District Consumer Disputes Redressal Forum

Dakshin Dinajpur, W. Bengal

(Old Sub-Jail Municipal Market Complex, 2^nd Floor, Balurghat Dakshin Dinajpur Pin - 733101)

Telefax: (03522)-270013

Present          

Shri Sambhunath Chatterjee              - President

Miss. Swapna Saha                            - Member

Shri Siddhartha Ganguli                      - Member

Consumer Complaint No. 34/2015

Mojaffar Mandal

S/o Kachimuddin Mandal

Mobile No. 9434969278

Vill. & PO: Kamdebbati

P.S.: Tapan,

Dist. Dakshin Dinajpur-733127        …………………Complainant(s)

V-E-R-S-U-S

1.   The Manager / Propritor

      National Motors, ‘ Authorised Dealer’ Escorts Ltd.

      Gabgachi, NH-34, Malda – 732103

2.   The Manager,

      Escorts Limited, Corporate Centre,

      15/5 Mathura Road, Faridabad – 121003

3.   Mr. Biplab Chakraborty

      (Sales Executive of National Motors)

      S/o Late Fanindra Nath Chakraborty

      Vill. & PO : Teor, PS: Hili

      Dist.: Dakshin Dinajpur.   …………………Opposite Party / Parties

Ld. Advocate(s):

For complainant          ………………  - Shri Debasish Karmakar

For OP No. 1              ………………  - Shri Sumit Kr. Mohanta

For OP No. 2              ………………  - Ex-parte

For OP No. 3              ………………  - Miss. Rekha Jha &

                                                            - Shri Sumit Kr. Mohanta

Date of Filing                                       : 30.06.2015

Date of Disposal                                 : 19.11.2015

                                                                                                Contd…P/2

Judgment & Order  dt. 19.11.2015

            The case of the complainant is that the OP No.1 is running a business in the name and style of National Motors Authorised Dealer- Escorts Ltd. the manufacture of harvester and other agricultural products etc. The complainant wanted to purchase a harvest and accordingly OP No.3 Sales Executive of National Motors visited the place of the complainant and as per instruction of OP Nos. 1 & 3 the complainant paid of Rs.1,60,000/- on 19.8.2014, Rs.1,80,000/- on 9.9.2014, in spite of payment an amount of Rs.4,90,000/- the OPs did no deliver the harvester, as a result of which the complainant has suffered financial loss and accordingly the complainant has prayed for recovery a sum of Rs.4,90,000/- plus interest and Rs.50,000/- towards compensation.

OPs contested the case by filing a written version whereby it was stated that the complainant took one harvester through his salesman namely Biplab Chakraborty @ Pravakar Chakraborty and the complainant paid of Rs.1,80,000/- in 4 (four) installments and the price of the harvester was fixed of Rs.18,50,000/- and it was settled the complainant would pay a sum of Rs.8,20,000/- before delivery the same but he failed to deposit the same within stipulated time. The complainant paid of Rs.1,80,000/- to the OP No.1 and the OP No.1 deposited the same to the OP No.2 but thereafter the complainant refused to pay the settled amount of Rs.8,20,000/- and wanted to get back the amount of Rs.1,80,000/- and he put pressure upon the salesman who left the job because of the threat made by the complainant. The complainant confined retired salesman and obtained his signature on some blank papers showing that the complainant had paid Rs.4,90,000/-. In view of the said fact that the OPs have prayed for dismissal of the case.

On the basis of the pleadings of the respective parties following points are to be decided :-

                                                                                                Contd…P/3

1. Whether the complainant agreed to purchase the harvester?
2. Whether the complainant paid Rs. 4,90,000/- to the OPs?
3. Whether the OPs failed to deliver him the harvester or to return the amount of Rs. 4,90,000/- alleged to have been paid by the complainant?
4. Is the complainant entitled to get relief as prayed for?

DECISION  WITH  REASONS

            All the points are taken together for the sake of brevity and avoidance of repetition of facts.

