Order-10.
Date-19/05/2015.
Complainant Durga Chatterjee by filing this complaint submitted that complainant purchased an INOVA car being Regd. No. WB 06 D – 1169 from the op at the cost of Rs. 7 lakh on 28.08.2014 and as per agreement between the parties, complainant paid at first a sum of Rs. 2,66,000/- by cheque and the complainant also deposited Rs. 2,34,000/- to the op’s bank account and also paid Rs. 2 lakh by cash on 28.07.2014 and op agreed that on or before 31.12.2014 after releasing the said car from the financer the op shall have to hand over the said car to the complainant not only that the op also agreed that if the op failed to hand over the said car within 31.12.2014 op would pay Rs. 400/- per day for delay to hand over the said car to the complainant and op also wrote in the agreement that the complainant may take legal steps against the op if he failed to deliver the said car to the complainant within the stipulated time.
In fact complainant agreed to purchase the said fro own use and due to non-delivery of the said car complainant suffered huge loss and mental pain and agony.
Truth is that op handed over a Notarial Affidavit with duly sign by the op dated 28.08.2014 promised to hand over the said car to the complainant and the op also wrote that he already accepted the said amount from the complainant but till date op failed to hand over the said car and in the above circumstances, complainant being deceived by the op filed this complaint for redressal.
Fact remains that in this case notice was served to the op but it was refused by the op. So the service upon the op is accepted. But op did not turn up to contest for which the case is heard exparte and now we shall have to dispose of the matter in exparte form relying upon all documents and even on record.
Decision with reasons
On hearing the Ld. Lawyer for the complainant and also considering the evidence in-chief, it is proved that it is unchallenged testimony of the complaint that complainant for the purpose of purchasing a car from the op, paid the entire amount of the car to the op and op accepted it and executed an agreement and by that agreement op stated that he has already received Rs. 7,00,000/- from the complainant as value of the INOVA Car being Regd. No. WB 06 D – 1169 on 28.08.2014 and op also agreed that on or before 31.12.2014 after releasing the said car from the financer the op handed over the said car to the complainant and after maintaining all formalities including clearing road tax, pollution certificate if any etc. and from that document of agreement dated 28.08.2014, it is found that Durga Chatterjee is the owner of the car and he intended to sell the same and he agreed to hand over the said car on 31.12.2014. But op has not handed over it and he also agreed and promised that if op failed to transfer and handed over the said car to the complainant on or before 31.12.2014, in that case, op would pay Rs. 400/- per day only to Durga Chatterjee the complainant as a demurrage charge and at the same time Durga Chatterjee would be at liberty to take any legal steps against the op.
Truth is that though notice was duly served upon the op, but op refused to accept it, that means that op was well aware of the fact for which he did not turn up to contest this case and in the above circumstances, considering the unchallenged testimony and also relying the all materials document, agreement, we are convinced to hold that op is legally bound to hand over the said car or refund the entire amount along with that demurrage charge at the rate Rs. 400/- per day w.e.f. 31.12.2014 till the payment of the entire amount or failing delivery of the said car only in favour of the complainant and the allegation of the complainant is well proved for which we are allowing this complaint in favour of the complainant with cost when deceitful manner of service is well proved and taking of full amount of Rs. 7,00,000/- for selling is also proved.
In the result, the complaint succeeds.
Hence, it is
ORDERED
That the complaint be and the same is allowed in exparte form with cost of Rs. 10,000/-.
Op is directed to hand over the said car to the complainant within one month from the date of this order failing which op shall have to refund the principal amount of Rs. 7,00,000/- with daily demurrage of Rs. 400/- per day w.e.f. 31.12.2014 till full payment of the entire amount.
Further for causing mental pain, agony, harassment and financial loss, op shall have to pay Rs. 1,00,000/- as compensation to the complainant and also for deceiving the complainant in such a manner. Op is directed to comply the order very strictly failing which or disobeyance of the Forum’s order, op shall have to pay penal interest at the rate Rs. 200/- per day till full satisfaction of the decree and if it is collected, it shall be deposited to this Forum. Even if it is found that op is reluctant to comply this Forum’s order, in that case, penal proceeding u/s 27 of C.P. Act 1986 shall be started for which penalty and fine shall be imposed further against the op.
