In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.73/2010
1) Krishna Dayal Ghosh,
5/32, Paschim Putiary, Kolkata-41. ---------- Complainant
---Versus---
1) Richie Motors,
51/1A, Sarat Bose Road,
Kolkata-25, P.S. Bhowanipur. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 18 Dated 31/05/2013.
The case of the complainant in short is that the son of the complainant Dr. Subha Ghoshis is an Assistant Professor at Columbus University and came in India for a short period of time and gifted the E-4 Xylo car, manufactured by Mahindra to his parents, i.e. the complainant and on the basis of the advertisement of the o.p. the complainant contacted with them for purchase of the said car and since the son of the complainant was in hurry and handover the keys to his parents before going back to USA.
It was agreed between the parties that the o.p. will handover the car on receipt of Rs.1,25,000/- (Rs.1,00,000/- by cheque and Rs.25,000/- by cash) and balance of Rs.6,50,000/- by an undated cheque which be dated and cleared as soon as necessary amount is transferred to the account of the complainant from the account of his son residing in USA electronically shall be transferred and accordingly the on road price of the car was fixed as Rs.7,75,000/- and the complainant duly paid the said amount and the o.p. received the said amount from the complainant in all through cheque and cash.
Unfortunately even in spite of taking delivery of the car on 1.10.09 on payment of Rs.1,25,000/- and on 6.10.09 remaining money was electronically transferred to the account of the complainant and immediately withdrawn by the o.ps., the said o.ps., took one month after full payment to register the vehicle although the complainant frequently visited with the office of the o.ps. and surprisingly the complainant came to know that actually the o.p. is the middle dealer and got the car from Mohon Motors, who will actually do work of registration formalities because of non payment of the necessary amount to the said Mohon Motors by the o.p. though the o.p. received the entire amount from the complainant in full for which the registration process was delayed.
The complainant insisted to the o.ps. to pay Mohon Motors in full and arrange for immediate registration but the o.ps. gave all false assurance about number plate, registration etc. on the pretext of doing the so today or tomorrow and ultimately the complainant talked to Mohon Motors over phone and placed a bogus calculation sheet showing dues of Rs.16,314/- payable by the complainant to Mohon Motors and by sending another letter, Mohon Motors gave calculation sheet demanding Rs.14,345/- as the remaining amount due to them from Richie Motors even some of the post dated cheques given to them by the Mohon Motors and ultimately the complainant paid the amount of Rs.14,345/- to Mohon Motors and get the papers including registration certificate etc. but the o.p. refused to provide the music system and fog light.
Another problem was cropped up that an insurance cover note for the car issued by M/s Royal Sundaram Alliance Insurance Co. Ltd. and by letter dt.24.11.09 the complainant came to know that the cover note issued by them stand cancelled as the cheque for Rs.26,696/- give by the o.p. was bounced for insufficient balance and for which the complainant had to purchase another insurance from Bajaj Allianz General Insurance Co. Ltd. on 10.12.09. All these unwanted activities of the o.ps. caused extreme harassment and mental agony to the complainant and in order to get redress the complainant filed the present case against the o.ps. with the prayer contained in the petition of complaint.
O.p. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and we find that the son of the complainant Dr. Subha Ghoshis is an Assistant Professor at Columbus University and came in India for a short period of time and gifted the E-4 Xylo car, manufactured by Mahindra to his parents, i.e. the complainant and on the basis of the advertisement of the o.p. the complainant contacted with them for purchase of the said car and since the son of the complainant was in hurry and handover the keys to his parents before going back to USA.
We further find from the record that it was agreed between the parties that the o.p. will handover the car on receipt of Rs.1,25,000/- (Rs.1,00,000/- by cheque and Rs.25,000/- by cash) and balance of Rs.6,50,000/- by an undated cheque which be dated and cleared as soon as necessary amount is transferred to the account of the complainant from the account of his son residing in USA electronically shall b e transferred and accordingly the on road price of the car was fixed as Rs.7,75,000/- and the complainant duly paid the said amount and the o.p. received the said amount from the complainant in all through cheque and cash.
It is seen from the record that unfortunately even in spite of taking delivery of the car on 1.10.09 on payment of Rs.1,25,000/- and on 6.10.09 remaining money was electronically transferred to the account of the complainant and immediately withdrawn by the o.ps., the said o.ps., took one month after full payment to register the vehicle although the complainant frequently visited with the office of the o.ps. and surprisingly the complainant came to know that actually the o.p. is the middle dealer and got the car from Mohon Motors, who will actually do work of registration formalities because of non payment of the necessary amount to the said Mohon Motors by the o.p. though the o.p. received the entire amount from the complainant in full for which the registration process was delayed.
It is also seen that the complainant insisted to the o.ps. to pay Mohon Motors in full and arrange for immediate registration but the o.ps. gave all false assurance about number plate, registration etc. on the pretext of doing the so today or tomorrow and ultimately the complainant talked to Mohon Motors over phone and placed a bogus calculation sheet showing dues of Rs.16,314/- payable by the complainant to Mohon Motors and by sending another letter, Mohon Motors gave calculation sheet demanding Rs.14,345/- as the remaining amount due to them from Richie Motors even some of the post dated cheques given to them by the Mohon Motors and ultimately the complainant paid the amount of Rs.14,345/- to Mohon Motors and get the papers including registration certificate etc. but the o.p. refused to provide the music system and fog light.
It transpires from the record that another problem was cropped up that an insurance cover note for the car issued by M/s Royal Sundaram Alliance Insurance Co. Ltd. and by letter dt.24.11.09 the complainant came to know that the cover note issued by them stand cancelled as the cheque for Rs.26,696/- give by the o.p. was bounced for insufficient balance and for which the complainant had to purchase another insurance from Bajaj Allianz General Insurance Co. Ltd. on 10.12.09. All these unwanted activities of the o.ps. caused extreme harassment and mental agony to the complainant.
In view of the findings above and on perusal of the entire materials on record we find that o.p. had sufficient deficiency in service being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. O.p. is directed to pay a sum of Rs.65,591/- (Rupees sixty five thousand five hundred ninety one) only to the complainant in the context of the facts and circumstances disclosed above and compensation of Rs.15,000/- (Rupees fifteen thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 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.
