IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 30th day of November, 2016
Filed on 12.06.2015
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt.Jasmine.D. (Member)
in
C.C.No.178/2015
between
Complainant:- Opposite Parties:-
Sri. T. P. Babu 1. M/s. Popular Vehicles and Services Thayyil House Ltd., Kuttukaran Centre
Arthunkal P.O. Mamangalammm, Kochi – 682 025
Cherthala, Alappuzha represented by its Manager
(By Adv. Cheriyan Kuruvila)
2. The Showroom Manager
Popular Vehicles and Services Ltd.
Manorama Junction, Cherthala
(By Adv. B. Somanadha Kurup –
for opposite parties)
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
On 25.04.2014, the complainant placed an order with the first opposite party for the purchase of a Maruti Shift Desire Tour car through the 2nd opposite party. The entire cash was subsequently paid on 30.05.2014 and the vehicle was delivered to the complainant on 17.06.2014. The Registering Authority, Cherthala has issued Certificate of Registration to the vehicle with registration mark No. KL 32 G 3875. Complainant purchased the vehicle on availing a loan from the Kotak Mahindra, Palaraivattom to use it as a tourist taxi by virtue of contract carriage permit for earning livelihood from the income. Since the vehicle was purchased to use it as a tourist taxi with Contract Carriage Permit, the complainant is entitled to get Rs.20,000/- as Government subsidy and as the dealers of the vehicle, the opposite parties are liable to claim and arrange the subsidy by placing refund application along with necessary documents before the Central Excise. The entire documents entrusted with the opposite parties by the complainant immediately after getting registration certificate. It is the liability, duty and obligation of the opposite parties as the dealers of the vehicle to claim and procure the government subsidy amount payable by the Central Excise to those who purchase vehicles to be used as Tourist Taxi with contract carriage permit and as such the opposite parties are liable and legally responsible to take necessary proceedings to claim and obtain the Government subsidy to the complainant, but they failed to make prompt claim for the subsidy amount payable to the complainant and on account of the laxity and negligence of the opposite parties, the complainant didn’t get the subsidy amount so far and has thereby sustained huge financial loss and damages. The complainant made frequent visits to the office of the opposite parties at their Kochi and Cherthala offices to make enquiries regarding the progress of his application for Government subsidy, but on all such occasions, he was sent back by the opposite parties on bald excuses and suppressing the real facts. The complainant has fulfilled all the requirements to claim the subsidy in tune with advise of the of the opposite parties and hence the contention in the reply notice that there was delay in procure the permit is not true and correct. Alleging defect and deficiency in service on the part of the opposite parties, the complaint is filed.
2. The version of the opposite parties are as follows:-
It is true that complainant purchased a Maruti Car through opposite party for the purpose of running tourist taxi. As per the norms claim for such subsidy is to be filed within 3 months from the date of manufactures, invoice and hence the complainant has to put his claim before 23.6.2014, after effecting the registration of the vehicle with the concerned RTO as tourist taxi. Complainant effected registration of the vehicle only on 30.6.2014 and the taxi permit was granted only on 21.7.2014 and submitted claim only September first week. However with due information to the complainant regarding the delay, this opposite parties forwarded the claim duly and immediately to the manufacturer for forwarding to the Central Excise Department and that is pending there and hence Department of Central Excise is a necessary party to this proceedings. The opposite parties have forwarded all the documents to the manufacturer to be forwarded to the Central Excise Department. There is no deficiency in service from the part of the opposite parties.
3. The complainant was examined as PW1. The documents were produced marked as Exts.A1 to A7. From the side of the opposite parties 5 documents produced and it marked as Exts.B1 to B5. Ext.B5 marked subject to objection.
4. The points that arose for consideration are as follows:-
1) Whether there is any deficiency in service on the side of the opposite parties?
2) If so the reliefs and costs?
5. It is an admitted fact that complainant purchased Maruti Swift car through the opposite party for the purpose of running a tourist taxi. According to the complainant, the vehicle was delivered to him on 17.6.2014 and it was registered on 30.6.2014. Ext.A4 shows that the vehicle was registered on 30.6.2014. The contention of the opposite party is that the claim for subsidy is to be filed within 3 months from the date of manufacturer’s invoice and hence the complainant has to put his claim before 23.6.2014. It is pertinent to notice that opposite party has not produced any documents in order to substantiate this contention. The registration of the vehicle was done on 30.06.2014 and it is admitted in the version that the claim was submitted by the complainant on September first week. Apart from that Ext.A2 shows that the vehicle invoice issued to the complainant is dated 30.5.2014. If so the complainant had made registration within 3 months from the date of invoice. Hence it is clear that complainant has submitted the claim with the opposite party within 3 months from the date of registration. Another contention of the opposite party is that they forwarded the claim to the manufacturer for forwarding to the Central Excise Department and ie. pending there and hence the
Department of Central Excise is to be impleaded in these proceedings. The complainant has purchased the vehicle from the first opposite party the dealer of Maruti Suzuki vehicle to use it as a tourist taxi. According to the complainant, the loan was also arranged by the opposite parties. It is also an admitted fact the opposite parties collected application for the subsidy amount from the complainant and forwarded it to the Central Excise Department. Since the transactions are between the complainant and opposite parties, there is no need to implead the Central Excise Department in these proceedings. From the above discussion, we are of the considered opinion that the opposite parties committed deficiency in service in dealing with the subsidy claim of the complainant. Hence the opposite party is liable to compensate the loss sustained by the complainant due to the loss of subsidy benefit entitled to him.
In the result, complaint is allowed. The opposite parties are directed to pay Rs.20, 000/- (Rupees twenty thousand only) to the complainant with 8% interest from the date of complaint till realization. The opposite parties are further directed to pay an amount of Rs.2, 000/- (Rupees two thousand only) towards costs of the proceedings to the complainant. The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in open Forum on this the day 30th day of November, 2016.
Sd/- Smt.Elizabeth George (President) :
Sd/- Sri. Antony Xavier (Member) :
Sd/- Smt.Jasmine.D. (Member) :
Appendix:-
Evidence of the complainant:-
PW1 - T.P. Babu (Witness)
Ext.A1 - True copy of the Tax/charges invoice dated 17.6.2014
Ext.A2 - True copy of the Tax/vehicle invoice dated 30.5.2014
Ext.A3 - True copy of the contract carriage permit
Ext.A4 - True copy of the certificate of registration
Ext.A5 - True copy of the advocate notice dated 7.1.2015
Ext.A6 series - Postal receipts (2 Nos.)
Ext.A7 - True copy of the reply notice dated 4.2.2015
Evidence of the opposite parties:-
Ext.B1 - Copy of the Chassis details of Taxi
Ext.B2 - Copy of the claim form
Ext.B3 - Copy of the form for refund of excise duty to taxi customers
Ext.B4 - Copy of the taxi registration certificate
Ext.B5 - Copy of the taxi excise duty tracing register
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
