BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA

                                                Consumer Complaint No. 167 of 2019                                                               

                                                   Date of Institution         :    08.04.2019                                                               

                                                         Date of Decision   :  09.10.2019

Ashok Kumar aged about 60 years son of Murli Dhar, resident of 270- F Block, Sirsa, Tehsil and District Sirsa. 

                             ……Complainant.

                                                Versus

District Excise and Taxation Commissioner, Mini Secretariat, Sirsa.

...…Opposite party.

            Complaint under Section 12 of the Consumer Protection Act,1986.

Before:        SHRI R.L. AHUJA…………... PRESIDENT                                           

                   SHRI ISSAM SINGH SAGWAL…. MEMBER

                   MRS. SUKHDEEP KAUR…….MEMBER.

Present:       Sh. N.S. Yadav, Advocate for the complainant.

Sh. V.P. Arya, Advocate for opposite party.

ORDER

                        In brief, the case of complainant is that on 4.4.2017, the complainant had applied for obtaining licence under L-12A for serving liquor in green field resort (CERA Resort) on 5.4.2017 in marriage function of his son through an application. That as per the requisition of fee prescribed  by the Excise Department, an amount of Rs.10,000/- was deposited through GRN No.26202925 dated 4.4.2017 through Treasury Sirsa in head of account 0039-51-104-51-51 liquor. It is further averred that after receiving the said amount, the complainant was not given permission for serving liquor in marriage without any reason as the complainant had already applied on a prescribed proforma by depositing the fee for obtaining licence. The complainant was in great shock on 5.4.2017 when the concerned authority did not give permission for serving liquor. On 23.5.2017, complainant had moved an application to the District Excise and Taxation Commissioner, Sirsa for refund of the deposited amount for obtaining liquor licence but the concerned authority has given a reply which is annexed herewith. The complainant suffered a great monetary loss as well as suffered loss of reputation in the society. Hence, this complaint.

2.                On notice, opposite party appeared and filed reply submitting therein that op department has not given any approval to the complainant to issue the licence, nor any permission to deposit the challan of Rs.10,000/- in the treasury because the concerned marriage palace is situated on the National Highway and as per direction of the Hon’ble Supreme Court in Civil Writ Petition No.12168 of 2016, the premises which is beyond 500 meters of the National Highway or State Highway can be considered for grant of licence, whereas the concerned marriage palace was situated on the National Highway within 500 meters. It is further submitted that in para no.3 of the refund application of the complainant, he has already himself admitted that licence cannot be issued as per direction of the Hon’ble Supreme Court of India and as per the notification also, the licence cannot be issued as the marriage palace is situated within 500 meters of the National Highway or State Highway. It is further submitted that application dated 4.4.2017 on which he is showing to be applied, the same has not been marked or given permission by any Authority of Deputy Excise and Taxation Commissioner, Sirsa. That without prior approval of the authority or officer of the op, it cannot be said that the complainant has applied for licence. It is further submitted that the challan dated 4.4.2017 by which the money deposited is without obtaining any approval of the authority of the department and for that op department is not responsible. It is further submitted that there is no provision to refund that amount which has been deposited by complainant without obtaining any approval for licence and deposition of Rs.10,000/-. It is further submitted that as per Excise Policy for the year 2017-2018 and as per direction of the Hon’ble Supreme Court, the liquor vend which are not located on the National Highway or State Highway or it is situated beyond 500 meters of the National Highway or State Highway can be considered for issuing the licence and this fact has been admitted by complainant in his application dated 23.5.2017. With these averments, dismissal of complaint prayed for.  

3.                The parties then led their respective evidence.

4.                We have heard learned counsel for the parties and have perused the case file carefully.

5.                The complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A in which he has reiterated the averments made in the complaint. He has also furnished copy of application Ex.C1 and copy of challan Ex.C2, copy of marriage card Ex.C3, copy of application for refund of the amount Ex.C4 and letter dated 12.6.2017 Ex.C5. On the other hand, op has furnished affidavit of Major Jagjit Singh, Deputy Excise and Taxation Commissioner, Sirsa as Ex.RW1/A.

6.                Undisputedly, the complainant had applied for obtaining licence L-12A for serving liquor in green field resort on 5.4.2017 in marriage function of his son through an application dated 4.4.2017 and had deposited Rs.10,000/- through Treasury, Sirsa in head of account 0039-51-104-51-51-liquor, but however, permission was not granted by the op due to legal complications.

7.                The complainant had made request for refund of the amount of Rs.10,000/-, but however, same was declined on the ground that there is no provision for refund of the amount under the excise policy. No doubt, the op has taken the plea in their written statement that application moved by complainant has not been marked or not given permission by any authority of the District Excise and Taxation department, Sirsa and the complainant has deposited this amount of Rs.10,000/- without permission of the op and as such the complainant is not entitled to refund of the amount. Permission could not be granted as per law laid down by Hon’ble Supreme Court as the Palace was within the distance of 500 meters from the National/State Highway.

8.                During the course of arguments, the representative of the op has produce excise policy for the year 2019-2020 knowing well that matter relates to the period during the year 2017-2018 and the op has not placed on record excise policy for the period 2017-2018 due to the reason best known to the op.

9.                Even if it is presumed that complainant did not seek permission before making application and depositing amount under the Head of liquor, but even then there is no provision that op can retain this amount even if it has been deposited inadvertently or without permission. The permission was being sought by complainant in order to serve the liquor in a marriage function and permission was not to be used for selling liquor as sub vend. So, the op cannot withheld this amount legally and complainant appears to be entitled for refund of the amount of Rs.10,000/- so deposited by him.

10.              In view of our above discussion, we allow this complaint and direct the opposite party to make refund of Rs.10,000/- to the complainant within a period of 30 days from the date of receipt of copy of this order, failing which the op will be liable to pay interest @7% per annum on the said amount from the date of order till its realization. Keeping in view the facts and circumstances of the case, no order as to costs. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.        

Announced in open Forum. Member          Member                President,

Dated: 09.10.2019.                                                          District Consumer Disputes

                                                                               Redressal Forum, Sirsa.