            In order to prove the claim of the complainant the complainant has filed some documents including the money receipt which have been marked as exhibits 1, 2 & 3 respectively. The Ld. Lawyer for the complainant argued that though it was settled between the complainant and the OPs that he would purchase a harvester and for that purpose he paid the amount in installments and subsequently whenever he found that the harvester would not be delivered to him, he wanted to get back the amount but the OPs refused to pay back the amount for which the complainant had to file this case. Ld. Lawyer also emphasized that before filing this case a notice was sent through his Lawyer which was replied by the Advocate by the OPs whereby the OPs denied that the complainant paid a sum of Rs.4,90,000/-.

            Ld. Counsel on the basis of the said reply argued that nowhere in the said letter it was mentioned that the complainant put pressure upon the OPs and obtained the signature by force and since the vital documents viz. money receipt where it is clearly shows that the complainant paid to the Prop. of National Motors  to the tune of Rs.1,50,000/- on 10.7.2014, 1,60,000/- on 19.8.2014 and on 9.9.2014 he paid Rs.1,80,000/- totaling the said amount. It is crystal clear that the complainant paid Rs.4,90,000/- to the Prop. of OP No.1. The complainant has only claimed the said amount plus interest and other costs.

                                                                                                Contd…P/4

            Ld. Counsel for the OPs argued that the money receipt which have been filed are all manufactured documents and no such amount was received by the OP No.1 only a sum of Rs.1,80,000/- and the claim of Rs.4,90,000/- is an afterthought claim made by the complainant to harass the OPs. In view of the said fact that the Ld. Counsel emphasized that the complainant will not be entitled to get money of Rs.4,90,000/- as claimed by him.

            Considering the submission of respective parties it is admitted fact that the OP No.1 is the Prop. of the National Motors which is authorized dealer of Escorts Ltd. and it is also admitted fact that there was talk of purchasing of a harvester from the OP No.1 and the said transaction took place through authorized representative of the said OP No.1 which has also been admitted by the OP No.1. In order to substantiate that the claim of the complainant he paid Rs.4,90,000/- the complainant has filed the original receipts as exhibits Nos. 1, 2 & 3 wherefrom it is evident  that the said amount was paid by the complainant to the OP No.1 through his representative OP No.3. The story of taking forcible signature from OP No.1 is an afterthought affair in order to evade the responsibility of OP No.1 to return the amount as claimed by the complainant. No documentary evidence has come before this Forum to accept the plea of OP No.1 that the complainant obtained signature on some receipts forcibly and the receipts were not issued by the OP No.1. In view of the above facts and circumstances of the case since the complainant filed original documents which shows that he actually paid the amount of Rs.4,90,000/- to the OP No.1 for the purpose of purchasing of harvester since the said transaction did not take place and the complainant demanded the amount which the OP No.1 refused to return the amount, therefore, we hold that the complainant will be entitled to get the amount of Rs.4,90,000/- from the OP No.1. The complainant will also be entitled to get compensation of Rs.10,000/- i.e. the complainant will be entitled to get Rs.5,00,000/- in total from the OP No.1. Thus, all the points are disposed accordingly.

                                                                                                Contd…P/5

             Hence, it is

                                                O R D E R E D

            that the instant petition of complaint CC No.34/2015 is allowed on contest. The complainant will be entitled to get a sum of Rs.4,90,000/- plus Rs.10,000/- towards compensation in total a sum of Rs. 5,00,000/-(Rupees Five lakh only) from the OP No.1. The OP No.1 is directed to pay the said amount within 60 days from this day, failing which the complainant will be entitled to get interest @ 9% p.a. till the realization of the said amount.

            Let the copy of this order/judgement is provided to all the parties forthwith free of cost.

            Dictated & corrected

            ………Sd/-….…….                                                    

            (S. N. Chatterjee)                                                       

                President                                                                

            We concur,

            ……Sd/-..……                                                            ………Sd/-……..

              (S. Saha)                                                            (S. Ganguli) 

               Member                                                                Member

1. Date when free copy was issued                         ……………………
2. Date of application for certified copy       ……………………
3. Date when copy was made ready            ……………………
4. Date of delivery                                        ……………………

FREE COPY [Reg. 18(6)]

1. Mode of dispatch                                ……………………
2. Date of dispatch                                  ……………………

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