Order-15.
Date-21/03/2016.
Complainant Deb Kumar Das by filing this complaint has submitted that complainant intended to purchase a White Winger 32 Luxury AC 9+D BS3 Car for private use of Tata Motors Ltd. dated 29.06.2015being No. 1413460, Chassis No. MAT460051FUA00120 and Engine No. 483DLTC55AUYJ00228 from the company Lexus Motors Ltd. op no.1.
In connection with that he paid a sum of Rs. 1,74,811/- as down payment by cheque being No. 854784 of State Bank of India, Shyampur Branch in favour of Lexus Motors Ltd. as booking money for purchasing the said new car on the above mentioned date out of which the total cost of the car of Rs. 9,40,292/- was paid by Money Receipt being no. LML11-15165-001611 as well as sale invoice and the rest amount has been financed by a private finance company i.e. Cholamandalam Investment and Finance Co. Ltd.
Complainant has been paying EMI of the Financer at the rate of Rs.18,054/- per monthand that is being deducted from the account of complainant’s bank account. As per the document is concerned the op no.1 has been delivered the said car to the complainant on 23.07.2015 which was almost after 24 days from the date of booking whereas the delivery period was told by the op no.1 within 7 days from the date of booking.
At the time of selection number for said newly purchased car for private use the op no.1 handed over a document in the month of August 05, 2015 and apart from that no other documents have been handed over to complainant till now. Complainant after several requests and several visits, op no.1 willfully and deliberately failed to hand over all necessary documents relating to the said new car for which complainant is unable to run the said car on the road for which the car become a Show Piece although complainant paid the loan liability without getting any utility from the said purchased new car.
Complainant is unable to run the said car on the road but EMI is being paid monthly EMI since 01.07.2015. So, complainant is suffering from huge financial loss etc. and complainant has reported the matter to the op no.2.
Further complainant sent a Demand Letter dated 14.09.2015 addressed to the op and also forwarded copy to op no.2 for claiming either handed over all necessary papers of new car to run the said car on the road or return back the said car by refunding the money with adequate compensation for such mental and financial agony within 7 days from the date of receipt of the said demand notice, but they have failed to do that. Until and unless the private utilization of the said car is not made by the complainant, the said car shall be useless and in fact for the negligent and deficient manner of service on the part of the op and complainant has been suffering much and for which complainant prayed for redressal against op no.1 for handing over all other documents or to take back the said car by refunding the entire amount.
On the other hand op no.1 the Lexus Motor Ltd. by filing written statement submitted that the complaint is not maintainable in view of the fact that complainant purchased the same knowing fully well that the status of the said vehicle. It is specifically submitted by the subject car was a nine seated plus driver equipped with modern technology as manufactured by the TATA Motors Ltd. and complainant being satisfied about his required he purchased the same along with warranty booklet issued to him as purchased to the subject car.
Op company received Rs.2,245/- as expenses for temporary registration and op no.1 received Rs. 9,02,536/- in total price of the car out of which Rs. 1,74,811/- was received from the complainant and balance Rs.7,27,726/- was received from his financer op no.2 and the subject vehicle was involved in loan cum hypothecation agreement with the financer.
So, it is specifically mentioned that it is the liability of the complainant to pay the EMI because for which op no.1 no way related.
It is specifically mentioned that at the time of delivery of the said vehicle already supplied to the complainant, but temporary registration certificate was also issued. But the permanent registration certificate was required to take out by the complainant himself with the concerned Motor Vehicles Department as per applicable rules and procedure and on depositing the requisite registration fees for such registration. So, the allegation against op no.1 is completely false and fabricated. So, op no.1 has no obligation to supply any other documents in this regard. So, there was no deficiency on the part of the op no.1 for which the present complaint is not maintainable and liable to be dismissed.
On the other hand op no.2 by filing written statement submitted that no doubt complainant took loan for purchasing a car and op no.1 paid the loan amount as price amount of the car already.
