1. This is a complaint filed by Tapan Kumar Dari against the Dealers of Maruti Car (OP 1 and OP 2)  on 18.09.2019 on the ground that the Ops who received a sum of Rs. 12,73,766/- (Rupees twelve lakh seventy three thousand seven hundred sixty six)  with futile assurance to make delivery of a Maruti S-Cross Car priced at Rs. 11,32,812/- (rupees eleven lakh thirty two thousand eight hundred twelve) has only refunded Rs. 10,00,000/- (Rupees ten lakh) and has refused to refund the rest amount of Rs. 2,73,766/- (Rupees two lakh seventy three thousand seven hundred sixty six) and although the said booking was subsequently cancelled by the complainant. This is why he has filed this case for refund, compensation and costs.
2. The Ops have contested the case by filing W/V. It is stated in the W/V that refund of Rs. 2,73,766/- (Rupees two lakh seventy three thousand seven hundred sixty six) could not be made due to the failure of the part of the complainant to show up the receipts. The Ops however have prayed for dismissal of the case on the aforesaid ground.
3. The only point which needs to be decided in this case is whether the complainant is entitled to get back a sum of Rs. 2,73,766/- (Rupees two lakh seventy three thousand seven hundred sixty six) or not.
4. In support of his case the complainant has filed the Affidavit in Chief, BNA together with statement of account issued by the Ops for the period from 01.04.2017 to 09.04.2018 and copy of receipt granted by the Ops in respect to Rs. 11,328/- for TCA Charge. The Ld. Advocate appearing for the Ops have abstained from changing those documents/papers. Therefore the documents produced by the complainant said unchallenged. On careful perusal of those documents, it appears that the payment of Rs. 2,73,766/- (Rupees two lakh seventy three thousand seven hundred sixty six) was made in Demand Draft and Cash and Ops accepted those payments from the complainant. Thus it becomes crystal clear that only for the sake of contesting the case the Ops had challenged the case of the complainant on the concocted plea that those payments were not supported by receipts.
5. During the case of argument the Ld. Advocate appearing for the Ops have also gone soft when his attention was attracted by the Ld. Advocate of the complainant to the receipts of the aforesaid two amounts. As a matter of fact, the Ops are helpless in so far as the case of the complaint touching upon the aforesaid amount of Rs. 2,73,766/- (Rupees two lakh seventy three thousand seven hundred sixty six) is concerned. Therefore, there will be a direction to the Ops for refunding the said amount to the complainant with interest with effect from the date of cancellation of the agreement i.e. on 07.07.2018.
6. The case is thus disposed of with the following direction :-

The Ops will pay Rs. 2,73,766/- (Rupees two lakh seventy three thousand seven hundred sixty six) with interest @ 10% per annum with effect from the date of payment till recovery to the complainant within a period of 30 days hence, failing which the amount will accrue interest @ 12% per annum.

The Ops will also pay consolidated amount of Rs. 20,000/- as litigation cost and Rs. 20,000/- (Rupees twenty thousand) only as compensation for causing pain and agony to the complainant within a period of 30 days hence, failing which the amount will accrue interest @ 12% per annum.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT