Tripura

West Tripura

CC/45/2017

Director, Department of Health Service, Govt. of Tripura. - Complainant(s)

Versus

Managing Director, Rajarshi Motors Pvt. Ltd. - Opp.Party(s)

Mr.K.Deb, Mr.S.Deb.

12 Sep 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA : AGARTALA

CASE NO:  CC-  45   of   2017

    1. Director,
Department of Health Services,
Government of Tripura,
Gurkhabasti,
Agartala, West Tripura.

    2. The Branch Officer (Transport),
Department of Health Services,
Gurkhabasti,
Government of Tripura,
Agartala, West Tripura.    ...….…...Complainants.

       VERSUS
          

    1. Rajarshi Motors Pvt. Ltd.,
Represented by its Managing Director,
A.A. Road, Chandrapur,
 Agartala, West Tripura.

    2. Managing Director,
Rajarshi Motors Pvt. Ltd.,
A.A. Road,
Chandrapur,
Agartala, West Tripura.

    3. Sales Manager,
Rajarshi Motors Pvt. Ltd.,
A.A. Road, Chandrapur,
Agartala, West Tripura.

    4. Tata Motors Ltd.,
Registered office at Bombay House,
24 Homi Mody Street,
Mumbai- 400001,
Maharashtra.

    5. Mr. Nilmoy Nath,
Territory Sales Manager(Institutional Sales),
Area Office, 3rd Floor, Monal Tower,
G.S. Tower, Guwahati- 781006.
Assam.            ..........Opposite parties.
 

 

 

 __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER 
 DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C  O  U  N  S  E  L

For the Complainant        : Sri Kushal Deb,
                      Sri Subhankar Deb,             
                      Advocate.                      
                      
For the O.P. No.1, 2 & 3        : Sri Raju Datta,
                      Sri A.K. Bhowmik, 
                      Advocates.

For the O.Ps No. 4 & 5        : Sri Amritlal Saha,
                      Sri Kajal Nandi,
                       Sri Abheek Saha,
                      Advocates.

 

JUDGMENT  DELIVERED  ON:   12.09.2017.

 

 

J U D G M E N T    
        This case arises on the petition filed by the Director, Department of Health Services. 
        Petitioner's case in short is that petitioner was in need of Tata Star Bus Ultra. Accordingly he approached the Rajarshi Motors the authorized dealer of Tata Motors. It also approached for Tata Winger Non-AC and accordingly supply order placed. Advance payment for supply of those vehicles was made by the petitioner, Director of Health Services paid Rs.15,44,723/- for the Tata Star Bus. But the O.P. Rajarshi Motor failed to supply the same in time. Cause of action arose on 18.04.15 when supply order was made. Till date it is not supplied. So, petitioner prayed to get back the amount with 16% interest and also compensation amounting to Rs.3 lacs and Rs.50,000/- for litigation cost.

2.        Opposite party No.4 and 5, Territorial Sales Manager & Tata Motors filed W.S. denying the claim. It is stated that payment was never made to O.P. No.4 and 5. They are not aware about the supply order. Liability can not be fixed on them.

3.        W.S. also filed by O.P. No.1, 2 and 3 denying the claim. It is stated that O.P. duly deposited Rs.55 lacs to the Tata Motors, O.P. No.5 vide letter dt. 24.06.15 wrote to Tata Motors for delivery of the vehicle to the complainant. Being bonafide dealer duly requested the O.P. No.4 by Email dt. 17.03.16 to deliver the vehicle including the bus for which order was placed by the complainant of adjustment for amount of Rs.70,26,720/-. 

4.        On the basis of contention raised by the parties following points cropped for determination;
        (I) Whether  the O.P. Rajarshi Motors being authorized dealer failed to deliver the Tata Star Bus Ultra to the petitioner after receiving the supply order & price Rs.15,44,723/- on 18.04.15 and also after receiving the payment?
        (II) Whether there was deficiency of service by the O.Ps and petitioner is entitled to get compensation?

5.        Petitioner produced Quotation of Tata Star Bus, Supply order, Receipt of cheque, Supply order dt. 18.05.15 letter of attention, letter of O.P. No.4 and 5, Reminders, Letter by Rajarshi Motors, Letter for meeting, Letter of O.P. No.5. 
        
6.        Petitioner also produced the statement on affidavit of one witness, Gouranga Chakraborty, Branch Officer, Transport in the office of Health Services.

