Date of filing:- 16/12/2019.
Date of Order:-26/02/2020.
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM(COURT)
B A R G A R H.
Consumer Complaint No. 104 of 2019.
Saroj Kumar Sahu, aged bout 34(thirty four) years, Son of Bhubaneswar Sahu, Occupation:- Cultivation, Resident of Dava Ward No.8(eight), Po. Dava Ps. Jharbandh Dist. Bargarh.
Sishil Kumar Sahu, aged about 30(thirty) years, Son of Bhubaneswar Sahu, Occupation:- Cultivation, Resident of Dava, Ward No.8(eight), Po. Dava, Ps. Jharbandh, Dist. Bargarh. ..... ..... ..... Complainants.
-: V e r s u s :-
The Proprietor, Sri A.V.P. Motors, Rengali Camp, Near Petrol Pump, Po. Rengal Camp, Ps. Attabira, Dist. Bargarh, Pin-768027 ..... ..... ..... Opposite Party.
Counsel for the Parties:-
For the Complainant :- Sri P.K.Mahapatra, Advocate with associate Advocates.
For the Opposite Party :- Ex-Parte.
-: P R E S E N T :-
Sri Krishna Prasad Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Ajanta Subhadarsinee ..... ..... ..... ..... ..... M e m b e r (W).
Dt.26/02/2020. -: J U D G E M E N T:-
Presented by Ajanta Subhadarsinee, Member(w):-
Brief facts of the case ;-
In pursuant to Section 12 of the Consumer Protection Act 1986, the Complainants have preferred to file the case pertaining to the deficiencies in service and unfair trade practice by the Opposite Party as here under.
The brief fact of the case is that the Complainant are brothers having same cause of action have filed this case U/s 12(c) of Consumer Protection Act-1986. As they are cultivators for their personal use and for self employment have intended to purchase a K.S.9300 Combine harvester, wherein the Opposite Party has persuaded them to purchase the vehicle from by giving an assurance to provide subsidy with other benefits upon the vehicle i.e. the Combine harvester and has calculated the cost of the vehicle at Rs.22,00,000/-(Rupees twenty two lakh)only on road with prompt service. So the Complainants agreed to purchase the vehicle from the Opposite Party. And the Opposite Party asked them to deposite some advance booking amount and provided his bank account number to the Complainants for the same and assured the Complainants to supply the vehicle to them on Dt.10/10/2019.
Believing on the assurance by the Opposite Party the Complainant No.1(one) has deposited Rs. 1,50,000/-(Rupees one lakh fifty thousand)only vide cheque No. 977886 Dt.30/09/2019 and Rs. 2,00,000/-(Rupees two lakh)only vide cheque No. 977887 Dt.03/10/2019 and the Complainant No.2(two) has deposited Rs.3,00,000/-(Rupees three lakh)only vide cheque No. 98623 Dt.30/09/2019 total amounting Rs. 6,50,000/- (Rupees six lakh fifty thousand)only in the Opposite Party's Bank account number supplied by him vide No. 30925190973.
But the Opposite Party failed to supply the vehicle to the Complainants within the stipulated period and differing the same on different pretext. Therefore the Complainants visited the Opposite Party for ten times by hiring a vehicle for a distance of 170 (one hundred seventy) Kilometers and spent Rs. 3,500/-(Rupees three thousand five hundred)only towards Cab fare for each time for which they have to sept Rs. 35,000/-(Rupees thirty five thousand)only in total and for harvesting their crops they have also spent Rs. 32,000/-(Rupees thirty two thousand)only by hiring the harvester from others.
As per the petition the Opposite Party has given a written assurance to the Complainants to refund them the paid amount for the said harvester, by Dt.30/11/2019. But to no effect, which amounts to deficiencies in rendering service to them and unfair trade practice.
As for such action of the Opposite Party the Complainants suffered financial loss, mental agony and physical harassment and thus the Opposite Party is liable to pay the compensation amount of Rs. 50,000/-(Rupees fifty thousand)only towards mental agony and harassment, Rs.6,50,000/-(Rupees six thousand fifty thousand)only which was given by the Complainants for the harvester and Rs. 67,000/-(Rupees sixty seven thousand)only towards loss sustained by the Complainants along with 18%(eighteen percent) interest from Dt.30/09/2019 till the date of payment and Rs. 15,000/-(Rupees fifteen thousand)only towards litigation expenses.
As per the complaint petition the cause of action arose on Dt.30/09/2019, the date when the Complainants paid advance to the Opposite Party, on Dt. 10/10/2019 when the Opposite Party failed to supply the vehicle to them and on Dt.30/11/2019 when the Opposite Party failed to refund the paid amount by the Complainants.
The Complainants have relied upon the following documents to establish their case (Xerox copies verified with the Original).
Three numbers of money deposit slips with the account No. 30925150973.
Xerox copy of written undertaking issued by the Opposite Party to refund the amount to the Complainants.
