SANJIV BHATTACHARYA Vs. DEBJYOTI BHATTACHARJEE

JUDGEMENT

(1.) The present Revision Petition has been filed by the Petitioner under Sec. 21 (b) of the Consumer Protection Act, 1986 (hereinafter referred to as the 'Act') against impugned order dtd. 29/3/2017, passed by the State Consumer Disputes Redressal Commission, West Bengal ('State Commission') in First Appeal No. 800 of 2014. In this appeal, the Petitioner/ Complainant appeal was dismissed, thereby affirming the Order dtd. 25/6/2014, passed by the District Consumer Disputes Redressal Forum, North 24 Pgs., Barasat ('District Forum') in Consumer Complaint No. 520 of 2013.

(2.) For convenience, the parties are referred to as placed in the original Complaint filed before the District Forum. Vide order dtd. 13/2/2019, the Legal Heirs of the deceased complainant Sanjib Bhattacharya were substituted.

(3.) The brief relevant facts of the case are that the Complainant was in need of a personal four-wheeler and booked a Maruti Zen vehicle at the premises of the Opposite Party (OP). Initially, the Complainant paid Rs.60,000.00 through a cheque dtd. 7/12/2011 and booked a Maruti Zen. However, despite the cheque being duly encashed on 9/12/2012, the OP failed to deliver the vehicle as agreed. Instead, the OP delivered an old, color faded golden Maruti Zen to the Complainant. He rejected it due to pending road tax payments and negative feedback from their automobile mechanic. However, the OP neither provided the vehicle or addressed his concerns. Subsequently, he sent a legal notice on 26/8/2013. but no prompt a resolution was made. Consequently, feeling aggrieved by these actions, the Complainant filed a Consumer Complaint No. 250 of 2013 before the District Forum, sought relief amounting to Rs.15,81,000.00 on various heads.