F I N A L   O R D E R

This case has filed by the complainant U/S 12 of the Consumer Protection Act, 1986 with the prayer, directing the O.P. No.1 to hand over the vehicle bearing No.WB-59A/1990 or to return back the amount of Rs.90,000/- with 9% interest, to pay Rs.50,000/- as compensation for mental agony and harassment, to pay Rs.10,000/- as cost of the case and other relief.

The complainant’s case in brief is that the complainant was intend to purchase one vehicle (old) paid Rs.90,000/- as an advance out of total settlement price of Rs.2,22,000/- to the O.P. No.1, who was/ is the proprietor of Laxmi Narayan Car Traders, Vivekananda More, Kaliyaganj, Uttar Dinajpur, was dealing with the business of old and new car sales. Against paid amount of Rs.90,000/-, the O.P. No.1 issued Sale/ Advance receipt prepared by his own hand writing and signed on the said paper. The complainant was promised to to hand over the vehicle within a month from the date of issuing of money receipt but after elapsed of one month the complainant approached the O.P. No.1 for several occasion to deliver the vehicle mentioned above, but on various pretext the O.P. No.1 was taking time for delivery of the vehicle to the complainant. The complainant was also sent legal notice to the O.P. No.1 by Registered Post with a request to return back the advance paid  amount but the said postal envelop returned back as unserved with postal remark as “Left”, on 25.08.2014 and for such the act of O.P. No.1, the complainant has been suffering mental pain, agony and monetary loss. Finding no alternative the complainant was forced to come before this Forum.

The O.P. No.1 neither appeared nor contested the case as such the case is heard ex-parte against the O.P. No.1.

The O.P. Nop.2 has appeared and contested the case without filing any W.V.

DECISIONS WITH REASONS

To prove the case, the complainant has submitted memo of evidence supported by affidavit, oral evidence, advanced payment receipt, copy of Registration Certificate of the vehicle in question, two Registered post with acknowledgement with unserved envelop and daily news paper regarding the notice to acknowledge to the O.P. No.1.

O.P. No.2 appeared and contested till disposal of the case but did not file W.V. on her behalf.

On perusal of complaint, documents, evidences adduced by the complainant and considered the argument advanced by both the contesting parties, it reveals that the complainant was intend to purchase one old vehicle, was entered into an agreement with the O.P. No.1 who was the proprietor of “Laxmi Narayan Car Traders”, Vivekananda More, Kaliyaganj, Uttar Dinajpur, was dealing with the business of old and new vehicle sales. As per agreement between the parties for purchasing an old vehicle the complainant paid Rs.90,000/- on 12.10.2012 to the O.P. No.1 out of total settled price of Rs.2,22,000/- which includes Tax, Insurance, Registration charges, etc. and the vehicle number, model, mark, engine and chassis number are also mentioned in the advance receipt and every column of the advance receipt was written and signed by O.P. No.1 with the counter signed by the complainant. From the complaint and evidence on record it appears that the O.P. No.1 was agreed to deliver the vehicle, mentioned in the advance payment receipt within one month from the date of issue of advanced receipt. But good amount of correspondences done with the O.P. No.1 regarding the delivery of vehicle, the O.P. No.1 on various pretexts were taking time to deliver the vehicle as per agreement. Thereafter legal notice was sent to the O.P. No.1 on the same address mentioned above were also returned back as unserved with the postal remark “Left”. Finding no alternative the complainant after taking permission from this Forum, notice was published through daily newspaper named as “Uttarer Saradin” dated 13.02.2015 but till date O.P. No.1 did not turn up.

Be it mentioned here that O.P. No.2 was/ is the owner of the vehicle in question, which specifically mentioned in the advance receipt as well as copy of registration certificate, who has no role in this case but sanctify of the case, the complainant has impleaded the O.P. No.2 as party to the case and the complainant has prayed no relief against the O.P. No.2 as per his complaint and evidence.

In view of the discussions hereinbefore it reveals that the O.P. No.1 deliberately avoid to receive notices and hide himself for the time being as he thinks that the complainant will not be able to trace me and then I will be in a safe position.

People should more conscious from the deceitful persons who are focus themselves in the society as a gentlemen, concealment by deceptive manner, but we saw that when the persons disillusioned then they have already lost themselves by the cheaters.

In view of this case we are of opinion that the complainant has proved his case as a consumer. On the other hand the O.P. No.1 was deficient in service and also unfair trade practice for which the complainant has been suffering financial loss, mental and agony. The complainant is entitled to get an award as prayed for, compensation and litigation cost.

Fees paid is correct.

Hence, it is

ORDERED,

That the complaint case being No.CC-88/2014 is allowed in part as ex-parte against O.P. No.1 and dismissed on contest against O.P. No.2 without cost. The complainant do get an award directing the O.P. No.1 to deliver the vehicle bearing No. WB-59A/1990 or to return back the advance paid amount Rs.90,000/- together with 9% interest, to pay Rs.10,000/- compensation for financial loss, mental pain and agony and Rs.1,000/- as litigation cost within one month from the date of this order till the date of full realization; failing which total awarded amount will carry interest @ 10% from the date of filing of complaint till full realization. The complainant is at liberty to put this order in execution according to law.

Copy of this order be supplied to each parties each free of cost.