West Bengal

Maldah

CC/74/2017

Sajjad Ahamed - Complainant(s)

Versus

S.N.Tractors, Authorized Dealer Of Mahindra Tractor, - Opp.Party(s)

Suhasis Chakraborty , Sourabh Sarkar

10 Dec 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MALDAH
Satya Chowdhury Indoor Stadium,DSA Complex.
PO. Dist.- Maldah
Web site - confonet.nic.in
Phone Number - 03512-223582
 
Complaint Case No. CC/74/2017
( Date of Filing : 02 Nov 2017 )
 
1. Sajjad Ahamed
S/o Md.Kalam Azad, Vill.-Bindugram, PO.-Beniagram, PS.-Farakka,
Murshidabad,
West Bnegal
...........Complainant(s)
Versus
1. S.N.Tractors, Authorized Dealer Of Mahindra Tractor,
Represented by Susil Agarwala, N.H.-34, Narayanpur, PO.-Dhumadighi, PS.-Malda,
Malda,
West Bengal
2. Mahindra & Mahindra Ltd.,
Farm Equipment Sector, Farm Division, 7 Kyd Street, 3rd Floor,
Kolkata
West Bnegal
3. The Branch Manager, Mahindra & Mahindra Financial Services Ltd.,
Malda Branch, N.H.-34, Rathbari,Beside Chnakya Hotel,
Malda,
West Bnegal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Swapan Kumar Datta PRESIDENT
 HON'BLE MRS. Syeda Shahnur Ali MEMBER
 HON'BLE MR. Swapan Kumar Roy MEMBER
 
For the Complainant:Suhasis Chakraborty , Sourabh Sarkar, Advocate
For the Opp. Party: Amitava Maitra, Advocate
Dated : 10 Dec 2019
Final Order / Judgement

The fact of the case as revealed from the petition of complaint as well as evidence is that the complainant purchased a tractor of Model No. 605 Novo+ Bull, Colour Red, TC No. WB65/TC -544 from the O.P. No. 1 showroom on 12.01.2017 at a price of Rs. 14,29,000/- (Rupees Fourteen Lakh Twenty Nine Thousand Only) which included the cost of registration and Insurance Premium of Rs. 25,000/- (Rupees Twenty Five Thousand Only). It has been further stated by the complainant in evidence is that the complainant paid Rs. 4,14,000/-(Rupees Four Lakh Fourteen Thousand Only) as down payment and the rest amount of Rs.9,00,000/- (Rupees Nine Lakh Only)was paid with the financial assistance of O.P. No.3 i.e. Mahindra & Mahindra Financial Services Ltd. even after payment of     Rs. 9,00,000/- (Rupees Nine Lakh Only)by way of monthly installments by the complainant to O.P. No. 3. The O.P. No. 1, (S.N. Tractor) did not hand over the documents to the complainant like registration of tractor, insurance certificate etc. for which the said purchased tractor is lying in stationery condition for more than 9(Nine) months for which the complainant is sustaining financial loss. The evidence adduced by the complainant remains unchallenged and the complainant has been able to prove the case ex parte.

C.F. paid is correct.

Hence, ordered that

the case be and the same is allowed  ex parte against the O.P. No. 1 S. N. Tractors. The O.P. No.1 is directed to handover the paper of registration certificate along with tax receipt including insurance certificate of the vehicle in question within 30 days from the date of order failing which the complainant will have the liberty to execute the order as per provision of law.

The O.P. No.1 is further directed to pay a sum of Rs. 2,43,000/-(Rupees Two Lakh Forty Three Thousand Only) as compensation on the basis of calculation of loss of income to the tune of Rs. 27,000/- (Rupees Twenty Seven Thousand Only) per month for nine months, as the vehicle was kept in stationer condition for which the complainant had to loss of incur loss of income. Beside that the complainant is entitled to get Rs.8,000/-(Rupees Eight Thousand Only).

The O.P. No.1 is directed to make payment of the aforesaid amount as ordered within 30 days from the date order failing which it will carry interest @ 5% p.a. from the date of filing of this case. Failing which complainant will have the liberty to execute the order as per provision of law for enforcement of the order.

Let a copy of this order be given to the complainant free of cost on proper application.

 
 
[HON'BLE MR. Swapan Kumar Datta]
PRESIDENT
 
 
[HON'BLE MRS. Syeda Shahnur Ali]
MEMBER
 
 
[HON'BLE MR. Swapan Kumar Roy]
MEMBER
 

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