7.        O.P. on the other hand produced the Copy of letter, Email, letter, Exhibit- A series.
8.        O.P. also produced the statement on affidavit of D.W.1, Swapan Kumar Paul, Managing Director of O.P. No.1. 

O.P. No.4 and 5 also produced statement on affidavit of one witness, Subhra Dutta.

10.        On the basis of all these evidence we shall now determine the above points.
                
            Findings and decision;

11.        Swapan Kr. Paul, the dealer of the Tata Motors admitted that he got the offer from the complainant for supply  of one Number of Tata Star Bus Ultra and one Tata winger Non-AC Ambulance. In the cross examination he stated that he received Rs.15,44,723/- on 16.04.17 from the complainant through cheque. They are the dealer of Tata Motors. He paid Rs.55 lacs through cheque to Tata Motors. But as the Tata Motors did not deliver the bus so he could not arrange the supply.

12.        We have gone through the correspondence made by Rajarshi Motors to Nilmoy Nath of the Tata Motors. It was insisted that Rs.55 lacs was paid and against that payment they wanted to get Bus and Winger non-AC ambulance of health Department. Remaining payment will be sent shorty. Axis Bank Cheque also produced to support that 55 lacs paid to the Tata Motors.

13.        Swapan Kr. Paul in his statement on affidavit stated that he duly deposited Rs.55 lacs. Order was placed before Tata Motors. Subhra Datta, Authorized representative of Tata Motors stated that the advance payment Rs.15,44,723/- was not made before O.P. No.4 and 5. Various dealer was appointed on principle to principle basis. O.P. No.4 stated in one application that Rajarshi Motors was to pay Rs.98,63,000/- out of that Rs.55 lacs was paid. Tata Motors supplied 17 nos. of vehicle to the Rajarshi Motors. Statement showing the supply of vehicle against the receipt of cheque also given by Tata Motors. 

14.        From the documents as produced by both the parties it appears that no specific payment was made by Rajarshi Motors, O.P. No.1, 2 and 3 for the Ultra Bus for which supply order was given by petitioner. By the supply order dt. 18.04.15 Director of Health Services addressed the Sales Manager to supply one no. of Tata Star Bus @ Rs.15,44,723/-. The amount was paid to the Sales Manager of Rajarshi Motors. The cheque was received and receipt was given by Rajarshi Motors. In different time 18 nos. of Tata Winger was purchased. But that is not the subject matter of this case. Rajarshi Motors doing business as a dealer and placed orders before the Tata Motors for supplying many vehicles. But as payment was not made therefore the Tata Motors did not supply the vehicle. By another letter dt. 16.02.16 reminder was given to the Managing Director, Rajarshi Motors for supply of Tata Winger Ambulance and Star Bus but it was not supplied. This is deficiency of service by Rajarshi Motors. If there is any dispute between the Rajarshi Motors and Tata Motors on dealership or payment matter then that is to be settled by them. The same can be settled in the court of law but the consumer shall not suffer. Director of Health Services being consumer placed the order for supply of Tata Star Bus, paid the amount Rs.15,44,723/- on 18.04.15 but till today the bus not supplied. This is deficiency of service by Rajarshi Motors, its Managing Director, Sales Manager, O.P. No. 1, 2 and 3. Tata Motors Ltd. and Nilmoy Nath were not aware about it. So in our considered opinion, Tata Motors Ltd. and Nilmoy Nath, O.P. No.4 and 5 are not directly liable in this matter, Liability goes to O.P. No.1, 2 and 3. We therefore, direct Managing Director, Rajarshi Motors, Sales Manager, Rajarshi Motors, O.P. No.1, 2 and 3 to arrange the supply of Tata Star Bus and the Tata Winger Non-Ac Ambulance immediately. For the delay in delivery, we direct to pay Rs.1 lac to the petitioner. If the vehicles were not delivered then O.P. No.1, 2 and 3 are directed to pay the interest on the aforesaid amount @ 9% P.A. from the date of supply order i.e., on 18.04.15 till date along with principal Rs.15,44,723/-. O.P. No.4 and 5 shall arrange the supply if the payment is duly made by O.P. No.1, 2 and 3. Order is to be complied within 2 months, failing which it will carry interest @ 9% P.A. 

 

Announced.

 

 

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA    SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.