Subsequently complainant stopped making payment after month of August-2015. But there is no liability on the part of the op no.2 in this regard, but intentionally levelling the some baseless allegation, this complaint is filed. So, the complaint should be dismissed.
Decision with reasons
On careful consideration of the entire materials fact as alleged in the complaint and also considering the defenceof the op no.1 Lexus Motor and further considering the temporary registration certificate, it is found that temporary registration certificate was applied for by the op no.1 which is admitted fact for which op no.1 received such money from complainant and he prepared the said temporary registration certificate.
Fact remains that class of vehicle is Omni Bus (private use), seating capacity ten including driver, cubic capacity 1948, type of body Saloon and Office of District Magistrate, South 24 Parganas issued a temporary registration certificate that is admitted. But in the said certificate it is noted that .private use. and in the said temporary registration certificate on the basis of that certificate, complainant wanted to take permanent registration from registering authority of Motor Vehicle Department Office of the Sub-Divisional Officer, Howrah, Uliberia who refused to give the temporary registration certificate on the ground that such a vehicle cannot be registered as .private use..But it must be always used for commercial purpose.
But question is that how the Motor Vehicles Authority of South 24 Parganas classified the vehicle as .private use. and fact remains that at the time of processing that temporary license being No. WB 20TM2213 dated 23.07.2015 Motor Vehicle Authority classified the vehicle as private use. But reason for noting the same is not explained by the said Office who is made a party as op no.3.
Fact remains that Lexus Motor sold the Mini Bus and complainant purchased it and in the sales certificate, no where it is noted that it is for private use. At the same time for taking temporary registration certificate, sales certificate was placed which was verified and also insurance policy in support of insurance of the said vehicle and from the insurance policy document, it is clear that it was registered as a commercial vehicle. But even then the RTO Alipure South 24 Parganas issued temporary registration certificate classifying the status of the bus as private use.But as per Motor Vehicles Act no vehicle exceeding six seats shall be registered as private bus, but it shall be registered as commercial vehicle.
But peculiar fact is that op no.1 the seller of the bus is well aware of the fact that such a vehicle cannot be registered as private vehicle. But it shall be registered as commercial as per Motor Vehicle Act and Rules. But even then op no.1 registered it as a private bus. Invariably giving some bribe to the Alipure Motor Vehicle Authority and reason for coming to such a conclusion is no doubt for denial of the permanent registration of the said bus by the Uluberia RTO and Uluberia RTO refused to register the said vehicle as private bus on the ground it is commercial one as per Motor Vehicle Act and Rules when it is a ten seater vehicle that means capacity 9+1 driver.
When that is the position, then this Forum wants to know from op nos. 3 & 4 why RTO South 24 Parganas at Alipure registered the same as private bus knowing fully well that it shall be treated as commercial bus. When Insurance policy was issued mentioning commercial and why op no.4 the registering authority Uluberia refused to give any permanent registration on the basis of the said temporary registration certificate of RTO, Alipure South 24 Parganas. If those factors are minutely considered in that case it is found that op no.1 managed to procure such a temporary license by grabbing some part of the money of the complainant by op no.1 because op no.1 has admitted that for the purpose of temporary registration certificate op no.1 received Rs.2,245/- from the complainant.
But receipt shows that op paid Rs.1,125/- which is evident from the receipt issued by the Motor Vehicle Department, Alipure dated 21.08.2015 and actually op received Rs.2,245/- for registration of the commercial vehicle because Insurance policy was for commercial.But only to grab some money out of Rs. 2,245/-, he paid only an amount of Rs. 1,125/-, that means op grabbed Rs.1,120/- but complainant paid Rs.2,245/- for commercial registration. But op grabbed Rs. 1,120/- and collected temporary registration certificate on payment of Rs.1,120/- that means op no.1 with connivance with the op no.3 managed to procure such temporary license classifying the bus as a private bus. But such a vehicle cannot be registered as a .private use. under the Motor Vehicle Rules and Act and when it is a ten seater including driver and for which op no.4 the Registering Authority of Uluberia refused to register it. Then it is clear that op no.1 & 3 the registering authority of Alipure, South 24 Parganasare dishonest establishment who supplied such a temporary registration in respect of a commercial vehicle knowing fully well that such a vehicle cannot be registered as private bus.
