Haryana

Sonipat

157/2014

POOSA RAM - Complainant(s)

Versus

LEO EARTHMOVERS - Opp.Party(s)

ASHISH VATS

21 Aug 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

               

 

                                Complaint No.157 of 2014

                                Instituted on:04.06.2014

                                Date of order:21.08.2015

 

Poosa Ram son of Puna Ram, resident of village Rasoi, tehsil and distt. Sonepat.                                                                                                                    ...Complainant.

 

                        Versus

 

1.M/s Leo Earthmovers (P) Ltd., 12/2 Mathura road, Faridabad (Hry) through its General Manager/Director.

2.JCB India Ltd. HQ/Plant 23/7, Mathura road, Bahalgarh (Hry) through its General Manager.

3.M/s Leo Earthmovers (P) Ltd. GT Karnal road, village Dhaturi, distt. Sonepat through its Branch Manager.

                                                      ...Respondents.

 

COMPLAINT UNDER SECTION 12 OF       

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh.  Ashish Vats Adv. for complainant.

           Respondent no.1 ex-parte on 14.1.2015.

           Respondent no.2 ex-parte on 05.12.2014.

           Respondent no.3 ex-parte on 1.7.2015.

 

 

BEFORE     NAGENDER SINGH, PRESIDENT.

          PRABHA WATI, MEMBER.

          D.V. RATHI, MEMBER.

 

O R D E R

 

          Complainant has filed the present complaint against the respondents alleging therein that he has purchased JCB Machine from respondent no.1 being the authorized dealer of respondent no.2 vide invoice dated 8.4.2014 for Rs.22,53,000/-.  The respondent no.1 issued temporary no.HR-38/Temp/0804 to the complainant which is in the name of one Amit Kumar and registration of the said machine has not been arranged by the respondents till date.  The respondents also wrongly and illegally charged excess VAT to the tune of about Rs.1,50,000/- as the VAT ought to have been charged by the respondents at the rate of 5% as per the prevalent scheme issued by the  Govt. and thus, the respondents are liable to refund such excess amount to the complainant with interest.  Further the respondents have not issued forms no.21 and 22 to the complainant and that amounts to a grave deficiency in service on the part of the respondents. So, he has come to this Forum and has filed the present complaint.

2.        In the present case, the respondents no.1 and 2 were proceeded against ex-parte vide order dated 14.1.2015 and 5.12.2014 respectively.

          Similarly, the respondent no.3 was also proceeded against ex-parte vide order dated 1.7.2015.

3.        We have heard the ex-parte arguments advanced by the ld. Counsel for the complainant at length and we have also gone through the entire relevant material available on the case file carefully & minutely.

4.        Ld. Counsel for the complainant has argued that the complainant has purchased JCB Machine from respondent no.1 being the authorized dealer of respondent no.2 vide invoice dated 8.4.2014 for Rs.22,53,000/-. The respondent no.1 issued temporary no.HR-38/Temp/0804 to the complainant which is in the name of one Amit Kumar and registration of the said machine has not been arranged by the respondents till date.  The respondents also wrongly and illegally charged excess VAT to the tune of about Rs.1,50,000/- as the VAT ought to have been charged by the respondents at the rate of 5% as per the prevalent scheme issued by the  Govt. and thus, the respondents are liable to refund such excess amount to the complainant with interest.  Further the respondents have not issued forms no.21 and 22 to the complainant and that amounts to a grave deficiency in service on the part of the respondents.

          It is further submitted that before filing of the present complaint, passing fee was Rs.500/-, RC fee  was Rs.600/-, Token tax per year was Rs.400/-, token tax per quarter was Rs.1125/- per quarter.  But as per notification dated 5.6.2015 of the Haryana Govt., the rate of RC has been revised and now the RC is prepared by paying 6% tax of the value of the vehicle.

          In the present case, opportunities were given to the respondents to come present before this Forum and to contest the present complaint.  But none has appeared on behalf of the respondents to defend the complaint of the complaint and it appears that the respondents have nothing to say in the matter of the complainant and rather due to this, the pleadings of the complainant’s complaint has gone unrebutted and unchallenged. Accordingly, we have no other option except to accept the present complaint.   In the present complaint, the vehicle of the complainant could not be registered due to non-supply of form no.21 and 22 by the respondents to the complainant.  The registration charges were less prior to 5.6.2015 and later-on, the registration charges of vehicle have been increased by the State Govt.  Accordingly, the respondents are liable to bear the expenses incurred for registration of the vehicle. Thus, we hereby direct the complainant to pay Rs.67500/- to the respondents and the remaining amount incurred on the registration of the vehicle shall be borne by the respondents.  The respondents are directed that on receipt of the amount of Rs.67500/-, they shall get registered the vehicle of the complainant with the registering authorities by spending the remaining amount and further to supply the form 21 and 22 to the complainant.  The complainant is also directed to supply the other documents to the respondents, if needed for the registration of the RC of the vehicle. 

 

          With these observations, findings and directions, the present complaint stands allowed ex-parte.

 

          Certified copy of this order be provided to the ld. Counsel for the complainant free of costs and the same be also sent to the respondents for information and its strict compliance.

          File be consigned after due compliance.

 

 

 

(Prabha Wati)        (DV Rathi)                 (Nagender Singh-President)

Member DCDRF        Member DCDRF                   DCDRF, Sonepat.

 

Announced:21.08.2015