Ld. Advocate(s)

                             For Complainant: Mukbul Rahaman

                             For OP/OPs :

          Date of filing of the case                  :19.01.2024

          Date of Disposal  of the case            : 24.07.2024

Final Order / Judgment dtd.24/07/2024        

The case record is taken up for passing final ex-parte order. The case of the complainant in brief is that the complainant Somnath Chatterjee intended to setup an auto emission testing center, Accordingly the complainant applied  to RTO Nadia (Pro OP No-3). So the OP-3 permitted to setup the center Radhamadhab Auto Emission Testing Center and requested to complainant to purchase machine from    OP No-1. AVL India Pvt. Ltd. Complainant paid Rs. 2,00,000/-  to the OP No.1 through RTGS on 18/04/2023.  OP No. 1 gave the said machine to the complainant on 16/05/2023 for which the complainant paid the rest Rs.1,60,000/-  but the OP did not give any cash memo. The OP No. 1 sent the AVL combo machine through agent Arijit Chakraborty and Sumit Mondal. Thereafter the OP-3 came to the center on 01/11/2023 at Bholadanga Nakashi Para but OP No. 1 did not come to the said auto emission center on the said date and time. Pro OP No.3 also requested to the OP No. 1 for installation of the said machine. So the Pro OP-3 came back from the testing center. Therefore the installation and the verification of the job was not completed. Thereafter the complainant requested the OP-1 to install the machine but they did not do anything. So the complainant issued a Legal Notice to OP No.1 on 28/12/2023 and on 16/01/2024 but OP No. 1 did not reply and do anything positive. Because of the such inaction of the OP No.1. the complainant suffered harassment and mental agony. So the present case is filed. The cause of action arose on 16/05/2023  and on subsequent date. The complainant therefore prayed for award for Rs. 3,60,000/-  together with interest @12%, Rs.1,50,000/- for harassment and mental agony and order to return the said machine and litigation cost.

The OP did not contest the case. As per Order No. 4 dt. 29/02/2024 this commission passed an order for ex-parte hearing of the case against all the Ops – 1,2 and 3.

The complainant in order to sustain the case proof the following documents :-

Annexure:-1

Copy of the cash memo for Rs. 3,60,000/- paid by complainant Somnath Chatterjee to AVL OP No. 1 company for Rs. 3,60,000/-

 Annexure:-2

Notice of inspection issued by West Bengal Pollution Control Board.

Annexure:-3

Copy of RTO letter dt. 12/04/2023 to West Bengal Pollution Control Board.

Annexure:-4

Copy of RTGS of SBI for Rs. 2,00,000/- dt. 18/04/2023 .

Annexure:-5

Copy of Trade License of the complainant for 2023-24 to 2025-26.

Annexure:-6

Advocate Letter to the OP No.1 by Makbul Rahaman Adv. dt.28/12/2023.

Annexure:-7

Track Report of  Postal authority, showing service of letter.

Annexure:-8

Advocate letter to the manager AVL India Pvt. Ltd.

Annexure:-9

Copy of Aadhar Card of the Complainant.

The complainant also filed affidavit in chief wherein he stated the entire fact of the case. It is catagorally stated in evidence that despite full payment of Rs. 3,60,000/- to the OP No. 1 they did not install the said Auto Emission testing machine at the place of the complainant. The entire oral evidence of the complaint stand unchallenged and un discarded is as much as  the OP did not contest  the case. The documentary evidence of OP No. 1 from annexure 1 to 9 also could not be discarded by the OP. The OP also could not adduce any evidence in their favor since the case is heard ex-parte against them.

Thus having assessed the entire oral and documentary unchallenged evidence of the complainant it stands well proved that despite full payment of money / price the OP No. did not install the auto emission testing machine at the center of the complainant. The aforesaid misdeeds and inaction of OP No. 1. tantamount to unfair trade practice and harassment to the complainant / consumer which should be compensated in money.  

Hence,

          It is

Ordered

                                                          That the complaint case no.CC/06/2024 is allowed ex-parte against OP No. 1 and dismissed against OP No. 2 and 3. The complainant  Somnath Chatterjee  do get an award for a sum of Rs. 3,60,000/- (Rupees Three Lakh sixty thousand ) against the OP No.1together with interest @ 12% p.a. from 18/04/2023, Rs. 50,000/-  towards unfair trade practices, harassment  and mental pain and agony to the complainant and Rs. 10,000/- towards litigation cost.

The OP No. 1 is directed to pay Rs. 4,20,000/- (Rupees Four Lakh Twenty thousand) together with interest as above to the complainant within 30 days from the date of final order failing which the entire award money shall carry an interest @8% p.a. from the date of final order till the date of its realization.

All Interim Applications (I.A) stand hereby disposed of.

           D.A to note in the trial register.

          The case is accordingly disposed of.

Let a copy of this final order be supplied to both the parties at free of costs.

Dictated & corrected by me

 ............................................

                PRESIDENT

(Shri   HARADHAN MUKHOPADHYAY,)                              ................ ..........................................

                                                                                                                          PRESIDENT

                                                                                           (Shri   HARADHAN MUKHOPADHYAY,)

I  concur,             

........................................                                          

          MEMBER                                                                

(NIROD  BARAN   ROY  CHOWDHURY)