Kerala

Malappuram

CC/293/2019

MURALIDHARAN K - Complainant(s)

Versus

JOINT RTO - Opp.Party(s)

07 Dec 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL
MALAPPURAM
 
Complaint Case No. CC/293/2019
( Date of Filing : 25 Sep 2019 )
 
1. MURALIDHARAN K
THIYADATH TAVANOOR PO MALAPPURAM 679573
...........Complainant(s)
Versus
1. JOINT RTO
RTO OFFICE PONNANI
2. TRANSPORT COMMISIONER
COMMISIONERATE VAZHUTHAKAD THAIKAD PO THIRUVANANTHAPURAM 795014
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. PREETHI SIVARAMAN C PRESIDING MEMBER
 HON'BLE MR. MOHANDASAN K MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 07 Dec 2019
Final Order / Judgement

By: Sri. Mohandasan.K, Member

Facts of the case in brief:-

Complainant is the registered owner of Taxi vehicle No. KL 54/8984. He paid his vehicle tax for the period 01-07-2019 to 30-09-2019 on 15-07-2019. Since 13-07-2019 and 14-07-2019 were being holidays, he could make the payment only on 15-07-2019. Opposite party collected Rs.4,092/- as tax from the complainant against Rs.3,720/-. Complainant directly approached the first opposite party and complained orally against the excess collection of tax. Opposite party did not properly responded to the grievance of the complainant and even did not give proper reply. Hence the complainant seeking compensation of Rs.10,000/- for the deficiency of service on the part of opposite party and refund of excess tax amount with cost of the proceedings.

 

On receipt of the complaint notice issued to the opposite parties but not turned to appear. Hence opposite parties set exparte.

 

Complainant filed affidavit and three documents. Documents marked as Ext. A1 to A3.

Now the point to be considered by this Forum is that whether the opposite party has collected excess tax amount from complainant and if so what is the remedy?.

 

The affidavit of the complainant and Ext. A1 to A3 are before the Forum. Ext. A1 is a questionnaire filed by the complainant before the first opposite party under Right to Information Act. Ext. A2 are the answers to the Ext. A1 questionnaire. Ext. A3 is the tax payment receipt . These three documents proves the case of the complainant. Hence this Forum hold that the opposite parties has collected excess amount of tax from the complainant and that the opposite parties has committed deficiency of service by not initiating steps to refund the excess tax amount collected from the complainant while he approached the opposite party directly. So the Forum allows the complaint as follows.

 

Opposite parties are directed to refund Rs.3,72/- (Three hundred and seventy two rupees only) being the excess amount collected from the complainant with Rs.1000/- (Thousand rupees only) as compensation for mental agony and inconvenience caused to the complainant and cost for Rs.1000/- (Thousand rupees only) to the complainant within one month from the date of receipt of this order, failing which the complainant is entitled for 12% interest on the amount from the date of the complaint.

 

Dated this 7th day of December, 2019.

 

 

PREETHI SIVARAMAN . C, MEMBER

 

(In-Charge of President)

 

MOHANDASAN.K, MEMBER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX

 

Witness examined on the side of the complainant : Nil

Documents marked on the side of the complainant : Ext. A1 to A3

Ext.A1 : Questionnaire filed by the complainant before the first opposite party under Right to Information Act

Ext.A2 : Answers to the Ext. A1 questionnaire.

Ext A3 : Tax payment receipt dated 15/07/2019.

Witness examined on the side of the opposite party : Nil

Documents marked on the side of the opposite party : Nil

 

PREETHI SIVARAMAN . C, MEMBER

(In-Charge of President)

 

 

MOHANDASAN.K, MEMBER

 
 
[HON'BLE MRS. PREETHI SIVARAMAN C]
PRESIDING MEMBER
 
 
[HON'BLE MR. MOHANDASAN K]
MEMBER
 

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