ABHISEK RAJGARIA Vs. R D MOTORS PVT LTD

JUDGEMENT

(1.) THE present Appeal has been directed against the judgment and order dated 29.11.2010 passed by North 24 Parganas District Consumer Forum in C.C. Case No. 17/2010 wherein the learned District Forum dismissed the complaint petition without cost.

(2.) THE case of the Complainant/Appellant before the learned District Forum, in brief, was that the complainant entered into a contract with the OP/Respondent for the purpose of purchasing a new vehicle by exchanging his old one at a cost of Rs.2,00,000 and made payment of Rs.3,11,315 by an A/c Payee Cheque being numbered 531105 date 17.10.2008 drawn on State Bank of Bikaner and Jaipur, Azad Hind Bag Branch, Kolkata, in favour of the OP alongwith some valuable documents relating to his old Car being numbered WB -02V -6443 together with original telephone bill, etc. According to the complainant, the transaction could not be materialized due to violation of the contract at the instance of the OP. Under such circumstances, the complainant requested the OP to return his A/c Payee Cheque and other documents, which were lying with the OP. The OP did not return the cheque and other papers, which has compelled the complainant to institute the petition of complaint for proper redressal.

(3.) THE OP contested the case by filing a written version thereby denying all the material averments mentioned in the petition of complaint contending inter alia that the cheque supplied by the complainant to the OP could not be encashed due to insufficient fund and for this the OP had to bear some cost towards banking charges, etc. The complainant was informed about this state of affairs and the OP also requested the complainant to pay to the OP the charges borne by the OP in respect of non -encashment of the A/c Payee Cheque in question, which the complainant did not comply with. The petition of complaint having been filed on all false and fictitious grounds the same was liable to be dismissed.