BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

C.C.No: 221/2017     Filed on 07.06.2017

ORDER DATED: 30.05.2018

Complainant:

(by Adv. Bimal V.S.)

Opposite parties:

This C.C having been heard on 23.04.2018, the Forum on 30.05.2018 delivered the following:

ORDER

SMT. R. SATHI,  MEMBER:

The case of the complainant is that he who is a driver in profession, approached the 2^nd opposite party for purchasing a new Honda Amaze 1.5 SMT (1-DTEC) Sedan diesel model car from 2^nd opposite party.  The 2^nd opposite party assured that if the vehicle is registered as a taxi and the certificate is to be produced within 3 months, excise duty of 6% would be refunded after registration of the vehicle.  Believing the words and assurance of 2^nd opposite party the complainant booked for a new Honda Amaze 1.5 SMT Sedan diesel model car vide booking no.239 on 15.12.2016 by remitting an amount of Rs.15,000/- in cash.  As per the booking order the on road price of the vehicle is Rs.8,26,518/-.  The Sundaram Finance Pvt. Ltd sanctioned the loan amount as per the invoice of the opposite party for the purchase of the said vehicle on 05.01.2017.  Thus altogether the complainant remitted an amount of Rs.7,78,400/- towards the price of the aforesaid vehicle to the 2^nd opposite party after deducting year back discount.  The vehicle was delivered on 09.01.2017 and got registered through the 2^nd opposite party at the Regional Transport Office, Trivandrum as KL 01 CA 1541 in the name of the complainant with a hypothecation endorsement to Sundaram Finance Pvt. Ltd., Kochi.  The vehicle was registered for use solely as taxi in the name of the complainant and the certificate was issued by the Secretary, Road Transport Authority, Trivandrum on 23.01.2017.  The complainant submitted the duly attested copies of the registration particulars obtained from the Regional Transport Office to them for getting the refund of excise duty during the 1^st week of February 2017 itself.  The said vehicle was insured with M/s. Oriental Insurance Company Ltd., vide policy no.441591/31/2017/2173 valid from 05.01.2017 to 04.01.2018.  The complainant is entitled to get the refund of the excise duty @ 6% of the basic price on vehicles registered as taxi.  Therefore, the complainant approached the 2^nd opposite party for the refund of excise duty @ 6% from the price of the aforesaid vehicle collected by them.  The complainant also entrusted copy of all the relevant documents of the aforesaid vehicle with the 2^nd opposite party within the time limit.  The complainant approached the 2^nd opposite party for the refund for many times and lastly on 03.05.2017.  But the 2^nd opposite party failed to refund the excise duty to the complainant which he is legally entitled to.  The taxable amount as per the vehicle sales invoice issued by the 2^nd opposite party Rs.6,79,825/- and 6% of the said amount is Rs.40,790/-.  It is the duty of the 2^nd opposite party to get the amount of Rs.40,790/- refunded.  The 2^nd opposite party is the authorised dealer of 1^st opposite party committed deficiency in service to the complainant and thereby complainant sustained a loss of Rs.40,790/- as the refund of the excise duty.  So the complainant approached this Forum to direct the opposite parties to pay an amount of Rs.40,790/- with 12% interest towards the refund, Rs.2,00,000/- towards compensation and Rs.5,000/- as cost.

The opposite parties accepted notice but did not file vakkalath or version and hence set exparte.

The complainant filed affidavit in lieu of chief examination and marked Ext. P1 to P4 and also filed affidavit in lieu of chief examination.

Issues

1. Whether there is deficiency of service on the part of opposite parties?
2. Whether the complainant is entitled for the reliefs sought for?

