FINAL ORDER/JUDGEMENT

Smt. SAHANA AHMED BASU , Member

The case of the complainant in brief, is that, the complainant purchased an electric scooter “Okinawa Praise Pro” model from the OP1 vide invoice no. BES/20-21/0043 dated 12.08.2020 for Rs.1,15,000/- and registered with No. WB01-AR0817. Purchasing of said e-scooter is also subject to receive an amount of Rs.19,000/- as subsidy which is as per Govt. of India Fame Scheme and the forgoing subsidy is providing by the Govt. of India to the complainant through OP2 to OP1. The complainant have applied for payment of subsidy amount Rs.19,000/- to OP1 but OP1 refused to accept the said letter. Thereafter, the complainant sent an email dated 28/03/2021 regarding non received of the subsidy amount of Rs.19,000/-  to OP1 with the copy to OP2. The OP1 did not reply the said email. In reply on 04/09/2021 the OP2 replied that they have already transferred theabovementioned subsidy amount to the Op1 on 13/10/2020. Despite received the subsidy amount the OP1 neither transfer the amount to the complainant’s account as per terms of Govt.of India Fame II Scheme nor communicate the complainant.

Alleging unfair trade practice and deficiency in service on the part of the OP, the complainant has filed the present complaint seeking payment of settlement amount  including interest , compensation and litigation cost .

OPs did not resist the consumer complaint despite service of notice. No WV is filed by the OPs within statutory period. Thus, the case runs ex parte hearing against the OP.

In support of his case the complainant has tendered evidence supported by affidavit and also relied upon documents annexed with the complaint petition. Complainant has also filed written argument. We have heard argument on merit and have also perused the record.

Evidently, the complainant purchased an E-scooter from the OP1at the cost of Rs.1,15,000/- (Registration  No.WB01AR0817) vide Invoice No. BES/20-21/0043. Fact remains also that the said vehicle was registered for FAME India Scheme Phase II subsidy by the complainant on 30/09/2020. Photocopy of an email dated 04/09/2021issued by the OP2 furnished by the complainant as annexure (Pg 6) goes to show that it is mentioned in the said mail that:

Mr Aritra Kumar Goswami has not received his subsidy at the time of Praise Pro Purchase .

The amount has already been credited to Bengal e scooter as per below details last year . Still the amount has not be given to him.

Pls Provide the Subsidy to him without further delay.

As per Fame 2 Portal subsidy Status an amount Of Rs.19,000/- was approved in favour of the complainant. Ld. Advocate for the complainant argued that despite reporting the above matter several times the OP1 have not made any action on that. Photocopy of the Circular of the MINISTRY OF HEAVY INDUSTRIES & PUBLIC ENTERPRISES , DEPARTMENT OF HEAVY INDUSTRY , GOVT. OF INDIA , dated 22/03/2019 , reveals that it is clearly stated in the sub clause 4.6 of the Clause 4.0 that :

OEM to submit the reimbursement claim of demand incentives once in a month but not laterfrom 120 days of the sale of vehicle at dealer end.

In view of the above clause, it is found that the OP2 credited the claim to the OP1 in due time i.e. on 13/10/2021 as per direction of the DEPARTMENT OF HEAVY INDUSTRY, GOVT. OF INDIA. But the OP1 failed to return the subsidy amount to the complainant. Despite the complainant giving necessary clarifications repeatedly to the OP1 and brought to their notice the entire aforesaid circumstances, the OP1 did not bother to communicate with the complainant. Even legal notice dated 29.09.2021 issued by the complainant was unattended by the OP1.

It is true that that no WV has been filed by the OPs though several opportunities were given to them for filing WV yet they have failed to file the same as such the allegation stated in the complaint petition remains unchallenged. Regarding this matter we can safely state that on failure to file WV by the OPs tantamount to admission of the allegations stated in the complaint petition. Photocopies of the documents  reveal that an amount of Rs19,000/-  is approved in favour of the complainant in respect of said vehicle  as per FAME India SchemePhase II, MINISTRY OF HEAVY INDUSTRIES & PUBLC ENTERPRISES , DEPARTMENT OF HEAVY INDUSTRY , GOVT.OF INDIA . Therefore, we are of the opinion that under the above facts and circumstance, the gross negligence and deficiency in service and unfair trade practice on the part of the OPis proved and the complainant is entitled to get relief as prayed for.

Based on the above discussion we disposed of the consumer case in the following terms :-

1.         OP-1 is directed to make payment of Rs.19,000/-to the complainant.

2.         OP-1 is further directed to make payment of RS.15,000/- as compensation for harassment and mental agony caused to the complainant due to deficiency in service.

3.         OP-1 is also directed to pay Rs.10,000/-as cost of litigation to the complainant.

4.         Above payments shall be made within 04 weeks from the date of this order failing which the amount shall carry interest @9% p.a. from the date of the order till its realization.

Consumer case is thus allowed on ex parte against the OP1 and dismissed on ex parte against the OP2 without any cost. 

Copy of the judgement be supplied to the parties as per rules. Judgement be uploaded on the website of this Commission forthwith for perusal of the parties.