Hon'ble Mrs. Rumpa Mandal, Member.
The Complainant Dr. Kaushik Dhar is a consumer/customer of O.P. No.1 & 2. The O.P. No.1 is a authorised dealer of Maruti Suzuki. He is a Manager of Podder Car World (P) Ltd. The Complainant intended to purchase a vehicle for personal use. So he went to the show room of the O.P. No.1 in Chakchaka Branch, Cooch Behar in the month of October, 2017. So he deposited advance amount of Rs.91,000/- only for booking of Maruti Suzuki ERTIGA on 02.10.17 and paucity of fund, Complainant borrowed vehicle amount from Central Bank of India, Cooch Behar Branch. After completion of all formalities on 19.10.17, O.P. No.1 delivered said vehicle with covered insurance policy. Afterwards one sales Officer of O.P. No.1, Mr. Indrajit Homaray came to the house of the Complainant for discussion regarding insurance offer and told the Complainant that if he deposited Rs. 1 Lakh in favour of the O.P. No.1 i.e. Podder Car World (P) Ltd., he would be provided four years facility of vehicle insurance consecutively without any with stand policy. The father of the Complainant Sri Kanti Ranjan Dhar paid Rs. 1 Lakh through the cheque vide No.908812 dated 14.11.17 in favour of O.P. No.1 and the said cheque was encashed. After elapsing the date of previous insurance policy. Complainant contacted with O.P. No.1 through Mr. Indrajit Homaray for insuring his vehicle and Mr. Homaray i.e. O.P. No.2 provided one vehicle insurance policy certificate on 21.10.2018. This insurance policy was valid from 21.10.18 to 20.10.19. After expiry of that insurance validity period, Complainant went to the office of O.P. No.1 and contacted with Mr. Homaray i.e. O.P. No.2. O.P. NO.1 & 2 did not provide insurance of the said vehicle in favour of the vehicle of the Complainant till now. O.Ps provided non suiting policy and the gross amount was Rs. 24,657/- instead of Rs.30,131/- and the date of elapsation was 22.10.19 in lieu of 20.10.19. Having found no other alternative on 25.10.19 the Complainant filed a legal notice through his Advocate before the O.Ps. On 01.11.19 O.P. No.2 received the legal notice and after receiving this notice O.P. No.1 sent reply to this notice on 06.12.19. But O.Ps did not take any positive measures in favour of the Complainant. O.Ps with ill motive did not give the aforesaid facility to the Complainant. The O.Ps made a false or misleading representation at the time of receiving the advanced insurance policy amount of Rs.1 Lakh from the Complainant.
Now the Complainant would be entitled to get from the OP a sum of (Rs.75,343/-( Rs. 1,00,000/- - Rs.24,657/-=Rs.75,343/-). The misdeeds of the OP amount to deficiency in service. The Complainant therefore prayed for directing the OP to return the insurance policy amount of Rs.75,343/- and to credit Rs.50,000/- to the account of the Complainant as compensation for mental pain and agony and unnecessary harassment and also direct the OP to pay Rs.50,000/- for deficiency in service with further cost of Rs.15,000/- for litigation cost.
Notice has been served upon OP. Despite service of notice as per track report of postal Department dated 13.06.15 upon O.P. No.1 and on 19.09.20 O.P. No.2 did not receive the notice and as per postal remark “ Not claimed returned to sender”. So nobody appears on behalf of the OP. The OP did not contest the case. Accordingly, the case is decided to be heard ex-parte against the OP.
The Complainant in order to establish the claim adduced evidence on affidavit and documents before this Commission.
Perused the complaint of the Complainant, the evidence on case record and the documents in the case record. Heard the arguments advanced by the Ld. Advocate for the Complainant. The statement made in the evidence on affidavit are absolutely in consonance with the averments made in the complaint petition.
The Complainant in order to establish the case produced and proved the following documents.
- Annexure-A Copy of money receipt.
- Annexure-B Copy of the invoice.
- Annexure-C Copy of insurance policy.
- Annexure-D Copy of Bank pass book.
- Annexure-E Copy of legal notice.
All the aforesaid documents proved by the Complainant stand unchallenged and undiscarded in as much as the case is heard ex-parte.
After perusing all the documents adduced in evidence by the Complainant it transpires that the Complainant purchased a Maruti Suzuki ERTIGA Car for personal use. So he deposited advance amount of Rs.91,000/-. Due to paucity of fund Complainant borrowed vehicle amount from the Central Bank of India, Cooch Behar Bazar Branch. Thereafter Complainant paid Rs. 1 L akh in favour of O.P. No.1 because O.P. No.2 assured the Complainant that he would be provided four years insurance facility consecutively without any with stand policy. But after elapsetion of the insurance policy of the insurance policy from 20.10.18 to midnight of 20.10.19, O.P. No.1 should provide insurance policy but stipulated period had already been elapsed, O.P. No.1 yet did not provide insurance of the said vehicle in favour of the Complainant till now.
Having perused the entire evidence of the parties, it stands well proved that there was no latches on the part of the Complainant for the loss sustained by him due to the said transaction. Due to such activities the Complainant sustained a loss of Rs.75,343/- which tantamount to deficiency in service on the part of the OP for which Complainant suffered mental pain and agony.
Thus after assessing the entire oral and documentary evidence, the case of the Complainant could not be disproved since the case is heard ex-parte.
In the light of the aforesaid discussion and observation made in the foregoing paragraphs a reasonable inference is drawn that the Complainant successfully proved the case as consumer against the OP and the OP is under deficiency in service which caused mental pain and agony.
Accordingly, the case of the Complainant succeeds ex-parte against the OP.
Hence, it is
Ordered
That the Case No. CC/15/2020 be and the same is allowed ex-parte with cost.
The Complainant do get an award to credit of Rs.75,343/- in the account of the Complainant.
The OP is further directed to pay Rs.20,000/- for deficiency in service and unfair trade practice, Rs.20,000/- as compensation for mental pain and agony and unnecessary harassment and for cost of proceeding Rs.10,000/-, total of Rs.1,25,343/- (Rupees One Lakh twenty five thousand three hundred forty three) only within 30 (thirty) days from the date of passing the Final Order to the Complainant failing which the OP shall pay an interest @ 6% per annum to the awarded sum i/d the Complainant shall be entitled to execute the award as per provision of Law.
Let a plain copy of this order be supplied to the parties concerned by hand/by post forthwith, free of cost for information and necessary action, if any.
The copy of the Final Order is also available in the official Website www.confonet.nic.in.
Dictated and corrected by me.
