In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.163/2011

1)                   Lalit Kumar Jhalaria,

Flat 3-N, 70-D, Hindustan Park,

P.S. Gariahat, Kolkata-29.                                                                ---------- Complainant

---Versus---

1)                   Automobile Association of Eastern India,

13, Promotesh Barua Sarani,

P.S. Ballygunge, Kolkata-19.                                                                      ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member

                        Smt. Sharmi Basu, Member

Order No.   14    Dated  11/10/2012.

            The petition of complaint has been filed by the complainant Lalit Kumar Jhalaria against the o.p. Automobile Association of Eastern India. The case of the complainant in short is that o.p. is an regd. Automobile Association of the car owners. The main object of the o.p. is to provide different services, to its members relating to their private cars and one of the main serviced being provided by o.p. is renewal of car licenses of its members and payment of taxes to appropriate authorities. He is a live member of o.p. for more than 40 years having his membership no.J-0980, on payment of one time requisite fees to o.p. and used to avail of different value added services time to time offered by o.,p. to its members. A photo copy of membership card of complainant is annexed with the petition of complaint as annex-A. Complainant further submits that the present address of complainant is also duly informed to o.p. vide his letter dt.1.2.11, annex-B. Complainant regularly availed of those services offered by o.p. and particularly in renewing the car tax-token and driving license. For that purpose o.p. used to send reminder to its members to the members some weeks before the actual renewal date i.e. within May 2010 positively.

            The tax-token renewal of complainant was due on 24.6.10, but as o.p. failed to give any reminder to  complainant, he failed to renew his tax-token in time. After discovering he said fault complainant approached he office of o.p. on 27.12.10 for enquiry and o.p. asked complainant to pay sum of Rs.20,911/- towards taxes of the car including Rs.3480/- as ‘Late Payment Penalty’. Complainant immediately paid the said sum on that date by cheque to avoid any further complications and penalties towards late payment. O.p. issued computerized receipt being no.TXMR2883 dt.27.12.10. Further when complaian nt mentioned that he has not received any reminder from o.p. and is not liable to pay Rs.3480/- as penalty, the concerned dealing clerk advised to complainant to talk at the ‘Membership Desk’. When he contacted with the ‘Membership Desk’ he found that new computer was installed but as the membership record of complainant has not been uploaded the concerned person could not send him tax reminder.

            Thereafter, he collected his renewed tax-token on 24.1.11 from o.p. and found that his tax-token and driving license details had been uploaded when he checked with the ‘Membership Desk’. And immediately he made an oral demand for refund of Rs.3480/- collected by o.p. as delayed payment penalty for which complainant has no fault and again he demanded the same on 1.2.11 through letter to o.p.

            In reply to the said letter o.p. through its Public Relation Officer sent a regret letter dt.7.2.11 admitting their laches regarding non uploading of membership status of complainant in their computer and non sending of the reminder for payment of car tax-token and requested to reconsider the matter. Complainant sent reply to that letter vide his letter dt.26.2.11, but till date o.p. did not take any interest to redress of the grievances of complainant. Hence the case was filed by complainant with the prayer contained in the petition of complaint.

            O.p. did not enter its appearance in this case by filing w/v and denied all the material allegations labeled against it and matter has been heard ex parte as against the o.p.

Decision with reasons: -

            We have gone through the pleadings, evidence and documents in particular. We find that o.p. did not come forward to contest the case, as such, we hold the evidence adduced by complainant has remained unchallenged testimony. We do not have any reason to disbelieve the evidence brought before this Forum by complainant. We hold that being a service provider o.p. has sufficient deficiencies to its consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the case is allowed ex parte against the o.p. with cost. O.p. is directed to pay back the amount of Rs.3480/- (Rupees three thousand four hundred eighty) only along with interest @ 9% p.a. from the date of receipt till the date of realization and is further directed to pay compensation of Rs.3000/- (Rupees three thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only  within 45 days from the date of communication of this order, i.d. an interest @ 9% 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.