt. Director, CA & FBP, Govt. of West Bengal whereby o.p. admitted that they will refund the amount of Rs.1,77,000/- after making deduction of service charge. Subsequently the complainant was paid Rs.25,000/- by a demand draft by o.p. for which the complainant filed this case praying for direction upon the o.p. for refund of the balance amount of Rs.1,75,000/- and compensation and litigation cost of Rs.15,000/- each.

            The o.p. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that in order to get the benefit of refund of the amount the complainant ought to have filed the money suit praying for decree for the said amount of Rs.1,75,000/-. It was alleged by o.p. that in order to have the illegal gain against o.p. the complainant filed this case and accordingly o.p. prayed for dismissal of the case.

            On the basis of the pleadings of parties the following points are to be decided:

1. Whether the complainant paid an amount of Rs.2 lakhs to o.p. for purchasing a car?
2. Whether the o.p. failed to provide the car and failed to refund of the amount?
3. Whether there was any deficiency in service on the part of o.p.?
4. Whether the complainant will be entitled to get the relief as prayed for?

Decision with reasons:

            All the points are taken up together for the sake of brevity and avoidance of repetition of facts.

            Ld. lawyer for the complainant argued that the complainant in order to purchase a 2^nd hand car from o.p. booked one car and the price of the car was fixed at Rs.3 lakhs. It was told by o.p. that the complainant should pay 80% of the price of the car in advance and after the payment of the said amount the car will be delivered. The complainant paid the amount by installments and after receiving the amount of Rs.2 lakhs the complainant did not receive the car from o.p. for which the complainant had to file this case praying for direction upon the o.p. for refund of the amount paid by him along with other reliefs.

            Ld. lawyer for the o.p. argued that the case of the complainant is for recovery of the money and for getting relief the complainant ought to have filed a money suit before a competent civil court and this Forum has no jurisdiction to entertain the case. On the basis of the said fact o.p. prayed for dismissal of the case.

            Considering the submissions of the respective parties it is an admitted fact that the complainant entered into an oral contract with o.p. for purchasing a 2^nd hand car and as per the direction of o.p. the complainant paid the amount of Rs.2 lakhs by way of installments. After the payment of the said amount the complainant requested the o.p. for delivery of the vehicle but the o.p. took time and ultimately the complainant being frustrated to have the car for the disabled brother and aged mother the object of purchasing car was frustrated due to non cooperation made by o.p. The complainant thereafter requested the o.p. for refund of the amount but o.p. ignored the request of the complainant. Since the amount was paid by the complainant for purchasing a car and the same was not provided by o.p. which was a gross deficiency in service as well as unfair trade practice on the part of o.p. therefore we hold that the complainant will be entitled to get back the amount paid by him to o.p. It appears from the record that the complainant paid in total amount of Rs.2 lakhs and out of the said amount o.p. refunded him Rs.25,000/- by way of demand draft. Therefore the complainant will be entitled to get the balance amount along with compensation. Thus all the points are disposed of accordingly.

            Hence, ordered,

            That the CC No.09/2016 is allowed on contest with cost against the o.p. The o.p. is directed to refund a sum of Rs.1,75,000/- (Rupees one lakh seventy five thousand) only to the complainant along with compensation of Rs.30,000/- (Rupees thirty 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.