Then it is the duty of the op nos. 1 & 3 to rectify the status of the bus as commercial in place of private use and to issue a temporary license treating the status of the bus as commercial rectifying the license and to report to op no.4 the Uluberia Motor Vehicle Authority to register the same for permanent registration treating it as commercial.
Truth is that there was an immoral transaction in between the op nos. 1 & 3 and op no.3 issued temporary license only but there was no mention of private use in the sale register or the insurance policy. Then wherefrom registering authority RTO, Alipure South 24 Parganas hired the word private use when the status of the bus is for commercial in view of the said vehicle and as per Motor Vehicle Act 10 seater bus cannot be registered as private use, but it must be registered for commercial that means RTO, Alipure, South 24 Parganas by taking some energy fees from the op no.1 hired such word private bus. So, the temporary license which is issued by the op no.3 is no doubt erroneous in nature.
When that is the fact, then invariably it is the fault or intentional activities on the part of the op no.3. So for issuing such defective temporary license by the RTO, Alipure, South 24 Parganas, complainant has been suffering and invariably for that purpose the whole game was played by op no.1 illegally by grabbing small amount than that of the actual amount what had been paid by the complainant for temporary registration certificate for the purpose of commercial vehicle and no doubt op no.1 in that way grabbed Rs. 1,120/-though he received Rs. 2,245/-.
In view of the above fact and circumstances we are convinced to hold that the temporary license as given by the op no.3 RTO Alipure, South 24 Parganas is completely a defective temporary license. So, op no.3 shall have to remove the defect and to correct the said temporary license by putting the word commercial by deleting the word private use which has been hired by the op nos. 1 & 3 and thereafter op no.3 shall have to send the letter to the RTO, Uluberia for registration of the said vehicle as a commercial and op no.4 RTO shall have to register the vehicle as commercial after taking such requisite fees but without taking any unaccounted fees which is generally collected by the RTOs.
So, it is proved that complainant has been harassed by the op nos. 1 & 3. So, invariably op nos. 1 & 3 shall have to compensate for that loss which has been suffered by the complainant.
Accordingly this complaint succeeds in part.
Hence, it is
ORDERED
That the complaint be and the same is allowed on contest against op no.1 with cost of Rs.5,000/- and same is dismissed against op no.2 without any cost. At the same time this complaint is allowed exparte against op nos. 3 & 4 without any cost.
Op no.3 RTO Alipure, South 24 Parganas is hereby directed to rectify the temporary certificate of registration being No. WB20TM2213 dated 23.07.2015 by deleting the word private use and by inserting the word commercial and to send such a forwarding letter along with such rectification of temporary certificate of registration in respect of the vehicle to the RTO, Uluberia. For registering the said vehicle for permanent registration after taking requisite fees but without taking any further unnecessary fees which are generally taken by the RTO showing different reasons without any receipt.
Op no.4 is hereby directed to register the said vehicle as commercial vehicle for its permanent registration after receipt of the corrected temporary registration certificate from RTO, Alipure, South 24 Parganas in respect of the vehicle without harassing the complainant for any further period.
Op no.1 is hereby directed to take such all steps for rectification of the same with the op no.3 RTO, Alipure and rectify the said temporary registration which is wrongly registered as private use at the instance of the op no.1.
Op nos. 1, 3 & 4 are hereby directed to complete the entire registration matter in relation to the present vehicle within 45 days from the date of this order, failing which each and every op that is op nos. 1, 3 & 4 shall have to pay penal damages at the rate of Rs.500/- per day till full satisfaction of the decree and even if it is found that they are reluctant to comply the same purposefully and with ill motive in that case they shall be prosecuted and further penalty and damage shall be imposed upon them. If penal damages are collected, it shall be deposited to this Forum.
