First Appeal No. FA/850/2013. Case: Shri Ram Transport Finance Co. Ltd. Vs Sampa Mondal and Ors.. West Bengal State Consumer Disputes Redressal Commission

Case NumberFirst Appeal No. FA/850/2013
CounselFor Appellant: Barun Prasad and Subrata Mondal, Advocate and For Respondents: Sadhan Kr. Saha and Sasanka Kr. Mondal, Advocates
JudgesIshan Chandra Das, J. (President) and Tarapada Gangopadhyay, Member
IssueConsumer Law
Judgement DateMarch 28, 2017
CourtWest Bengal State Consumer Disputes Redressal Commission


Ishan Chandra Das, J. (President), (Kolkata)

  1. This appeal has been directed against the judgment and order dated 08.12.13 passed by District Consumer Disputes Redressal Forum at Berhampur, Murshidabad in CC/9/2009 where by Ld. Forum while allowing of the complaint case against the OP No. 1 ex parte, dismissed the same against the OP No. 2 on contest but without costs. Ld. District Forum directed the OP No. 1 i.e., the Appellant herein to refund a sum of Rs. 1,89,451/- together with interest @ 9% p.a. w.e.f 19.04.2008 to be paid within 2 months from the date of the order impugned and in the event of non-payment within the prescribed period, an interest @ 12% p.a. was to be paid from the date of filing of the complaint case. i.e., on and from 20.01.2009.

  2. Being aggrieved by and dissatisfied with the impugned judgment, the present Appeal has been preferred.

  3. The fact of the case is that the Complainant (who is none but the Respondent No. 1 herein and herein-after referred to as Respondent No. 1) approached the Appellant for purchasing a Truck and the Respondent No. 2 was directed by the Appellant herein to deliver the Chassis of TATA Truck Model No. LPT 2515/48TCExc-II, Engine No. 70062582220 and Chassis No. 426031GSZ216858 which was initially allotted to one Md. Shahiq of Barua, Beldanga with the understanding that afterwards the name of said Md. Shahiq would be rectified. Thereafter, the Respondent No. 1 herself got delivery of the Chassis together with her father and approached the body builder (United Body Builders Chuanpur, Murshidabad), who thereafter, manufactured the body and in the meantime on 30.09.2007 there was an agreement between the Appellant and Respondent No. 1 for initial payment of Rs. 91,950/- against the settled price of Rs. 10,34,000/- of the said chasis and the Appellant supplied a payment schedule against the said loan on 15.10.2007. The Respondent No. 1 insured the said vehicle with Bajaj Allianz and deposited a sum of Rs. 35,415/- for insurance premium of the said vehicle. The Petitioner also spent Rs. 85,000/- for manufacturing the body of said vehicle and also deposited Rs. 2,000/- on 10.01.2008 Rs. 8000/- on 29.02.2008 and Rs. 2500/- on 15.04.2008 to the Appellant on receipt, granted by the Appellant herein. The Respondent No. 1 also deposited post dated blank cheques as per instructions of the Appellant.

  4. Thereafter, all on a sudden on 19.04.2008, the employee of the Appellant came to the Petitioner...

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