IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/182/2019.
Date of Filing: Date of Admission: Date of Disposal:
02.12.19 09.12.19 01.06.22
Complainant: Abul Kalam Azad
S/O Abdul Latif, Vill&PO-Debkunda,
PS-Beldanga, Pin-742133
-Vs-
Opposite Party: A.R Motors,
Authorised Sub Dealer Of T.V.S. Motor Co. Ltd.
Chhapakhana Opposite Of Ashram
PO&PS-Beldanga, Pin-74213
Agent/Advocate for the Complainant : M.D.C.A
Agent/Advocate for the Opposite Party No.1 : None
Present: Sri Ajay Kumar Das………………………….......President.
Sri. Subir Sinha Ray……………………………….Member.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
Sri.ajay kumar das, presiding member.
This is a complaint under section 12 of the CP Act, 1986.
One Abul Kalam Azad (here in after referred to as the Complainant) filed the case against Proprietor, A.R. Motors, Authorised Sub Dealer of T.V.S. Motor Co. Ltd. (here in after referred to as the OP) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows:-
The Complainant Abul Kalam Azad approached the OP, A.R. Motors, Authorised Sub Dealer of T.V.S. Motor Co. Ltd. with the intent to purchase a two wheeler of TVS Brand and the OP, A.R, Motor asked the Complainant, Abul Kalam Azad
Particulars | | Amount (Rs.) |
Price of Victor Disc Ref BS4 two wheeler | Basic Price | 46918.75 |
Standard | CGST @ 14.00% SGST @ 14.00% | 6568.63 6568.63 |
Total | | 60056.00 |
Road Tax & Insurance A/C | | 17648.00 |
Grand Total | | 77704.00 |
to deposit Rs. 77,704/- by providing an invoice.
The Complainant submits a copy of that invoice which was paid in cash. Thereafter the delivery of the said two wheeler on 14 Dec, 2018 following receipts/adjustments were provided
Purchase Price | Rs. 600056.00 |
Insurance
Particulars | Amount (Rs.) |
Own Damage Premium Add on coverages (Zero dep) Basic Third Part Liability PA Cover for Owner Driver of Rs.15 Lakh Total Premium SGST (9%) CGST (9%) ____________________________________________ Gross Premium | 479.00 257.00 3285.00 750.00 430.00 430.00 |
Particulars | Amount(Rs.) |
Service/ User Charge MV Tax (14 Dec 2018 to One Time) Transaction Fee Showroom Inspection Fee New Registration | 20.00 5406.00 20.00 50.00 300.00 |
Road Tax
The Complainant submits the sum total of the receipts arrives at Rs. (60056.00+5631.00+5796.00) or Rs. 71483.00. The Complainant also submits the photocopies of the receipts.
The Complainant requested the OP to pay back the excess amount of Rs. (77704.00-71483.00) i.e. Rs. 6221.00. The Complainant further submits that no documents or policy was given against the money paid for insurance, i.e. Rs.5631/-. The Complainant has doubt that whether the insurances were actually done or not.
The Complainant prayed for the amount of Rs.6221.00 along with interest as it will be deemed fit to deliver the Insurance Policy and to pay back the sum of Rs. 5631/- taken for insurances along with compensation for mental agony and harassment.
Finding no other alternative, the Complainant filed the instant case for appropriate relief.
The OP took notice but did not turn up for the reason best known to him. So, the case proceeded ex-parte against the OP.
Decision with Reasons:
Ex-parte hearing was held on 30.05.22. On that day the Complainant filed a petition praying for accepting the complaint as evidence as the complaint has been filed on affidavit. The prayer of the Complainant was allowed and complaint is treated as evidence.
Complainant submits before this District Commission that he paid Rs.77,704/- for the purchase of two wheeler TVS Brand having chasis No. MD625GF16J1LA4100 and engine No. JF1KJ1825985 and accordingly A.R. Motors, Authorised Sub-Dealer of TVS Motor Co. Ltd. issued an invoice dated 03.12.18 showing the receipt of payment of Rs.77,704/-. The Complainant paid the road tax and the insurance A/C amounting Rs.17,648/-. Exhibit 3 is the insurance policy where in it is found that Rs.5,631/- had been paid for the insurance policy for the period from 12 Dec,2018 6:10pm to 11Dec, 2023 11:59 pm and Rs. 5,796/- had been paid for road tax and for that purpose State Transport Dept. Murshidabad RTO, WB had issued the payment receipt to that effect. The Complainant further submits that (Rs.5,631/-+ Rs. 5,796/-) in total Rs. 11,427/- had been paid for the insurance policy and the road tax. But the OP collected Rs. 17,648/- from the Complainant and as such OP has received excess payment of Rs. 6,221/-.
The Complainant drew my attention to Exhibit-4 where in it is found that on 09.09.19 the Complainant wrote a letter to the Proprietor, A.R. Motors, Authorised Sub Dealer of TVS Motor Co. praying for refund of Rs. 6,221/- but the OP did not return the same. The Complainant prays for the return of the said amount of Rs. 6,221/- along with interest and he also prays for necessary compensation for mental pain and agony and harassment.
After hearing the complaint I peruse the materials on record. The submission made by the Complainant corroborates the Complaint. The documents filed by the Complainant also corroborates the case of the Complainant. In spite of receiving notice the OP has not turned up. Considering the facts and circumstances of the case, evidence of the Complainant and the documents filed by the Complainant, we are of the view that the Complainant has proved his prima facie case and as such he is entitled to get the relief as prayed for.
Reasons for delay
The Case was filed on 02.12.19 and admitted on 09.12.19. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.
In the result, the Consumer case allowed.
Fees paid are correct. Hence, it is
Ordered
that the instant complaint case No. CC/182/2019 be and same is allowed ex-parte against the OP with litigation costs of Rs.2,000/- (Rupees Two Thousand only).
The OP is directed to pay Rs. 6,221/- along with interest @ 6% PA with effect from the date of this order.
OP is further directed to pay Rs. 3,000/- for mental pain and agony and for harassment to the Complainant.
OP is further directed to pay the litigation cost of Rs.2,000/- (Rupees Two Thousand only), award of Rs. 3,000/- (Rupees Three Thousand only) along with interest @ 6% PA with effect from the date of this order and Rs.3,000/- (Rupees Three Thousand only) for mental pain and agony and for harassment within 60 days from the date of this order.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
