PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 187/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Sri. Soumitra Pradhan,

S/O- Late Biswamitra Pradhan, Vill-chandapur,

At/PO-Tribanpur, Via-Rairakhol,

Dist- Sambalpur, Odisha.                                                ……………..Complainant

Vrs

Proprietor, SRI SAI AUTO,

Nuasahi, Boudh Road, A/P-Rairkahol, Sambalpur-768106. ……….....Opp.Party

Counsels:-

1. For the Complainant         :- Self
2. For the O.P.                        :- Ex-parte

Date of Filing:05.06.2024,  Date of Hearing :20.08.2024,  Date of Judgement :03.09.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The Complainant in order to give a gift to his sister Uma Bharati in marriage on 11.03.2024 contracted the O.P. to  deliver one Honda Unicorn Bike Black Colour and deposited Rs. 50,000/-. The O.P. assured to deliver the vehicle before 20^th March 2024. The O.P. issued a tax invoice to the Complainant. The vehicle was not delivered before/on 20.03.2024 nor the amount was refunded. The Complainant was compelled to purchase a bike from Athamallik. During the period met an accident and sustained repairing cost of Rs. 27,940/-. During marriage the Complainant was ashamed in public due to the O.P. Being harassed complaint has been filed.
2. The O.P. has been set ex-parte.
3. Perused the tax invoice dated 11.03.2024 for Rs. 50,000/- wherein the O.P. assured to deliver the vehicle on 18.03.2024. The receipt has been issued in the name of proposed groom of Uma Bharati Pradhan namely Umesh Mahakud. The marriage date was fixed on 20.03.2024 as it reveals from the invitation card submitted. The receipt of Rs. 27,940/- to-wards damage caused in accident to vehicle No. Od-31L 9717 on 22.03.2024.
4. After going through the pleadings and documents submitted it reveals that the O.P. has violated the contract. Although assured to deliver the vehicle before 18.03.2024 till 20.03.2024 marriage date vehicle was not delivered to the Complainant. Due to non-delivery of vehicle the Complainant was compelled to go to Athamallick to save his family image in public and met the accident on the way from Athamallick. Although no any documents relating to accident has been filed but the repairing items prove that due to accident the head-light was damaged, sit cover, shock observer, oil seal etc were affected and to-wards repairing Rs. 27,940/- cost was borne by the Complainant.

At the time of marriage of the girl, certainly the brother Complainant has passed through mental tension due to the O.P. and harassed. No doubt alternative arrangement of new vehicle No. OD 31L 9717 was made but due to violation of contract the Complainant sustained not only loss but also deliver the vehicle on gift on 22.03.2024, two days after the marriage. It amounts to deficiency in service on the part of O.P.

Taking into consideration the circumstances of the case following order is passed:

ORDER

The complaint is allowed ex-parte against the O.P. The O.P. is directed to refund Rs. 50,000/- with 9% interest W.e.f. 11.03.2024 within one month of this order to the Complainant. For harassment and violation of contract the O.P. is liable to pay compensation of Rs. 50,000/- and damage cost to-wards repairing Rs. 27,940/-. Further O.P. is liable to pay litigation cost of Rs. 5,000/-. In case of non-payment the entire amount will carry 12% interest P.A. till realisation.

Order pronounced in the open Court today on 3^rd day of Sept., 2024.

Free copies of this order to the parties are supplied.