West Bengal

Dakshin Dinajpur

CC/33/2021

Sri Surajit Mahato, S/O- Late Tarekeshwar Mahato - Complainant(s)

Versus

The Hironmoyi Motors, Prop.- Rintu Das, C/O- Sankar Mondal - Opp.Party(s)

Samit Bhowmick

10 May 2023

ORDER

 Today is fixed for passing ex-parte order. 

 The instant case has been initiated by the complainant U/S – 35 of C.P. Act, 2019 against the Opposite Parties claiming Principal amount - Rs.74,800/- + Compensation – Rs.50,000/- + Litigation Cost – Rs. 20,000/- .

The fact of the case, in brief, is that the Complainant booked one Mahindra Alfa E Rickshaw from the Branch Office of Opposite Party No.1and he paid Rs.74,000/- ( Rs.15,000/- on 30.12.2019 & Rs.50,000/- & Rs.9,000/- on 11.01.2020 ). The Opposite Party No.1 is duly authorized by Opposite Party No.2. But the Opposite Party did not supplied the said E Rickshaw to the Complainant rather the Opposite Party No.1 closed the Branch of the Balurghat. Thereafter, the Complainant went to the office of the Opposite Party No.1 and the Opposite Party No.1 and his staffs assured the Complainant that the booking amount will be refund very soon. As per direction of the Opposite Party No.1 supplied the photo copies of the documents along with is Bank account no. On 10.05.2021 the Complainant along with his advocate went to the office of the Opposite Party No.1and talked with him but the Opposite Party No.1 became furious and told that he will not refund the amount and told that do whatever you can. There is full negligence and deficiency in service on the part of the Opposite Parties. Having no alternative, the Complainant became bound to take the shelter of this commission for getting proper redress.  

It appears from the case record that notice was issued to the Opposite Parties and after getting notice the Opposite Party No.1 appeared before this Commission by filing Vokalatnama and prayed for time for filing written version.  Subsequently, the Opposite Party did not appear before this Commission nor filed

 written version so, the case is proceeded ex parte against the Opposite Party No.1. The notice has also been served to the Opposite Party No.2 but he did not appear before this Commission so the case is also proceeded ex parte against the Opposite Party No.2.

To prove his case, the complainant has submitted the following documents-

(I) Original Money receipt dated 30.12.2019 and 11.01.2020

(ii) Photo copy of Board of the shop of O.P.No.1

 

 

                                         DECISION  WITH  REASONS

          

             We have heard argument by  the Complainant.  Perused the case record and the documents filed by the Complainant.

           At the time of argument, the Complainant has narrated his case and further submitted that in spite of several request, the Opposite Party No.1neither delivered the said E Rickshaw nor refunded the money paid by him. There is deficiency in service on the part of the Opposite Party No.1. Hence,  the prayer of the Complainant should be allowed. 

       On perusal of the money receipt dated 30.12.2019 and 11.01.2020, it is clear that the Complainant has paid Rs.74,000/- to the Opposite Party No.1 and booked Mahindra Alfa E Rickshaw but the Opposite Party No.1 did not deliver the said E Rickshaw nor refunded the booked money to the Complainant till now. Apart from it, the Opposite Party No.1 & 2 did not appear before this Commission to challenge the allegation of the Complainant. In such circumstances, the case of the Complainant can not be disbelieved.

 In view of the above mentioned discussions, it has been established that the Complainant is a bona fide consumer to the Opposite Party No.1 and there is deficiency in service on the part of the Opposite Party No.1. We do not find any role of Opposite Party No.2 in this case.

 

 Hence, it is

                                                       O R D E R E D

             

   That the Consumer Case No. 33 of 2021 is hereby allowed ex parte in part but with cost against Opposite Party No.1 and dismissed against Opposite Party No.2. 

           The Opposite Party No.1 is directed to pay a sum of Rs. 74,000/- with an interest @ 8% from 30.12.2019 till the full realization by issuing an account payee cheque in favour of the Complainant within 45 days from the date of passing of this order. The Opposite Party is further directed to  pay Rs. 5,000/- toward Compensation and Rs.5,000/- towards litigation cost  within 45 days from the date of passing of this order by issuing an account payee cheque in favour of the Complainant failing which the Complainant is at liberty to execute the order as per law.

              Let a plain copy of this order be supplied to the parties free of cost.