Dated : 09 June 2022

Final Order / Judgement

MR. AYAN SINHA, MEMBER

            This is a complaint U/S 35 of the C.P Act, 2019 made by Milan Kumar Modak against the OP Dulichand Motors Private Limited alleging deficiency of service and accordingly prays for a direction upon the OP to refund Rs.40,626/- to the complainant along with a compensation of Rs.30,000/- for mental harassment and agony.

FACTS IN BREIF

            The complainant purchased from the OP who is the dealer, one vehicle being Model No; Tata Tigor, XZA + manufactured by Tata Motors Ltd., Chassis No: MAT 69527 LKN52038, Engine No- REVTRN08NZXK91122 with  registration No- WB 06 U 2003 and the registration was done on 23/12/2020 by the OP being represented by Sabyasachi Majumder. The aforesaid vehicle was sold for Rs.7,95,000/- which included the invoice value, registration insurance and the same was delivered on 04/12/2020. As stated in his complaint petition, the sale invoice of the vehicle was shown as Rs.7,49,000/-  whereas the Registration Form No. 23 issued by Government of West Bengal wherein the sale amount of the vehicle was shown as Rs.7,08,374/-. The complainant also alleged that the blue book/ hard copy of the registration certificate has not been provided to him from the issuing offices of the OP.

          Thus, the complainant filed this case.

   Notice was served upon the OP but they did not contest this case by filing written version. So, the matter was heard ex parte against the OP.

            Complainant filed evidence-in-chief where he reiterated the facts as mentioned in his complaint petition and during the course of final hearing he also filed certain original documents in support of his contentions.

POINTS FOR DETERMINATION

1. Whether there was any deficiency of service on the part of the OP?
2. Whether the complainant is entitled to the reliefs as prayed for?

DECISISONS WITH REASONS

All the points are taken up together for the convenience.

            Complainant is found to have filed one original commitment form bearing the signature of the complainant and the authorized person of the OP.  He also filed one tax invoice dated 04.12.2020, copy of certificate of registration issued by the Government of West Bengal. Bank’s statement and papers relating to the loan obtained by the complainant for financing the vehicle and also paper showing payment to the OP about route tax registration service charges etc. amounting to Rs.48,415/-. The grievance of the complainant is that the sale price of the vehicle shown in the tax invoice and certificate of registration get differed to the tune of Rs.40,626/- which according to the complainant was obtained from him as extra income. So, he prayed for refund of the said amount from the OP. It appears from the commitment form   that the complainant was to pay Rs.7,95,000/-to the OP after adjustment of the offered scheme  as applicable at the relevant time. However, the tax invoice shown the amount of the vehicle including SGST, CGST and GST cess is Rs.7,49,000 but sale value of  the vehicle in   certificate of registration Form No. 23 issued by Government of West Bengal, mentioned as Rs.7,08,374 and as such there is a difference of Rs.40,626 which according to complainant has been charged  extra  and that’s why the complainant is found to have approached the OP seeking refund of the said amount. Therefore,  in  order to  prove  his case, complainant filed the papers showing correspondences between him and the OP  through e-mail but no  satisfactory reply is found to have been given by the OP to the complainant. That apart, OP having received of the notice of the instant complaint, did not appear nor contested  the case . Challenging  the contentions of the complainant.

            So, on hearing the submissions of the complainant and also on perusal of the documents produced by him, we failed to understand as to how this extra amount of Rs.40,626 could be  charged upon the complainant that being so we are of the view that there was a deficiency in  service  on the part of OP and  the instant case is found to be maintainable and complainant is entitled to the relief.

  Complainant is also entitled to the said amount from the OP along with cost of Rs.10,000/- as compensation for harassment and mental agony.

            Accordingly, it is

ORDERED

            This instant case be and the same is allowed ex parte against the OPs.

            OPs are directed to pay Rs.40,626/- (forty thousand six hundred twenty six only) along  with Rs.10,000 (ten thousand only) as compensation to the complainant within 45 days from the date of this order, failing which the  entire awarded amount shall carry interest @ 9% p.a. until realization.

            If the instant order is not complied with by the OPs as directed, the complainant is at liberty to proceed in accordance with law.

Dictated and corrected by me.

                    Member