Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.p. to pay the life time Tax to the Motor Vehicle Department for the car in question or to replace the car by a new one or to refund 5,36,988/- along with the compensation   of ₹.1,00,000/-  totaling ₹.6,36,988/-. 

2.    Brief fact of the case is that complainant bought one i10 Sportz 1.2 BS IV F/L

CARBON GREY Car from O.P. on payment of ₹ 5,36,988 vide cheque No. 820588 dt. 28.03.2013. O.P. also issued money receipt dt. 29.03.2013 to the complainant vide annexure and delivered the said vehicle on 09.04.2013 to him. It is alleged by the complainant that although o.p. received ₹ 56,530 as lifetime Motor Vehicle Tax for the said Car to be paid by them to the Motor vehicles Department, O.P. provided the Motor vehicle  Tax receipt for the period of 22.04.2013 to 21.04.2018 i.e, only for 5 years vide annexure  M.V. Tax receipt. Thereafter, Complainant asked O.P. the reason behind it. But O.P. did not give any satisfactory reply. Now, it is alleged by the complainant  that by this non-payment of lifetime  M.V. Tax by the O.P., complainant has suffered a loss of ₹ 100,000 along with the total invoice price of ₹ 5,36,988. Hence, the case. Notice was served upon O.P., O.P. appeared and filed W/V.

3.               Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.Ps.  ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

4.                  We have carefully gone through the petition of complainant and its annexure

filed by complainant and W/V filed by the O.P. and noted their contents. O.P. in its W/V vide para 8 has categorically stated that on request of the complainant for making one time tax through an application, O.P. has paid the road tax for 5 years. It is also denied by the O.P. that the amount of of the petition of complainant. From the set of Annexures showing the receipt of total amount of ₹ 5,36,988 by O.P., it is not at all evident that any amount, whatsoever, was received by O.P for payment of tax. Under the column ‘Logistic and Incidental Charges’, O.P. received ₹ 56,530 wherefrom it can not be proved that complainant had paid to O.P. such amount for payment of lifetime tax for the Car in question. Moreover, it is proved that O.P. paid ₹ 25,338 to M.V. Department for 5 years tax of the said car out of such amount of ₹ 56,530 received by them from the complainant.

So, we do not  find any deficiency on the part of O.P. Accordingly, the complainant miserably  fails to prove  his case.

            Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 25 of 2014 ( HDF 25 of 2014 )  be 

      Supply the copies of the order to the parties, as per rule.            

DICTATED  &    CORRECTED

BY   ME.  

      (  Jhumki Saha  )                                                                   

  Member, C.D.R.F., Howrah.