BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.368/2017

DATED ON THIS THE 8^th August, 2019

      Present:   1) Sri. C.V.Maragoor

B.Com., L.L.M., - PRESIDENT   

                     2) Sri. Devakumar.M.C.           

                                        B.E., LLB., PGDCLP   - MEMBER

Sri C.V.MARAGOOR,

President

1.       This complaint is filed by K.R.Charan S/o K.L.Radhakrishna resident of Mysuru to direct the opposite party No.1 India Yamaha Motor private Ltd., Surjapur, Uttar Pradesh and opposite party No.2 Aahana Automobiles, Mysuru to refund a sum of Rs.2,212/- with interest at the rate of 12% p.a., Rs.20,000/- towards mental agony and sufferings and Rs.750/- notice charges.
2.       It is the case of complainant that he has purchased Yamaha Cygnus Alpha, Red Black Colour Scooter for Rs.67,722/- on 21.09.2017 from the opposite party No.2 Aahana Automobiles, Mysuru.  The opposite party No.1 is manufacturer of said scooter.  The complainant has paid part of the amount in advance and remaining amount of Rs.42,786/- by availing financial assistance from Shriram City Union Finance Ltd., Mysuru by hypothecating the said scooter on 21.09.2017.  The opposite party No.2 has issued receipts to the tune of Rs.65,510/-, but not issued so far as the balance amount of Rs.2,212/-.  The complainant has requested by sending E-mail and legal notice dated 21.10.2017 for collecting excess amount of Rs.2,212/-, no response from them.  Hence, this complaint.
3.       The opposite party No.1 filed written version admitting that the complainant has purchased Yamaha scooter from its dealer opposite party No.2 vide invoice dated 12.09.2017.  It was specifically informed to the complainant that an amount of Rs.2,300/- being charges towards registration of the scooter with the concerned RTO for which the opposite party No.2 has engaged services of liaison men for smooth and hassle free transaction in the office of RTO.  The complainant was further informed that a sum of Rs.2,300/- is inclusive of all paper and miscellaneous expenses incurred towards registration of the scooter.  The opposite party No.1 has not provided any services to the complainant and the agreement shows that this opposite party and its dealer opposite party No.2 would be on principal to principal basis.  The opposite party No.1 cannot be burdened with or held liable for any representation or action or act or omissions if any on the part of opposite party No.2 or any other third party.  The complainant even after agreeing to the expenses incurred by the opposite party No.2 for registration of the vehicle has filed this false complaint in order to get wrongful gain.
4.       The opposite party No.2 filed separate written version even then this opposite party has supported the version of opposite party No.1.  It is further case of opposite party No.2 that the vehicle has to be transported in goods vehicle for the purpose of registration of the vehicle with the concerned RTO, as such this opposite party engaged the services of liaison men for smooth and hassle free transaction in the office of RTO and apart from this there will be miscellaneous expenses.  The complainant cannot expect that this opposite party to give any receipts for this sundry expenses and handling charges.
5.       The complainant filed his affidavit in lieu of evidence and produced documents in support of his case.  The opposite parties have not filed their affidavits.  We have heard the arguments advanced by the learned counsel for the complainant in addition to written arguments and the  points that would arise for determination are as under:-  

1. Whether the complainant proves that the opposite parties have played unfair trade practice by collecting excess amount from him?
2. Is complainant entitled to the reliefs sought for?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- In the affirmative;

Point No.2 :- In the partly affirmative for the below;

:: R E A S O N S ::

7.         Point Nos.1 and 2:- The learned counsel for the complainant argued that the opposite parties have not given receipt or account for collecting excess amount of Rs.2,212/- from the complainant while purchasing scooter.  The explanation offered by the opposite party Nos.1 and 2 that Rs.2,300/- being charges towards registration of the scooter with the concerned RTO for which the opposite party No.2 has engaged services of liaison men for smooth and hassle free transaction in the office of RTO is not acceptable.  The opposite party No.2 has issued receipt that RTO has collected Rs.937/- for smart card and Rs.7,298/- towards road tax.  Even after deducting the said amount, the opposite parties have collected Rs.2,212/- excess amount from the complainant.  If the opposite parties have collected excess amount they would have issued receipt that it is collected towards transportation of the vehicle from dealer showroom to RTO office and other expenses.  The opposite parties have not cared to issue any receipt for said sum to the complainant as such, collecting above expenses from the complainant at the initial stage amounts to unfair trade practice. 
8.            The opposite party No.2 has issued receipts for Rs.65,510/- which is for cost of the vehicle, insurance charges, road tax, extended warranty period, registration of the vehicle and issue of smart card.  Therefore, the opposite parties shall liable to refund the amount of Rs.2,212/- with interest at the rate of 10% p.a. from the date of collection till payment.  The opposite party No.2 dealer has collected the excess amount, as such he is alone liable to refund the said amount.  The opposite parties have failed to give reply to the notice in spite of repeated approach by complainant as such he has to face inconvenience and suffer mental agony. The opposite party No.2 shall liable to pay Rs.5,000/- as compensation to the complainant + litigation expenses of Rs.5,000/-.  Accordingly,  we proceed to pass the following

:: ORDER ::

1. The complaint filed by K.R.Charan is partly allowed directing the opposite party No.2 to pay a sum of Rs.2,212/- to the complainant with interest at the rate of 10% p.a. from 21.09.2017 till payment.
2. It is further ordered that the opposite party No.2 shall pay compensation of Rs.5,000/- + litigation expenses of Rs.5,000/- to the complainant within 45 days from the date of order. Otherwise, it carries interest at the rate of 10% p.a. from the date of filing the complaint till realization.  
3. The claim against opposite party No.1 is dismissed.
4. Furnish the copy of order to the complainant and opposite parties at free of cost.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 8^th August, 2019)