DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C. C.  No. 105/2022

           Date of Filing:                         Date of Admission:                               Date of Disposal:                

          18.04.2022                                   22.04.2022                                         03.02.2023

P R E S E N                   

:-   Smt. Sukla Sengupta…………………President

:-   Smt. Monisha Shaw …………………. Member.

                                                  :- Sri Abhijit Basu……………………….Member

JUDGMENT / FINAL ORDER

            The complainants have filed the instant application under Section 35 read with Section 37 and 35 of the Consumer Protection Act, 2019  as amended upto date.

            The fact of the case in brief is that on 19.11.2021 the complainant No.1 has booked one YAMAHA AEROX (MOTO GP) Motor Cycle in the name of complainant No.2, and paid in advance of Rs. 2,000/-  by cash to the O.P. No.1- Yamaha Dealer (TANUSHKA AUTO, 3/5, Jessore Road, ATC GALAXY, Madhyaymgram, North 24 Parganas, Kolkata-700129) and after booking the opposite party assured to complainants that they will deliver the booked motor cycle within 20 to 25 days which they clearly mention in the booking slip. But after stipulated time the complainants on several occasions asked the opposite parties to deliver the booked motor cycle but they always assured that they will deliver the motor cycle booked by the complainants very soon.

            It is alleged that after lapse of two months and even after repeated requests of the complainants the opposite parties failed to deliver the Motor Cycle to the complainants and by their misconduct and deficiency in service and they harassed the complainants and caused their mental pain and agony. Thereafter the complainant No.1 sent demand notice dated 20.01.2022 to the opposite parties but the opposite Parties did not give any response to that effect. Hence the instant case is filed by the complainants with a prayer to give direction to the opposite parties to pay or return back the booking amount and also give direction to the opposite parties to give compensation of Rs. 60,000/- to the complainants for harassment, mental pain and agony along with litigation cost.

            The O.P members did not appear before this commission even after getting the notice and on expiry of the stipulated period they did not file the written version. As a result the case do run exparte against them.

 Contd/-2

C. C.  No. 105/2022

:: 2 ::

            In view of the above stated facts and circumstances it has to be decided by this commission :

1. Whether the complainant is consumer or not?
2. Whether there any deficiency in service on the part of the opposite parties?
3. Whether the complainant is entitled to get the relief as prayed for?

Decision with Reasons

            All the points are taken up together for convenience of discussion and to avoid unnecessary reputation

From the materials on record it appears that the complainants filed the petition of complaint to treat the same as evidence prayer is allowed.

From the un-challenged evidence of the complainant and also from the documents i.e. booking slip dated 19.11.2021 as attached with the petition of complaint as annexure (I) and the demand letter dated 20.01.2022 which has been annexed Annexure (II) along with petition of complaint. It is palpably clear that the complainants have booked one YAMAHA AEROX (MOTO GP) Motor Cycle on payment of Rs. 2,000/- by cash as booking amount from the O.P.. No.1 (TANUSHKA AUTO) a dealer of bike and scooty situated at 3/5, Jessore Road ,ATC GALAXY, Madhyamgram, North 24 Pgs,, Kolkata-129. On receipt of the booking amount a booking slip has been issued in favour of the complainants being booking slip No. 5613 signed by the O.P.. No.2 the Sales Consultant of the O.P.. No.1 at the booking amount of Rs. 2,000/- in cash.

So from the documents produced by the complainant it is proved that as and when the O.P parties issued the booking slip to the complainants on receipt of the booking amount of Rs. 2,000/- on 19.11.2021 vide booking slip No. 5613 since then the complainants are the consumers under the opposite parties and the opposite parties are the service provider.

As no reliable  evidence is there from the end of the opposite parties so this commission has no other option but to believe the unchallenged evidence of the complainants or fact stated by the complainants in the petition of complaint. This commission did not find any reason to disbelieve the case of the complainants. From the un-challenged evidence of the complainants on record it is also revealed before this commission that the opposite parties assured the complainants to deliver the YAMAHA AEROX (MOTO GP) Motor Cycle in the name of complainant No.2 within 20 to 25 days. But they failed to keep their assurance in spite of lapse of 2 months and did not pay any heed to the requests of the complainants even after service of demand notice (annexure II) dated 20.01.2022 which caused the harassment, mental pain and agony to the complainants and which proved that there was deficiency in service on the part of the O.P parties for which they would be liable to give compensation to the complainants as prayed for.

In view of discussion made above it can safely be held by this commission that the complainants could be able to prove their case beyond doubt and are entitled to get the relief as prayed for.

The case is properly stamped.

All the points of consideration are considered and decided accordingly in favour of the complainants.

Hence

                        it is Ordered,

that the case be and the same is allowed expare against the opposite parties with cost

Contd/-3

C. C.  No. 105/2022

:: 3 ::

The complainants do get the decree as prayed for.

The opposite parties are directed to refund the booking amount of Rs. 2,000/- ( Two Thousand) only to the complainants either jointly or severally.

The opposite parties are further directed to pay compensation of Rs. 10,000/- (Ten Thousand) to the complainants along with interest @ 2% p.a  either jointly or severally from the date of filing of this case till realization.

 The opposite parties are further directed to pay litigation cost of Rs.2,000/- to the complainants.

The opposite parties are directed to comply the decree within 45 days from the date of this order, in default the complainants will get further interest @ 2% p.a on the entire decretal amount from the date of default till realization of the entire amount.

If the O.Ps failed to comply the decree within the stipulated period the complainants will be at liberty to execute the same as per law.  

Let plain copy of this order be given to the parties free of cost as per CPR, 2005.  

Dictated & Corrected by

President                                                                                               President

           Member                                                   Member