Consumer Complaint No.07 of 2016

Date of filing: 18.01.2016                                                                  Date of disposal: 15.7.2016

Complainant:               Soma Adhikary, W/o. Astik Kumar Adhikary, resident of AROTI APARTMENT, S.P. Mukherjee Road, Murgasol, Asansol (WB), PIN – 713 303.

-V E R S U S-

Opposite Party:    1.     BEEKAY AUTO PVT. LTD., represented by its Manager, having its office at NH2, Chanda More, Kalipahari, Asansol, District: Burdwan, PIN – 713 339.

2.      MARUTI SUZUKI INDIA LTD., represented by its Managing Director, having its office at Nelson Mandela Road, Vasant Kunj, New Delhi, PIN – 110 070.

Present:       Hon’ble Member: Smt. Silpi Majumder.

           Hon’ble Member:  Sri Pankaj Kumar Sinha.

Appeared for the Complainant:      Ld. Advocate, Suvro Chakraborty.

Appeared for the Opposite Party:  None.

J U D G E M E N T

This is a complaint u/S. 12 of the C.P. Act, 1986 against the Ops alleging taking of excess amount in purchasing a four-wheeler.

The complaint in brief is that the complainant desired to purchase a four-wheeler “Maruti Celerio VXI”. She downloaded the ex-showroom price of the said model and found it to be Rs. 4, 20,761=00. Accordingly she ordered for the said four-wheeler and the OP-1 booked it vide order No. SOBI3002391 dated 12.02.2014. The OP-1 delivered the new car on 14.02.2014 to the complainant with an invoice being No. VSL13002038 claiming the total value of the car as Rs. 4,80,496=00 along with the paper of policy of insurance and a road tax challan. She went through the said invoice and found that the OP-1 has taken excess amount in regard to the insurance premium, road tax and ex-showroom price. Such as, the OP-1 took the insurance premium at Rs. 13,617=00 whereas the paper for insurance premium shows the insurance premium as Rs. 10,862=00, the OP-1 took road tax as Rs. 29,050=00 but the challan for road tax shows it to be Rs. 25,040=00. The ex-showroom price of the car is Rs. 4, 20,761=00 according to net downloaded price but the invoice shows it to be Rs. 4, 35,328.63. Perusing these sort of excess amount claimed by the OP-1 as per the invoice No. VSL13002038, the complainant requested the OP-1 to refund those excess amounts, totaling to Rs. 21,332=00 to the complainant. But the OP-1 did not refund the demanded excess amount though several requests were made to the OP-1 by the complainant. In this context, the complainant has compelled to file this complaint before this ld. Forum.

Hence, the case arose.

Notices were duly served upon the OP-1 & OP-2. Both the Ops did not contest the case by their personal appearance though filed written version on their behalf. But both the written versions were not supported by affidavit as required by the provisions of C.P. Act.  Hence the Forum is not in a position to take cognizance of those written versions. As none appeared on behalf of the OP-1 & OP-2, the case is heard ex parte.

Decision with reasons:-

          The complainant alleged that the OP-1 has taken excess amounts as regards to the ex-showroom price, insurance premium and road tax. The complainant submitted the net downloaded ex-showroom price as Rs. 4, 20,761=00, but the invoice raised by the OP-1 as Rs. 4, 35,328.63. Plus, the paper submitted by the complainant in regard to insurance premium shows it to be Rs. 10,862=00 whereas the invoice price for insurance is Rs. 13,617=00 and again the road tax challan submitted by the complainant shows that road tax is Rs. 25,040=00, whereas the invoice shows it to be Rs. 29,050=00. That is, the total excess amount charged by the OP-1 as (4, 35,328.63 – 4, 20,761) + (13,617 – 10,862) + (29,050 – 25,040), totaling to Rs. 21,332=00.

          Perused all the documents, this Forum holds the opinion that the allegation of the complainant as regards to excess amounts of the three components, namely, ex-showroom price, insurance premium and road tax is true. Hence, the complainant is entitled to get back the excess amounts claimed in his prayer.

          As the complainant has been compelled to come before this Forum, he is entitled to get cost for harassment and mental agony and cost for litigation.

          Hence, it is

O r d e r e d

that the consumer complaint is allowed ex parte against the OP-1&2 with cost and the complainant does get an award by directing the Ops jointly and severally to refund back the excess amounts, totaling to Rs. 21,332=00 to the complainant within 45 days from the date of passing of this award, in default, the above-mentioned amount will carry penal interest @9% per annum for the default period and the complainant also does get an amount of Rs. 1,000=00 as compensation for harassment, mental pain and agony and Rs. 1,000=00 as litigation cost within 45 days from the date of passing of this award, failing which, the complainant is at liberty to put the entire award in execution as per provisions of law.

          Let plain copies of this order be supplied to the parties free of cost as per provisions of law.

Dictated and corrected by me.                                                               

                       (Pankaj Kumar Sinha)

                                  Member

                         DCDRF, Burdwan

                                                         (Silpi Majumder)                     (Pankaj Kumar Sinha)

                                                               Member                                         Member   

                                                       DCDRF, Burdwan                         DCDRF, Burdwan