IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.
C.C No.110/2014
Sri Golak Bihari Sahoo,
At:Dadhapatna,PO/P.S:Barang,
Dist:Cuttack. … Complainant.
Vrs.
The Manager,
SKY Automobiles,
P.O/P.S:Bhanapur,N.H-5,Cuttack,
P.S: Cuttack Sadar,Dist:Cuttack. … Opp. PartY.
Present: Sri B.K.Das,President.
Sri Pitabas Mohanty, Member.
Date of filing : 05.08.2014
Date of final hearing: 18.03.2016
Date of Order: 26.03.2016
O R D E R
That is a dispute wherein the petitioner not only alleges deficiency in service but also unfair trade practice on the part of the O.P due to not only supplying the car but also not refunding the booking amount.
- The facts shortly as per complaint petition are that the petitioner wants for purchase a second hand four wheeler car for his family use for which deposited a sum of Rs.5,000/- vide money receipt No.1330 dt.07.05.2014 before the O.P as booking amount as well as selected pre-owned Alto car bearing Regd. No.OR-02-AX-1253 for purchase.
- Soon after the booking amount was deposited the O.P assured the petitioner that within a week loan facility will be arranged and thereafter the above cited Alto Car physically will be hand over to the complainant.
- After some days the petitioner visited the office of O.P where the petitioner came to know that the loan facility was not available for which the petitioner proposed to purchase the Car on payment of cash. The O.P asked the petitioner come with money to purchase the said vehicle.
- Thereafter on 26.5.204 though the complainant went to the office of O.P with cash to purchase the said vehicle but the O.P informed that the booked Alto Car of the petitioner has already been sold to other customer. Thereafter the petitioner demanded to return back the advanced booking amount of Rs.5,000/- but the O.P has not yet returned the booking amount taking various pleas.
- Accordingly finding no other way the petitioner knocked the door of this Fora with the prayer to direct the O.P to return the booking amount of Rs.5,000/- with 18% interest from the date of deposit as well as award of Rs.55,000/- towards cost and compensation.
- In the present case though several opportunities have been given to the O.P but the O.P though appeared but not filed the written version nor contested the dispute. In such situation we are constrained to accept the statement of the complaint petition of the petitioner as uncontroverted in view of the observation of appellant forums stated below:-
- 20032-CLT-Vol-96-p-15-para-4 CD No.37/2002(S.C.D.R.C,Odisha)
“Absence of written version commission is bound to accept the uncontroverted statement made in the complaint.”
- 2013(1) CPR-507-N.C.
“In case written version not filed after several opportunities it has no defense on merit”.
Owing to the above narrated observation as well as facts and circumstances of the case; the blame is to be placed at the door of O.P. As such to meet the ends of justice we allow the dispute against the O.P.
In the result the dispute is allowed against the O.P. The O.P is directed to refund the booking amount of Rs.5,000/- with 9% interest from the date of deposit till realization along with Rs.3000/-(three thousand) as compensation to the complainant within one month from the date of receipt of this order, failing which the petitioner is at liberty to take shelter of this Forum for realization of the above awarded amount.
Typed to dictation, corrected and pronounced by the Hon’ble Member in the open Court on this the 26th day of March, 2016 under the seal and signature of this Forum.
(Sri B.K.Das )
President.
(Sri Pitabas Mohanty )
Member.
