CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 29th day of November, 2016
PRESENT : SMT. SHINY.P.R, PRESIDENT
: SMT.SUMA K.P, MEMBER Date of filing: 01/08/2016
: SRI.V.P.ANANTHA NARAYANAN, MEMBER
CC/116/2016
Aswathi.V.R,
W/o.Vinod,
Neduparambu House, : Complainant
Kodunthirapully,
Palakkad, Kerala,
678 004. Vs
Motor Vehicle Inspector,
Additional Registering Authority, : Opposite Party
Motor Vehicles Department,
RTO, Civil Station,
Palakkad, Kerala.
O R D E R
By Sri.V.P.Anantha Narayanan, Member
Brief facts of the Case.
The complainant purchased a TVS Scooty bearing registration No.KL-9N-7971 from Dr.Sarath P.Nair, 12/489 Near Lions School ,Koppam, Palakkad and applied for transfer of RC of the same vehicle to RT Office, Palakkad. From the RT office, she was informed that only after paying tax from 01.04.2009 to 31.3.2019 the name could be changed . But the complainant showed to the opposite party that in the RC book, it was mentioned that life tax for the period from 16.4.2004 to 31.03.2019 was paid and this matter was informed to the concerned authorities and the complainant requested for change of name as tax from 01.04.2009 to 31.03.2019 need not be paid. But the opposite party insisted on payment of tax from 01.04.2009 to 31.3.2019 and then only RC book would be transferred to the name of the purchaser of the vehicle. Accordingly, the complainant paid the tax and handed over the RC book to RT Office for change of name in the RC book. According to the complainant, the tax need not be paid by her and was compulsorily recovered from her. Since she had no alternative she was compelled to remit Rs.2540/-. The receipt for payment of tax is enclosed.
Hence the complainant appeals to the Hon’ble Forum to pass an order directing the opposite party to refund the tax amount of Rs.2540/-unfairly recovered from her and to pay a compensation of Rs.5000/-and court expenses of Rs.3000/-.
The complaint was admitted and notice was issued to opposite party.
Opposite party was represented before the Hon’ble Forum. But they did not filed their version and chief affidavit. Hence they were set exparte.
Complainant filed chief affidavit and documents marked as Exts.A1, A2 series and A3. Opposite party did not file any documents.
In this case the following issues arise:
- Whether there is any deficiency of service and unfair trade practice from the side of opposite party?
- If so what if the relief?
Issues 1&2
In this case, the complainant purchased a TVS Scooty from Dr.Sarath.P.Nair, bearing a Reg.No.Kl-9N-7971 and she applied for transfer of the said vehicle in her name. The original RC book extracts marked as Ext.A1 shows that Dr.Sarath.P.Nair was the original registered owner of the above mentioned vehicle. All the particulars of the said vehicle and payment of one time tax of Rs.2000/- for the period from 16.4.2004 to 31.03.2019 are also mentioned in Ext.A1.
Ext.A2 series show tax receipt for the period from 01.04.2009 to 31.03.2019, but name of owner of the vehicle No.KL- 9- N- 7971 is mentioned as Sarath.P.Nair. As per Ext.A3, new certificate of registration is seen issued to the complainant in which Aswathy.V.R has been mentioned as the registered owner of the above vehicle. It is also clear from Ext.A3 that on 15.07.2016, Rs.2538/-tax and one time cess of Rs.80/-were seen collected from the complainant from 01.04.2009 to 31.03.2019. This Ext.also shows the description of the said vehicle and registration validity from 16.04.2004 to 15.04.2019.
From the above, we observe that the opposite party has collected two times motor vehicle tax on the same vehicle with Reg.No.KL-9-N-7971; first time from the original owner of the vehicle Dr.Sarath.P.Nair (Rs.2000/- was collected from him as one time tax for the period from 16.04.2004 to 31.03.2019). Secondly, from the complainant Rs.2538/- by way of motor vehicle tax is seen collected on 15.07.2016 from 01.04.2009 to 31.03.2019. On the same date one time cess of Rs.80/-was also seen collected from the complainant.
Hence, we view that the above act of the opposite party amounts to unfair trade practice and deficiency of service.
Therefore the complaint is allowed.
Opposite party is directed to refund Rs.2538/-(Rupees Two thousand five hundred and thirty eight only) to the complainant which was collected excessively from her on the same vehicle with Reg.No.KL-9-N -7971. Further opposite party is also directed to pay Rs.5000/-(Rupees five thousand only)to the complainant for mental agony undergone by her, due to her having had to pay motor vehicle tax on the same vehicle once again. Also opposite party is directed to pay Rs.500/-(Rupees five hundred only) by way of litigation expenses incurred by the complainant.
The Order shall be complied with within one month from the date of receipt of this order; otherwise interest at 9% per annum should also be paid on the total amount due from the date of this order till the date of realization.
Pronounced in the open court on this the 29th day of November 2016.
Sd/- Shiny. P.R
President
Sd/-
Suma. K.P Member
Sd/- V.P.Anantha Narayan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1– The original RC book
Ext.A2 series – show tax receipt for the period from 01.04.2009 to 31.03.2019
Ext.A3- new certificate of registration
Exhibits marked on the side of opposite party
Nil
Witness examined on the side of complainant
Witness examined on the side of opposite party
Cost allowed
Rs.500/-as cost
