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. 103 of 2019.
Biswanath Sahu, aged about 61(sixty one) years, Son of late Kirtan Sahu, Occupation- Cultivation, Resident of Rajendrapur, Po. Dava, Ps. Jharbandh, Dist. Bargarh. ..... ..... ..... Complainant.
-: V e r s u s :-
The Proprietor, Sri A.V.P. Motors, Rengali Camp, Near Petrol Pump, Po. Rengali 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 Complainant has 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 is a cultivator and for his personal use and for his self employment has intended to purchase a K.S.9300 Combine harvester, wherein the Opposite Party has persuaded him to purchase the vehicle from him by giving an assurance to provide the 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 Complainant agreed to purchase the vehicle from the Opposite Party. And the Opposite Party asked him to deposite some advance booking amount and provided his bank account number to the Complainant for the same and assured the Complainant to supply the vehicle on Dt.10/10/2019.
Believing on the assurance given by the Opposite Party, the Complainant has transferred Rs. 5,00,000/-(Rupees five lakh)only from his Bank Account No. 1210700218-1 to the Account of the Opposite Party, supplied by him on Dt.30/09/2019 through N.E.F.T.
But the Opposite Party failed to supply the vehicle to the Complainant within that stipulated period and differing the same on different pretext. Therefore the Complainant visited the Opposite Party for nine 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 Car fare for each time for which he has to spent Rs. 31,500/-(Rupees thirty one thousand five hundred)only in total and for harvesting his crop he spent Rs. 35,000/-(Rupees thirty five thousand)only by hiring the harvester from others.
As per the petition of the Complainant the Opposite Party has given a written assurance to the Complainant to refund the paid amount for the said harvester, by Dt.30/11/2019. But to no effect, which amounts to deficiencies in rendering service and unfair trade practice.
As for such of these action of the Opposite Party the Complainant 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.5,00,000/-(Rupees five lakh)only which was given by the Complainant for the harvester as advance and Rs. 61,500/-(Rupees sixty one thousand five hundred)only towards loss sustained by the Complainant 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 Complainant paid advance to the Opposite Party, on Dt. 10/10/2019 when the Opposite Party failed to supply the vehicle to him and on Dt.30/11/2019 when the Opposite Party failed to refund the paid amount of the Complainant.
The Complainant has relied upon the following documents to establish their case.(Xerox copies verified with the Original)
Bank account of the Complainant.
Xerox copy of written document issued by the Opposite Party acknowledging his fault and liability and undertaking to refund the paid amount.
Having gone through the Complaint petition, documents and hearing the advocate for the Complainant 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 Complainant and the case is posted for Ex-parte Order.
After a careful scrutiny of the case record and the documents filed by the Complainant and by hearing the advocate, it is found that Complainant has 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 the authorized dealer. And the Complainant has transfered Rs. 5,00,000/-(Rupees five lakh)only from his bank account No. 1210700218-1 to the account number supply by the Opposite Party Dt.30/09/2019 through N.E.F.T. reflected in the Bank account of the Complainant as advance booking amount for the Combine Harvester K.S. 9300 as per the direction of the Opposite Party, with assurance to supply 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 Complainant visited the Opposite Party several times by hiring the vehicle unnecessarily. Again for harvesting his own crop the Complainant spent extra money by hiring harvester from others, lastly the Opposite Party supplied a undertaking to the Complainant regarding the refund of the advance amount paid by him for the same by Dt.30/11/2019. In that regard the Complainant has filed the written undertaking given by the Opposite Party mentioning there in 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 customer. For such acts of the Opposite Party the Complainant has to faced physical, financial and mental harassment and he has to spent extra money for visiting the Opposite Party several times.
It is clear from the documents filed by the Complainant he is the customer of the Opposite Party by giving him Rs. 5,00,000/-(Rupees five lakh)only as advance booking for the vehicle. So it is the duty of the Opposite Party to supply him the vehicle within the specific time period i.e. on or before Dt.10/10/2019. Again the Opposite Party has also failed to refund the advance paid amount of Rs. 5,00,000/-(Rupees five lakh)only by the Complainant on or before Dt.30/11/2019, 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 Complainant for which he suffered a lot both mentally and physically and got financial loss hence our view is expressed in affirmative to the case of the Complainant and he is entitle for the reliefs as claimed by him. Further even notices was duly served on the Opposite Party 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 Complainant.
It can be concluded by us that the Complainant become the victim of the unfair trade practice of the Opposite Party and for interest of natural justice, he is 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 amount of Rs.5,00,000/-(Rupees five lakh )only to the Complainant with an interest 8%(eight percent) per annum from the date of filing of this case till the date of this Order, and Rs. 12,000/-(Rupees twelve thousand)only towards loss sustained by the Complainant 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. 5,22,000/-(Rupees five lakh twenty two 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.
