This complaint U/S 35 of C.P. Act, 2019 was initially filed against the Opposite Party (O.P.) – The Bajrangbali Traders, Ashighar More, P.O.- Ghugomali, Dist.- Jalpaiguri and as per Order No.- 05, dated 20/03/2024 the O.P. declared ex-parte.
The case of the complainant as per his complaint is as follows-
Being a Toto driver the complainant purchased an E Rikshaw which is commonly known as Toto 02/10/2015 from the O.P. for continuing daily his livelihood and on 11/06/2018 the S.D.O. Office, Siliguri issued a TIN Allocation certificate in favour of him mentioning the registration No. SMC-T-03-497. Subsequently in the year 2018/2019 the Govt. of West Bengal issued a notification mentioning that if any person purchases a new Toto by selling his scrap of existing Toto, the Govt. will provide a W.B. number. In pursuance of the said notification the complainant booked a new Toto from the O.P. The S.D.O. Office, Siliguri issued a scrap certificate in favour of the complainant but due to lockdown for COVID 19, the economical condition of the complainant was deteriorated and thus he could not purchase his new Toto. Then, after normalization, on 12/10/2021 the complainant purchased a new Toto by depositing of scrap of his previous Toto and the O.P. issued a receipt on 12/10/2021 mentioning the price of new Toto amount (as per document filed by the complainant) of Rs. 1,05,000/- (Rupees One Lakh and Five Thousand) only and the value of said scrap was of Rs. 12,000/- (Rupees Twelve Thousand) only and thus after adding of the said scrap amount the value of the new Toto became Rs. 1,17,000/- (Rupees One Lakh and Seventeen Thousand) only. The complainant paid by cash of Rs. 55,000/- (Rs. Fifty Five Thousand) only and after payment the remaining balance amount of the Toto was Rs. 62,000/- (Rs. 1,17,000.00 - Rs. 55,000.00) (Rupees Sixty Two Thousand) only and out of that Rs. 62,000/-(Rupees Sixty Two Thousand) only the complainant paid a total sum of Rs. 35,000/- (Rupees Thirty Five Thousand) only from 12/10/2021 to 21/12/2021.
On 12/10/2021 when the complainant asked the O.P. for the registration number, the O.P. assured that they will provide the registration number within 07 days but after lapse of 07 days when the complainant made contact with the O.P. they requested the complainant to give time to them for the registration number. Then after lapse of some month, on June, 2022 when the complainant again requested the O.P. for the same but the O.P. clearly told the complainant that they would provide the number as and when they gave the number. Having no alternative the complainant lodged a written complaint to the Consumer Affairs Dept., Jalpaiguri and on 04/11/2022 the Consumer Affairs Department, Jalpaiguri issued a letter, vide Memo No. 523/CA & FBP/JAL dated 04/11/2022 to both the complainant and the O.P. and the date fixed on 24/11/2022 for mediation but on 24/11/2022 the O.P. did not came to attend the mediation and thus the mediation was failed.
The complainant was also purchased a battery for his Toto in the year 2022 but due to non- plying of his Toto the battery had been damaged. The complainant is a poor person and the said Toto was the only source of income and for non-plying of the Toto the complainant had been suffering huge financial loss. Finally, having no other alternative the complainant lodged this case.
The prayers of complainant are as follows :
- To pass an order directing the O.P. to provide the Registration No. of the E- Rickshaw of the complainant.
- To pass an order directing the O.P. to pay Rs. 50, 000/- (Rupees Fifty Thousand) only as compensation for damage causing due to unfair trade practice and deficiency in service of the O.P.
- To pass an order directing the O.P. to pay Rs. 50, 000/- (Rupees Fifty Thousand) only as compensation for mental pain and agony causing due to unfair trade practice and deficiency in service of the O.P .
- Cost of litigation amounting to Rs. 20,000/- (Rupees Twenty Thousand) only.
- Any other or further orders as your honour may think fit and proper.
- Cost of the case.
List of Documents filed by the complainant:
- Photocopy of invoice. (Annex.- P-1)
- Photocopy of TIN allocation certificate. (Annex.- P-2)
- Photocopy of scrap certificate. (Annex.- P-3)
- Photocopy of Invoice. (Annex.- P-4)
- Photocopy of money receipt. (Annex.- P-5)
- Photocopy of Order. (Annex.- P-6)
Regarding this instant case, after receiving the notice the Opposite Party (O.P.) – The Bajrangbali Traders, Ashighar More, P.O.- Ghugomali, Dist.- Jalpaiguri did not turn up before this Commission and as per Order No.- 05, dated 20/03/.2024 of this Commission the O.P. declared ex-parte.
Having heard, the Ld. Advocate of the complainant and on perusal of the Complaint and documents filed by the complainant the following points are taken to be decided by this Commission.
Points for consideration
1) Whether the complainant is a consumer?
2) Whether the case is maintainable under the CP act 2019?
3) Whether this Commission has its jurisdiction to decide this case?
4) Whether there is any deficiency in service in the part of the O.P. as alleged by the complainant?
5) Is the complainant is entitled to get any award and relief as prayed for? If so, what extent?
Decision with reason:-
All the points are taken up together for consideration and decision.
Seen and perused the complaint petition filed by the party which is supported by the affidavit, documents filed by the parties. We are also heard arguments the complainant in full length.
The complainant resides in Jalpaiguri district and the O.P. is also carrying his business in Jalpaiguri district. Thus, the Commission has no doubt that the complainant is a very much consumer as per the Consumer Protection Act- 2019 and also there is no doubt that this Commission has its territorial jurisdiction to decide this case.
