FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
This is an application u/s.12 of the C.P. Act, 1986.
The short facts necessary for our purpose are summarized hereunder:-
The complainant obtained route permit for plying an Auto from Bonhooghly to Dakshinesware BSF camp via Alam Bazar. The said route permit was issued by the Secretary, Regional Transport Authority, Barasat, 24 Pgs (N) vide Memo No. 1254/13/MV/BST dated 28.02.2019. The price of new LPG Auto Rickshaw (4 stroke) was Rs. 1,95,000/-. Complainant paid Rs. 1,95,000/- to the OP Country Motors Pvt. Ltd. vide Demand Draft dated 27.03.2019 against proper receipt for purchasing a new LPG Auto Rickshaw. OP delivered a second hand Auto Rickshaw instead of new LPG Auto Rickshaw (4 stroke) despite receiving full price. There is deficiency in service on the part of the OP. A legal notice dated 25.09.2019 was issued to the OP but no consequence. Finding no other way out, the complainant filed the instant consumer complaint.
The OP was duly served of the complaint. However, despite service of notice upon them, no WV is filed. Thus, the case has been proceeded ex parte against the OP.
Complainant Smt. Sutapa Mistry has filed her evidence by way of affidavit supporting the allegations made in the complaint. Perused photocopies of documents annexed with the consumer complaint.
Ld. Advocate for the complainant argued that despite payment of Rs. 1,95,000/- the OP did not deliver new LPG Auto Rickshaw to the complainant. In spite of legal notice dated 25.09.2019, OP did not refund the amount. Alleging deficiency in service and unfair trade practice, the complainant filed the complaint seeking all the reliefs as prayed for.
We have give our thoughtful consideration on the contention raised by the Ld. Advocate for the complainant and have carefully gone through the record.
Complainant by way of un-contradicted testimony has proved that she has paid Rs. 1,95,000/- vide Demand Draft bearing No. 417873 dated 27.03.2019 to the OP for purchasing a new four stroke LPG Auto Rickshaw. OP also issued money receipt dated 28.03.2019 against payment. Despite payment, OP did not handover new four stroke LPG Auto Rickshaw to the complainant. Legal notice dated 25.09.2019 was duly sent to the OP but no consequence. Demand Money has not return to the complainant. Therefore, we have no hesitation in concluding that the OP has committed deficiency in service as also indulged in unfair trade practice.
For the foregoing reasons, the complainant is entitled to succeed. This consumer complaint is accordingly allowed with following directions:-
- OP is directed to refund Rs. 1,95,000/- (Rupees One Lac Ninety Five Thousand) only to the complainant within 45 days from today.
- OP is also directed to pay a sum of Rs. 10,000/- (Rupees Ten Thousand) only to the complainant as compensation for causing mental agony within the stipulated period.
- OP is directed to pay a sum of Rs. 5,000/- (Rupees Five Thousand) only as cost of litigation to the complainant within the stipulated period.
Copy of order be communicated to the parties, as per rule.