Having gone through the Complaint petition along with the documents and hearing the advocate for the Complainants the case was admitted and notice was served on the Opposite Party for his appearance and version. Unserved notice has returned from the Opposite Party with postal endorsement “Addressee Refused, Returned to the sender”. Thus the Opposite Party has got the information about the case so service is sufficient against the Opposite Party. Being noticed the Opposite Party neither appeared nor filed his version till Dt. 27/01/2020, consequent whereupon, the Forum was pleased to set him as Ex-parte and the date fixed for Ex-parte hearing. Heard the matter from the advocate for the Complainants and the case posted for Ex-parte Order.
After a careful scrutiny of the case record and the documents filed by the Complainants and by hearing the advocate, it is found that Complainant No.1(one) and No.2(two) are two brothers and for their cultivation they have intended to purchase the Combine harvester K.S. 9300 from the Opposite party i.e. The Proprietor, Sri A.V.P. Motors, Rengali Camp, Near Petrol Pump, Po. Rengali Camp, Ps. Attabira, Dist. Bargarh, Pin-768027 an authorized dealer. And the Complainant No.1(one) has deposited Rs. 1,50,000/-(Rupees one lakh fifty thousand)only Dt.30/09/2019 and Rs. 2,00,000/-(Rupees two lakh)only Dt.03/10/2019 and the Complainant No.2(two) has deposited Rs. 3,00,000/-(Rupees three lakh)only Dt. 30/09/2019, total amounting Rs. 6,50,000/-(Rupees six lakh fifty thousand)only in the account of the Opposite Party vide Account No. 30925190973, as advance booking amount for the Combine Harvester K.S. 9300 as per the direction of the Opposite Party, and assurance to supply them the vehicle on Dt.10/10/2019 with subsidy and other benefits on the vehicle. But the Opposite Party was failed to provide the vehicle within that stipulated period for which the Complainants visited the Opposite Party several times by hiring a vehicle unnecessarily. Again for harvesting their own crop by they have to spent money by hiring harvester from others, lastly the Opposite Party supplied a undertaking to the Complainants to refund their advance amount paid for the same by Dt.30/11/2019. In that regard the Complainants has filed that written undertaken given by the Opposite Party whereon it is clearly mentioned that booking of K.S. 9300 model machine canceled due to delay of delivery and the same amount shall be refund on Dt. 30/11/2019 without any delay. But the Opposite party did not refund the amount on that fixed date to the Complainant without any reason, which amounts to unfair trade practice and cause deficiency in service to its customers. For such acts of the Opposite Party the Complainants have to face physical financial and mental harassment and they have to spend extra money for visiting the Opposite Party for several times.
It is clear from the documents filed by the Complainants that they are customer of the Opposite Party by giving him Rs. 6,50,000/-(Rupees six lakh fifty thousand)only as advance booking for the vehicle. So it is the duty of the Opposite Party to supply them the vehicle within the given time period i.e. on or before Dt.10/10/2019. Again the Opposite Party has also failed to refund the advance amount of Rs. 6,50,000/-(Rupees six lakh fifty thousand)only on or before Dt.30/11/2019 to the Complainant as per his written undertaking. So in view of such facts and circumstances of the case we are of the consensus view that the Opposite Party has committed unfair trade practice and very much deficient in rendering service to the Complainants for which they have suffered a lot both mentally and physically and got financial loss hence our views is expressed in affirmative to the case of the Complainants and they are entitled for the reliefs as claimed by them. Further even notice was duly served on him but his non appearance before the Hon'ble Forum implies that he is willfully disobeying the order of the Hon'ble Forum and he has nothing to say about the dispute matter of the Complainants.
It can be concluded by us that the Complainants have become the victim of the unfair trade practice of the Opposite Party and for interest of natural justice, they are entitle for redressal of the Forum.
Hence, the Order follows as here under.
- O R D E R -
The Opposite Party is hereby directed to refund the amount of Rs.6,50,000/-(Rupees six lakh fifty thousand)only to the Complainants with an interest 8%(eight percent) per annum from the date of filing of this case till the date of this Order, and Rs.20,000/-(Rupees twenty thousand)only towards loss sustained by the Complainants and Rs. 10,000/-(Rupees ten thousand)only for mental agony, harassment and litigation expenses within one month of receipt of this order in default of which an interest would accrue on the total awarded amount of Rs. 6,80,000/-(Rupees six lakh eighty thousand)only @ 12%(twelve percent) per annum from the date of filing of this case till the actual realization of the total amount.
Accordingly the order is pronounced in the open Forum to-day i.e. Dt.26/02/2020 and the case is allowed against the Opposite Party and disposed off.
Typed to my dictation
and corrected by me.
( Ajanta Subhadarsinee)
M e m b e r(w).
I agree,
(Sri Krishna Prasad Mishra)
P r e s i d e n t.
Uploaded by
Sri Dusmanta Padhan
Office Assistant, Bargarh.