At the time of argument Ld. Advocate of the Complainant submits that the Complainant has been able to prove its case against the O.P.s not only through his Written Deposition but also by producing documents.
As per evidence of the complainant it is very much clear that being a Toto driver the complainant purchased an E Rikshaw which is commonly known as Toto 02/10/2015 from the O.P. for continuing daily his livelihood and on 11/06/2018 the S.D.O. Office, Siliguri issued a TIN Allocation certificate in favour of him mentioning the registration No. SMC-T-03-497. Subsequently in the year 2018/2019 the Govt. of West Bengal issued a notification mentioning that if any person purchases a new Toto by selling his scrap of existing Toto, the Govt. will provide a W.B. number. In pursuance of the said notification the complainant booked a new Toto from the O.P. The S.D.O. Office, Siliguri issued a scrap certificate in favour of the complainant but due to lockdown for COVID 19, the economical condition of the complainant was deteriorated and thus he could not purchase his new Toto. Then, after normalization, on 12/10/2021 the complainant purchased a new Toto by depositing of scrap of his previous Toto and the O.P. issued a receipt on 12/10/2021 mentioning the price of new Toto amount (as per document filed by the complainant) of Rs. 1,05,000/- (Rupees One Lakh and Five Thousand) only and the value of said scrap was of Rs. 12,000/- (Rupees Twelve Thousand) only and thus after adding the said scrap amount the value of the new Toto became Rs. 1,17,000/- (Rupees One Lakh and Seventeen Thousand) only. The complainant paid by cash of Rs. 55,000/- (Rs. Fifty Five Thousand) only and after payment the remaining balance amount of the Toto was Rs. 62,000/- (Rs. 1,17,000.00 - Rs. 55,000.00) (Rupees Sixty Two Thousand) only and out of that Rs. 62,000/-(Rupees Sixty Two Thousand) only the complainant paid a total sum of Rs. 35,000/- (Rupees Thirty Five Thousand) only from 12/10/2021 to 21/12/2021. In this way, as per evidence filed by the complainant, he paid Rs. 90,000/- (Rs. 55,000/- + Rs. 35,000/-) (Rupees Ninety Thousand) only in total to the O.P.
On 12/10/2021 when the complainant asked the O.P. for the registration number, the O.P. assured that they will provide the registration number within 07 days but after lapse of 07 days when the complainant made contact with the O.P. they requested the complainant to give time to them for the registration number. Then after lapse of some month, on June, 2022 when the complainant again requested the O.P. for the same but the O.P. clearly told the complainant that they would provide the number as and when they gave the number. Having no alternative the complainant lodged a written complaint to the Consumer Affairs Dept., Jalpaiguri and on 04/11/2022 the Consumer Affairs Department, Jalpaiguri issued a letter, vide Memo No. 523/CA & FBP/JAL dated 04/11/2022 to both the complainant and the O.P. and the date fixed on 24/11/2022 for mediation but on 24/11/2022 the O.P. did not came to attend the mediation and thus the mediation was failed. The complainant was also purchased a battery for his Toto in the year 2022 but due to non- plying of his Toto the battery had been damaged. The complainant is a poor person and the said Toto was the only source of income and for non-plying of the Toto the complainant had been suffering huge financial loss.
Regarding this instant case, after receiving the notice on 29/01/2024 the O.P. did not turn up before this Commission and as per Order No.- 05, dated 20/03/.2024 of this Commission the O.P. declared ex-parte. In this particular case it is very much clear that the O.P. conducted this case in a very negligent manner and after receiving the notice of this Commission they did not even consider it necessary to appear before this Commission.
So, as per the above discussion this Commission has no doubt that there was a deficiency of services from the part of the O.P. In this instance case, the O.P. is liable. O.P. is directed to provide the Registration Number of the E- Rickshaw which is commonly known as Toto within 30 days from the date of this order, i.e., from 29/05/2024 failing which the complainant is entitled to get Rs. 90,000/- (Rs. 55,000/- + Rs. 35,000/-) (Rupees Ninety Thousand) only through an account payee cheque along with a simple interest @ 7.5% per annum from the O.P. from the date of filing of the case, i.e., from 07/12/2023 till realization of the entire amount. The complainant is also entitled to get Rs. 5,000/- (Rupees Five Thousand) only for mental pain and agony and Rs. 5,000/- (Rupees Five Thousand) only for litigation cost and the O.P.s are also directed to deposit Rs. 5,000/- (Rupees Five Thousand) only to Consumer Legal Aid Account of this Commission within 30 (Thirty) days from the date of this order.
Hence, it is,
ORDERED
That the Consumer Case No. 92/2023 be and same is allowed against the O.P. (The Bajrangbali Traders) with cost.
O.P. is directed to provide the Registration Number of the E- Rickshaw which is commonly known as Toto within 30 days from the date of this order, i.e., from 29/05/2024 failing which the complainant is entitled to get Rs. 90,000/- (Rs. 55,000/- + Rs. 35,000/-) (Rupees Ninety Thousand) only through an account payee cheque along with a simple interest @ 7.5% per annum from the O.P. from the date of filing of the case, i.e., from 07/12/2023 till realization of the entire amount. The complainant is also entitled to get Rs. 5,000/- (Rupees Five Thousand) only for mental pain and agony and Rs. 5,000/- (Rupees Five Thousand) only for litigation cost and the O.P.s are also directed to deposit Rs. 5,000/- (Rupees Five Thousand) only to Consumer Legal Aid Account of this Commission within 30 (Thirty) days from the date of this order.
Let a copy of this judgment be given to the parties directly or through their representative Ld. Advocate for compliance free of cost.
