DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MUCHIPARA, BURDWAN.
D.F.Case No.63/2008
Complainant: Dr.Hasibul Hasan Shirazee,
Ambalika Apartment, Flat No.3,
First Floor, 97,(old 244), DumDum Road,
Kolkata-700 074.
VERSUS
Opposite Party:1. P.J.Janee & Company,
G.T. Road(East), Murgasol, Asansol-3,
District-Burdwan, service through its Manager.
2. T.M.L. Financial Services Ltd.,
Durgapur Branch, City Centre, Durgapur,
Burdwan, service through its Manager.
Present : Hon’ble President: Sri Tushar Kanti Paladhi
Hon’ble Member : Smt. Jharna Majumdar
Hon’ble Member : Sri Ajit Kr. Basu
Appeared for the Complainant: Ld. Advocate, Subrata Ghosh & S.N.Islam
Appeared for the Opposite Party No.1: Ld. Advocate, Souren Mitra
Appeared for the Opposite Party No.2 : Ld. Advocate, Sanyuk Banerjee
Date of delivery: 21.12.2009
JUDGEMENT
This is a case U/S 12 of C.P. Act, alleging unfair trade practice against O.P., P.J.Janee & Company and T.M.L. Financial Services Ltd, and praying for direction to the O.P. to pay Rs.58,316/- and Rs.4,00000/- as compensation towards mental pain and harassment.
The complainant’s case is that he proposed to purchase an Indica DLS EEURO-III Car for his personal use, and one Manas Jash and Sudipta Chowdhury, employee of O.P. No.1 visited the complainant who, informed him that the price of the same is Rs.3,64,392/-. Manas Jash arrange for loan of Rs.3,00000/- from the O.P. @ 3% p.a. O.P. No.2 sanctioned loan of Rs.3,00000/- which was repayable by 57 EMI @ 6045/- per month. Thereafter, the complainant paid Rs.18,000/- in cash to Mr.Manas Jash on 29.11.2006 and Rs.46,393/- by way of Demand Draft on 29.11.2009 and Rs.42,315/- in cash on 14.12.2006. O.P. No.1 delivered the car to the complainant on first week of December, 2006. But he gave invoice, stating the price of car in the month of April, 2007. After getting the tax invoice from O.P. No.1, the complainant knew that the actual price of the car was Rs.3,48,392/- not Rs.3,64,394/-. Thereafter, the complainant received documents from O.P. No.2 in connection with the loan amount of Rs.300000/-, wherefrom he came to learn that the money received by Manas Jash was not fully deposited with O.P. No.2. O.P. No.1 issued a money receipt of Rs.99,908/-, though the complainant actually paid Rs.1,06,708/-. The complainant demanded Rs.58,306/- from O.P. No.1 who, sent cheque of Rs.27,316/- on 5.1.2008. But the complainant refused to accept the same. Hence, the case.
Both O.P. No.1 & 2 filed separate written objection. According to the O.P. No.1, P.J.Janee & Company, O.P. No.1 has not taken any extra money against sale of the car in question. He received 99,908/- from the complainant and has issued proper receipt. O.P. No.1 has no concern with Manas Jash.. O.P. No.1 has denied any relation with O.P. No.2. According to O.P. No.1 he received only Rs.2,75,800/- from O.P. No.2 T.M.L. Financial Services Ltd. and he received Rs.99,908/- from the complainant.
According to O.P. No.2, the complainant cannot allege unfair trade practice against O.P. No.2 for payment of Rs.2,75,800/- in place of Rs.3,00000/- to O.P. No.1. It is a matter between O.P. No.1 and O.P No.2. As regards claim of Rs.58,316/- by the complainant, O.P. No.2 has no concern with it. It is a matter between O.P. No.1 and the complainant.
Points for consideration in this case are:-
1. Whether there is deficiency in service on the part of the O.P. No.1 and O.P. No.2?
2. Whether the complainant is entitled to get relief as prayed for ?
FLINDING WITH REASONS
Admittedly, an Indica DLS EEURO-III Car was purchased by the complainant from the dealer O.P. No.1, P.J.Janee & Company. According to the complainant Rs.1,06,708/- was paid to O.P. No.1 by him either through Manas Jash or by Demand Draft in favour of O.P. No.1. But O.P. No.1 acknowledges Rs.99,908/- by granting receipt. O.P. No.1 does not recognize Manas Jash as their employee. O.P. No.2 admits at para-8 of written objection that the net finance amount is Rs.300000/-. But O.P. No.1, the dealer at para-7 of written objection states that he received only Rs.2,75,800/- from T.M.L. Financial Services Ltd. O.P. No.2. O.P. No.2 has not denied such by filing counter affidavit. So, O.P. No.2 may be directed to make payment of Rs.24,200/- to O.P. No.1. As regards, the allegation of unfair trade practice of O.P. No.1, Ld. Lawyer of the complainant draws our attention to two invoices, supplied by O.P. No.1, one to the complainant and other to O.P. No.2. The price of the vehicle in the invoice supplied to the complainant has been shown as Rs.3,48,392/-. But the price invoice sent to O.P. No.2 has been show as Rs.3,64,392/-. It is the case of O.P. No.1 that Rs.16,000/- has been deducted as scheme discount to the complainant. However, O.P. No.1, has not shown such discount in the invoice sent to O.P. No.2. It is the clear case of unfair trade practice on the part of the O.P. No.1. Thus, the Forum is satisfied that Rs.99,908/- was paid by the complainant to O.P. No.1 either by cash or Demand Draft. Rs.2,75,800/- has also been received by O.P. No.1 from O.P. No.2. So, admittedly O.P. No.1 has received Rs.3,75,708/- for the vehicle in question. But O.P. No.1 is entitled to get Rs.3,48,392/-. As per our observation O.P. No.1 will get Rs.24,200/- from O.P. No.2. This is to note that O.P. No.2 Finance Company has already made calculation upon Rs.3,00000/- and the complainant will have to pay EMI for it. So, O.P. No.1 may be directed to make refund of Rs.27,316/- to the complainant. Thus, the case may be disposed by giving direction to O.P. No.2 to make payment of Rs.24,200/- to O.P. No.1 and to make refund of Rs.27,316/- to the complainant and O.P. No.1 may be directed to pay Rs.25,000/- for unfair trade practice upon the complainant. C.F. paid is sufficient. Hence,
ORDERED
that the case be disposed of on contest and O.P. No.1 will make refund of Rs.27,316/- to the complainant and also make payment of Rs.25,000/- as compensation for unfair trade practice upon him. O.P. No.2 will make payment of Rs.24,200/- to O.P. No.1. All such payment be made within one month from this date of order.
(Sri Tushar Kanti Paladhi)
President
D.C.D.R.F., Burdwan.
Dictated and corrected by me.
(Sri Tushar Kanti Paladhi)
President,
D.C.D.R.F., Burdwan.
(Mrs. Jharna Majumder) (Ajit Kr. Basu)
Member, Member,
D.C.D.R.F., Burdwan. D.C.D.R.F., Burdwan.