Mr. Sudip Niyogi, President

The fact in brief of the case is that the petitioner who is an unemployed person and in order to run his livelihood, booked One Three Wheeler Auto Rickshow with the O.P. under “Gatidhara Prokalpo’’.  He paid Rs.5,000/- on 31.01.19 and again Rs.10,000/- on 21.07.19 to the O.P. for which O.P. issued money receipts ( Annexure- A & B). Subsequently, O.P. failed to deliver the said vehicle to the petitioner. As a result, the petitioner demanded refund of the said amount which were paid in advance by him but as the O.P. did nothing in this regard, petitioner was compelled to file this case against the O.P. The O.P. prays for refund of Rs.15,000/- which were paid as advance Rs.50,000/-, Rs.10,000/-  for mental pain and agony and Rs.10,000/- for litigation cost.

The notice of this case was duly served upon the O.P. but he did not contest the case by making appearance. So, the case was heard ex-parte.

Findings

The petitioner filed evidence on affidavit and also filed the original documents in support of this case.

From all these, it is found that the petitioner booked the Three Wheeler with the O.P. and paid Rs.5,000/- on 31.01.19 for which proforma invoice was issued on behalf of the O.P. in the name of the petitioner, likewise, he also paid Rs.10,000/- on 21.07.19 and O.P. issued proforma invoice on the same day in his favour. Both of these proforma invoices were marked an Annexure. Despite receipt of the advance amount in the year 2019, nothing was done on the part of the O.P. and fulfilled their part of obligation towards the petitioner.

Therefore, considering all these, we think that the petitioner is entitled to the relief as prayed for.

Hence, it is -

Ordered

That the instant case is hereby allowed ex-parte against the O.P.

The O.P is hereby directed to pay Rs.5,000/ + 10,000/- i.e. Rs.15,000/- (Fifteen thousand) which was paid by the petitioner as advance. The petitioner is also entitled to Rs.6,000/- (Six thousand) towards compensation and Rs.2,000/- (Two thousand) towards  litigation cost.

The O.P is also directed to pay the said amount within 45 days  from the date of this order, failing which the awarded sum shall carry interest @ 6% per annum till realization.

Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.

The copy of the Final Order also available in the official website: www.confonet.nic.in.

Dictated and corrected by me.