West Bengal

North 24 Parganas

CC/582/2016

Amitava Bhattacharyya - Complainant(s)

Versus

Maruti Suziki India Ltd and Dewar's Garage Ltd. - Opp.Party(s)

10 Jun 2022

ORDER

DCDRF North 24 Paraganas Barasat
Kolkata-700126.
 
Complaint Case No. CC/582/2016
( Date of Filing : 14 Sep 2016 )
 
1. Amitava Bhattacharyya
DA 207, Salt Lake, Kol-64, PS Bidhannagar
24 Pgs North
West Bengal
...........Complainant(s)
Versus
1. Maruti Suziki India Ltd and Dewar's Garage Ltd.
1, Nelson Mandela Rd, Vasant Kunj, New Delhi 110070. and Dewar's Garage ltd, 4A Council House Street kol-1
24 Pgs North
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Debasish Mukhopadhay PRESIDENT
 HON'BLE MS. Ms. Monisha Shaw MEMBER
 
PRESENT:
 
Dated : 10 Jun 2022
Final Order / Judgement

C.C. No. 582/2016

 

Order No. 23

Dated. 10.06.2022

 

The case is taken up for final order. It was heard on 03/06/2022 from the side of the O.P. No. 2. The Complainant and the O.P. No. 1 were absent at the time of hearing.

 

The Complainant in this case prayed for an order for making payment of the money that was receivable by him as the refund of excise duty from the Government of India and also for interest. The Complainant purchased an MUV Station Wagon car from the O.P. No. 2 who told him that he was entitled to get refund of excise duty but the manufacturer / O.P. No. 1 did not take any initiative for processing of the said refund. Hence, the Complainant filed this case for the refund.

 

At the time of argument, the O.P. No. 2 pointed out that he was not in any way concerned regarding the refund and anything that should be done was by O.P. No. 1 / manufacturer. Since, there is no complaint regarding any service of the car that was purchased the O.P. No. 1 was exempted from any liability and prayed for dismissal of the case against him.

 

It appears that the Complainant did not pursue his case against the O.P. No. 1 and remained absent at the time of argument and therefore we find that the Complainant has no present grievances against the O.P. No. 1 regarding the prayer for refund of the excise duty as per prayers of the complaint and therefore we find that the case has no merit and therefore it is liable to be dismissed.

 

Hence,

It is Ordered,

 

That the case C.C. 582/2016 be and the same is dismissed on contest against the O.P. No. 2 and ex-parte against the O.P. No. 1.

 

Let a copy of this order be given to the parties free of cost.

 

 

 

Member                                                                President                      

         

 
 
[HON'BLE MR. JUSTICE Debasish Mukhopadhay]
PRESIDENT
 
 
[HON'BLE MS. Ms. Monisha Shaw]
MEMBER
 

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