Issues (i) and (ii)

The case of the complainant is that he who is a driver in profession, approached the 2^nd opposite party for purchasing a new Honda Amaze 1.5 SMT (1-DTEC) Sedan diesel model car from 2^nd opposite party as per Ext. P1.  The 2^nd opposite party assured that if the vehicle is registered as a taxi and the certificate is to be produced within 3 months, excise duty of 6% would be refunded after registration of the vehicle.  Believing the words and assurance of 2^nd opposite party the complainant booked for a new Honda Amaze 1.5 SMT Sedan diesel model car vide booking no.239 on 15.12.2016 by remitting an amount of Rs.15,000/- in cash.  As per the booking order the on road price of the vehicle is Rs.8,26,518/-.  The Sundaram Finance Pvt. Ltd sanctioned the loan amount as per the invoice of the opposite party for the purchase of the said vehicle on 05.01.2017.  Thus altogether the complainant remitted an amount of Rs.7,78,400/- towards the price of the aforesaid vehicle to the 2^nd opposite party after deducting year back discount.  The vehicle was delivered on 09.01.2017 and got registered through the 2^nd opposite party at the Regional Transport Office, Trivandrum as KL 01 CA 1541 in the name of the complainant with
Ext. P2 hypothecation endorsement to Sundaram Finance Pvt. Ltd., Kochi.  The vehicle was registered for use solely as taxi in the name of the complainant and the Ext. P4 certificate was issued by the Secretary, Road Transport Authority, Trivandrum on 23.01.2017.  The complainant submitted the duly attested copies of the registration particulars obtained from the Regional Transport Office to them for getting the refund of excise duty during the 1^st week of February 2017 itself.  The said vehicle was insured with M/s. Oriental Insurance Company Ltd., vide policy no.441591/31/2017/2173 valid from 05.01.2017 to 04.01.2018.  The complainant is entitled to get the refund of the excise duty @ 6% of the basic price on vehicles registered as taxi.  Therefore, the complainant approached the 2^nd opposite party for the refund of excise duty @ 6% from the price of the aforesaid vehicle collected by them.  The complainant also entrusted copy of all the relevant documents of the aforesaid vehicle with the 2^nd opposite party within the time limit.  The complainant approached the 2^nd opposite party for the refund for many times and lastly on 03.05.2017.  But the 2^nd opposite party failed to refund the excise duty to the complainant which he is legally entitled to.  The taxable amount as per the vehicle sales invoice issued by the 2^nd opposite party Rs.6,79,825/- and 6% of the said amount is Rs.40,790/-.  It is the duty of the 2^nd opposite party to get the amount of Rs.40,790/- refunded.  The 2^nd opposite party is the authorised dealer of 1^st opposite party committed deficiency in service to the complainant and thereby complainant sustained a loss of Rs.40,790/- as the refund of the excise duty.  So the complainant approached this Forum to direct the opposite parties to pay an amount of Rs.40,790/- with 12% interest towards the refund, Rs.2,00,000/- towards compensation and Rs.5,000/- as cost.

The complainant filed additional affidavit in lieu of chief examination for clarifying the exact date on which the complainant had entrusted the documents to 2^nd opposite party.  It is stated that the complainant approached the 2^nd opposite party for the refund of excise duty with copies of the relevant documents on 04.02.2017 itself.  The vehicle was delivered on 09.01.2017.  The opposite parties failed to appear before this Forum for contesting the case.  Hence the allegations of the complainant against opposite parties stand unchallenged.  There is nothing to disbelieve the complainant.  Therefore, the complaint is partly allowed by directing the opposite parties to pay Rs.40,790/- along with cost of Rs.5,000/- within one month of receipt of this order.

In the result, the complaint is partly allowed by directing the opposite parties to pay Rs.40,790/- along with cost of Rs.5,000/- within one month of receipt of this order failing which the amount of Rs.40,790/- shall carry interest @ 9% from the date of default till payment.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 30^th day of May, 2018.

SL

C.C.No.221/2017

APPENDIX

1. COMPLAINANT’S WITNESS

2. COMPLAINANT’S DOCUMENTS

3. OPPOSITE PARTY’S WITNESS

4. OPPOSITE PARTY’S DOCUMENTS

5. COURT EXHIBITS

                                                                            Sd/-

PRESIDENT