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.275/2012.
1) Ms. Pranab Kumar Sahu,
B/1/12 DiamondPark, P.O. Joka, Kolkata-14. ---------- Complainant
---Versus---
1) SHIVA Consultants,
Indra Puri Apartments,
70/1, Hazra Road, Kolkata-19. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 13 Dated 26-09-2013.
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant with the desire to purchase one Beat 1.2 car, went to the office of o.p. on or about 2.9.10 and enquired about the procedure of sanction of loan for purchase of the said car and the details of the procedure for procurement of the vehicle by hiring service of o.p. and called for related literature which were not issued to the complainant on the ground of non availability in the stock.
O.p. stated that he will render all possible services to arrange loan for purchase of car if the complainant procures the same through them only and also stated that for this the complainant will have to pay a sum of Rs.50,000/- as margin money against the car loan to be arranged by o.p. and complainant out of good faith and putting full reliance on the o.p. paid a sum of Rs.50,000/- as margin money which was received by o.p. vide its cash receipt no.265 dt.27.9.10.
Thereafter, complainant made several requests stating interalia that he will not purchase the car and to refund the margin money so deposited and waited till 14.9.11. But o.p. did not respond. Finding no other alternative complainant was compelled to apply in writing for refund of the margin money along with interest to the o.p. vide his letter dt.14.9.11, since the o.p. failed and neglected to execute any agreement or to give delivery of the car even after lapse of one year.
O.p. in response to the said letter of the complainant dt.14.9.11 being annex-A/2 to the complaint issued a letter being no.40651091/92/93 dt.20.9.11 stating interalia that the complainant is only entitled to refund of Rs.4789/- by incorporating a statement of account.
It is evident from the said letter dt.20.9.11 that o.p. deducted insurance amount of Rs.9605/- from the margin money. It is worth mentioning that neither the complainant purchased any car nor signed any insurance proposal. Since no car was delivered, no registration certificate of the car was issued and on Road Tax was paid to the Govt. by complainant and no proposal for insurance was signed by complainant the deduction of Rs.9605/- on account of insurance is highly irregular and this attracts the provision of C.P. Act, 1986. To avoid the legal complications arising out of deficiency in service and unfair trade practices the o.p. has deducted the said amount of Rs.9605/- unauthorizedly and arbitrarily without having any sanction of law. This is a deceptive and unfair method adopted by o.p. with the intention to grab the public money and this tantamount to unfair trade practice as defined in the C.P. Act, 1986.
O.p. did not enclose the necessary documents namely insurance policy, tax token, blue book, cash receipt of insurance company for proper appreciation of the contention and intention and transparency as to the calculation made in support of the statement of account prepared by them. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. had entered its 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:
In view of the findings above and on perusal of the entire materials on record we find that o.p. had 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.4789/- (Rupees four thousand eight hundred and eighty nine) only towards the amount paid by complainant and is further directed to pay to the complainant compensation of Rs.5,000/- (Rupees five thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two 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.
