By Jayasree Kallat, Member

 

            The petition was filed on 30.12.2011. The petition is filed under section 12 of the Consumer Protection Act. The complainant had participated in a bid for getting a favourable Registration No.KL.11.AE.1001 for his vehicle. He had deposited an amount of Rs.2000/- on 19.11.2009 to participate in the bid. The bid was on 07.12.2009. The complainant did not succeed in the bid. So he had filed an application for the refund of the amount. Even though the complainant contacted the opposite party several time for the refund of the amount opposite party did not respond to the request of the complainant. Even after two years the opposite party has not refunded the amount. According to the complainant this is deficiency in service and unfair trade practice on the part of the opposite party. The complainant had suffered mental agony and financial loss due to the deficient act of the opposite party. Hence this petition is filed seeking relief. 

            Notice was issued to the opposite party. Opposite party received notice and represented for the first posting on 06.02.2012. But for the next posting opposite party did not appear or file any version. Hence opposite party was called absent and set exparte.

            The complainant was examined as PW1 and Ext.A1 to A5 were marked on complainant’s side.

            The complainant’s case is that he had deposited Rs.2000/- before the opposite party to participate in the bid for a fancy Number for his vehicle. Ext.A1 produced by the complainant is the receipt showing that he had deposited Rs.2000/- before the opposite party. The complainant did not succeed in the bid which had taken place on 07.12.2009. According to the complainant he is entitled to get back the deposited amount of Rs.2000/- Opposite party did not refund the amount even after lapse of two years. Mean while complainant constantly approached the opposite party for receiving back the amount. Ext.A2 is the document which the complainant has produced to show that he is entitled for refund of Rs.2000/- from opposite party. Even after receiving notice from the Forum, opposite party has not taken any action to refund the amount. Hence we are of the opinion that there was deficiency in service on the part of the opposite party, and for the same reason complainant is entitled for relief. 

            In the result the petition is allowed and opposite party is directed to return back Rs.2000/- to the complainant along with compensation of Rs.500/- within 30 days of receiving copy of the order.

Pronounced in the open court this the 29^th day of February 2012.

Date of filing:30/12/2011.

 

               SD/-PRESIDENT                         SD/-MEMBER                SD/- MEMBER

 

APPENDIX

 

Documents exhibited for the complainant:

A1. Receipt of deposit of Rs.2000/- before the opposite party.

A2. Application regarding right to information Act for getting the refund of the amount

A3. Reply letter dtd.12.07.11 for the right to information Act.

A4. Lawyer notice dtd.24-08-2011 to the RTO.

A5. Tapal acknowledgment receipt card dtd.29.08.11.

 

Documents exhibited for the opposite party:

Nil

 

Witness examined for the complainant:

PW1.Bhanuprakash.E.K.(Complainant)

 

Witness examined for the opposite party:

 None.

                                                                                                                        Sd/-President

 

//True copy//

 

 

(Forwarded/By Order)

 

 

 

SENIOR SUPERINTENDENT