- Asit Ranjan Kusari,
Flat-C3, Regent Apartment,
10, N.N. Duttta Road,
P.S. Regent Park, Kolkata-40. _________ Complainant
____Versus____
- Hony. Secretary General,
Automobile Association of Eastern India (AAEI),
13/2, Pramathesh Barua Sarani,
P.S. Ballygunge, Kolkata-19.
- Regional Transport Office (RTO),
South 24 Parganas, Alipore,
P.S. Alipore, Kolkata-27. ________ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 8 Dated 14/01/2015
The case of the complainant in short is that complainant has a Maruti 800 car of model 1986 being registration no.UHN 6301. Complainant is a member of AAEI since 1998 and was allotted to membership no.K56061 under o.p. no.1. Copy of the said membership is still valid since he has enclosed a money receipt of 2013-14 to that effect which has been annexed by complainant as annex-A with the petition of complaint. Complainant approached to o.p. no.1 and paid Rs.10,940/- towards renewal of “Life Time Tax” of the aforesaid vehicle to be issued by o.p. no.2. Complainant also annexed the computerized money receipt dt.6.5.13 to that effect. Complainant approached to o.p. no.1 at his office to collect the tax token but they informed that has not been ready. Complainant further stated that o.p. no.1 informed him that before changing the registration number since it has been registered in other state beyond West Bengal the tax token could not be issued by o.p. no.2. O.p. no.1 has taken the smart card which is valid upto 30.1.2017 of the aforesaid card in respect of obtaining tax token from the complainant by o.p. no.1.
Complainant further stated that he is regularly paying premium towards insurance of the vehicle and the photocopy of the same has been annexed by complainant to that effect along with petition of complaint. Complainant further stated that after a great deal of persuasion he has not even obtained the tax token from o.p. no.1 nor the smart card after duly endorsed of change of address of the complainant on the same by o.p. no.2. Under such circumstances, complainant filed the case before this Forum with the prayer contained in the prayer portion of the petition of complaint.
O.ps. did not appear before this Forum to contest the case by filing w/v in spite of receiving notices duly served upon them and accordingly, the case has been proceeding ex parte against the o.ps.
Decision with reasons:
Since the case is proceeding ex parte the documents filed by complainant remained unchallenged testimony. After considering the submissions of the complainant and on careful scrutiny of the entire materials on record, we find that o.p. no.1 made sufficient deficiency towards providing service to the complainant since o.p. no.1 has received the consideration money of Rs.10,940/- towards the job allotted to them for renewal of the life time tax token of the vehicle in question as well as take necessary steps to change the address of the complainant in the smart card of the vehicle. It is to be noted that complainant is a valid number of o.p. no.1. Hence o.p. no.1 is duty bound to do the aforesaid job for the complainant since they have received the consideration money of Rs.10,940/- for the same, but unfortunately they have failed to provide services to the complainant for which complainant had to suffer irreparable loss and injury for plying the vehicle to facilitate fulfillment of the requirement of day to day life especially he is a senior citizen of 75 years of age. In view of the above, complainant has proved the case and is entitled to relief.
Hence, ordered,
That the case is allowed ex parte against o.p. no.1 with cost and against o.p. no.2 without cost. O.p. no.1 is directed to take necessary steps with o.p. no.2 for issuance of life time tax token and make necessary arrangement to change the address of the complainant in the smart card in respect of the vehicle being registration no.UHN 6301 and is further directed to pay to the complainant compensation of Rs.50,000/- (Rupees fifty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
