Tripura

West Tripura

CC/31/2015

The Director, The Family Welfare & preventive Medicine. - Complainant(s)

Versus

The Managing Director, Hindustan Motors Limited & 2 others. - Opp.Party(s)

Mr. T.K.Deb.

06 Apr 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA : AGARTALA

CASE NO:  CC-   31   of   2015

The Director,
The Family Welfare & Preventive Medicine,
Govt. of Tripura,
Agartala, West Tripura.        ...........Complainant.

    
             ___VERSUS___

             
1. The Managing Director,
Hindustan Motors Limited,
9/1, R.N. Mukherjee Road, 
Kolkata-1, West Bengal.

2. The Territory Manager -IM,
Hindustan Motors Limited,
Hind Motors, 712233,
District – Hoogly,
West Bengal,
(Automobile Division),

3. The Chief Finance Officer & Head Legal,
Hindustan Motors Limited,
9/1, R.N. Mukherjee Road,
Kolkata-1, West Bengal.        .........Opposite parties.
    

      __________PRESENT__________

 

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SHR. B. BHATTACHARYA,
MEMBER,
  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

 

C O U N S E L

For the Complainant        : Sri Tapas Kr. Deb,
                      Advocate.

For the O.P.                : Sri Amritlal Saha,
                      Sri Kajal Nandi,
                      Sri Abheek Saha
                      Advocates.                                 

              
        JUDGMENT  DELIVERED  ON:  06.04.2016

J U D G M E N T

        This case was filed by the Director, Family Welfare and Preventive Medicine alleging about the deficiency of service by the O.P., Hindustan Motors Ltd. Fact of the case in short is that the petitioner, Director, Family Welfare placed supply order for 2 ambassador. Invoice was filled up. The cost of vehicle was Rs.5,73,109/- each. Total Rs.11,46,218/- was paid to Managing Director, Hindustan Motors ltd. for supply of 2 ambassadors. The amount was sent on 11.04.14 through demand draft but ambassadors not supplied. Request letter was sent on 04.07.14. After many communication Hindustan Motors promised to refund the amount as the manufacturer of ambassador was closed down. But the amount was not refunded. So, the case was filed for getting back the amount and also cost of suit.

2.        Opposite party, Hindustan Motors authorized signatory appeared, filed W/S denying the claim. It is stated that the Hindustan Motors manufacturer unit already closed down. The Board of Director can give declaration U/S 16 of the companies Act and any remedy for enforcement of right, privilege, obligation, liability shall be suspended. So, proceeding can not continue against the Hindustan Motors in such a situation. 

3.        On the basis of assertion denial made by the parties following points cropped up for determination.
        (I) Whether the petitioner paid the amount and Opposite parties denied to supply after receiving the amount?
        (II) Whether there was deficiency of service by O.P. and petitioner is entitled to get the amount given and any other relief?

4.        The petitioner produced supply order, quotation, correspondence letters, letter of the complainant, route permit, Axis Bank cheque. All are marked Exhibit 1 Series. 
        Petitioner also examined one witness i.e., the Director of Family Welfare.

5.        O.P. on the other hand only cross examined the witness produced no evidence.

6.        On the basis of evidence on record we shall now determine the above points.

        FINDINGS AND DECISION:
7.        Opposite parties in the W/S admitted that it received the amount of Rs.11,46,218/-. It is also admitted that Opposite party had promised the complainant that by October, 2014 advance amount of Rs.11,46,218/- will be refunded. But its company has suspended the work. So, it is evident that the amount was paid to the company through Axis Bank Cheque. We have gone through the request of supply for 2 ambassadors, invoice of the proforma invoice, letter written by Director to Hindustan Motors about sending of demand draft. Again request letter sent for arranging the supply of vehicle. Director wrote territory Manager, Hindustan Motors for sending of Rs.11,46,218/-. Request letter was sent to the Managing Director on 12.08.14. On 12th September, 2014 Chief Financial Officer has given undertaking to refund the advance paid by Director. But the advance was not refunded and the matter was informed by the Director. From careful scrutiny of and evidence of the petitioner it is clear that Rs.11,46,218/- was paid to Hindustan Motors. Hindustan Motors received it and when delivery was postponed then promised to refund but it was not refunded. Request letter for supply was given  on 01.04.14. But after lapse of 9 months it was informed that supply not possible and amount will be refunded. This is deficiency of service and illegal trade practice by the O.P. Due to this deficiency of service and unfair trade practice petitioner, Director, Family Welfare suffered. So, definitely he is entitled to get compensation. He is entitled to get refund of the amount of Rs.11,46,218/- as paid by him to the O.P. in addition to compensation Rs.50,000/-. He is entitled to get Rs.5,000/- as cost of litigation. The two points are decided accordingly.

8.        In view of our above findings over the two points, this petition is allowed. We direct the Opposite party, Hindustan Motors, Managing Director and other authorities of O.Ps to refund the amount of Rs.11,46,218/- paid by the petitioner. We also direct   O.P. to pay Rs.50,000/- in addition to the petitioner for deficiency of service and unfair trade practice. We also direct the O.P. to pay Rs.5,000/- to the petitioner for cost of litigation. In total Rs.11,46,218/- + Rs.50,000/- + Rs.5000/- = Rs. 12,01,218/- is to be paid by the O.P. to petitioner. We direct the O.P. to pay the amount within 2 months, in case of failure the amount will carry interest @ 9% P.A. Supply copy of the judgment.
        
                     Announced.

 

 

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, WEST TRIPURA.    SHRI. B. BHATTACHARYA,
MEMBER,
 DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, WEST TRIPURA.