THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR

Consumer Complaint No. 617 of 2014

Date of Institution : 25.11.2014

Date of Decision : 27.05.2015

Bhupinder Kaur wife of Bakhshish Singh resident of Village Kambojh, PO, Heir Ajnala Road, Amritsar

...Complainant

Vs.

M/s. Novelty Hyundai (Show Room) Div of Novelty Associates Pvt.Ltd. 57, Court Road, Amritsar 143001 through its Prop./Partner./authorized signatory/Person authorized to receive the summons

....Opp.party

Complaint under section 12/13 of the Consumer Protection Act, 1986

Present : For the complainant : In person

For the opposite party : Sh. Mohan Arora,Advocate

Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member &

Sh.Anoop Sharma,Member

Order dictated by :-

Bhupinder Singh, President

-2-

1 Present complaint has been filed by Bhupinder Kaur under the provisions of the Consumer Protection Act alleging therein that she purchased Hyundai i10 Magna car for a sum of Rs. 4,21,305/- including RC charges from the opposite party on 28.8.2014. According to the complainant opposite party had assured the complainant that the RC will be released to her within 30 days which the complainant failed to deliver within 30 days. In the meantime the Punjab Govt has revised tax w.e.f 8.10.2014 and now the opposite party is demanding increase tax of 2% for which the opposite party has got no right to claim as it is fault on the part of the opposite party for not applying for release of RC within the prescribed period. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite party to issue the RC of the car without charging extra amount of tax. Compensation of Rs. 20000/- alongwith litigation expenses were also demanded.

2. On notice, opposite party appeared and filed written version in which it was submitted that the present case involved regarding deposit of excessive rate of tax which has to be paid by the complainant but to avoid the payment of excess rate of tax, complainant has filed the present complaint. It was submitted that to avoid any conflicts, the opposite party had already deposited payment of excess amount of tax to the transport department at its own and RC of the vehicle has alredy been issued by the concerned department on 23.12.2014. Opposite party had requested the complainant to come and collect the RC, but complainant is adamant that she will received the RC in the Court. Opposite party had also offered to collect the RC of the vehicle in the Court , he she had refused to accept the same.

3. Complainant tendered into evidence her affidavit Ex.C-1, copy of notification Ex.C-2, copy of retail invoice Ex.C-3.

4. Opposite party tendered affidavit of Sh. Rajesh Kakaria,attorney holder Ex.OP1, copy of RC Ex.OP2, copy of ledger account statement Ex.OP3, general power of attorney dated 28.9.2005 Ex.OP4.

5. We have carefully gone through the pleadings of the parties, arguments advanced by the complainant and ld.counsel for the opposite party and have appreciated the evidence produced on record by both the parties with the valuable assistance of the complainant and ld.counsel for the opposite party.

6. From the record i.e.pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant purchased Hyundai i10 Magna car from the opposite party vide invoice dated 28.8.2014 Ex.C-3. Opposite party also collected the charges of registration certificate of the vehicle from the complainant and assured the complainant that the RC would be released to the complainant within 30 days. But the opposite party failed to deliver the RC to the complainant. In the meantime the Govt.of Punjab revised the tax w.e.f. 8.10.2014 from 6% to 8% of registration charges. The opposite party has been illegally and wrongly demanding 2% more tax from the complainant for the issuance of RC of the vehicle. The complainant submitted that all this amounts to deficiency of service on the part of the opposite party.

7. Whereas the case of the opposite party is that the main dispute in the present complaint is regarding deposit of excessive rate of tax i.e. registration charges payable by the complainant and in order to avoid the payment of enhanced rate of tax of registration charges, the complainant has to file the present complaint. However, to avoid any conflicts, the opposite party had already deposited the payment of excess amount of interst to the transport department and RC of the vehhicle has already been issued by the concerned department on 23.12.2014. But the complainant was adamant that she would receive the RC in the court. Ld.counsel for the opposite party submitted that there is no deficiency of service on the part of the opposite party qua the complainant.

8. From the entire above discussion, we have come to the conclusion that complainant purchased the vehicle i.e. i-10 Magna car from the opposite party vide invoice dated 28.8.2014 Ex.C-3. The opposite party has charged the amount of registration charges of the vehcile in question from the complainant. But the opposite party failed to deposit the tax/amount regarding registration of the vehicle in question with the concerned authority i.e. DTO,Amritsar immediately when the car was purchased by the complainant on 28.8.2014. In the meantime the Govt. of Punjab revised the registration charges w.e.f 8.10.2014 increasing the registration charges from 6% to 8% of the price of the vehicle. It was due to fault on the part of the opposite party by not depositing the registration charges with the concerned department within a reasonable time from the date of purchase of the vehicle that is why the enhanced tax of registration charges has to be paid by the opposite party for the registration of the vehicle of the complainant. No doubt the opposite party deposited the enhanced tax regarding registration of the vehicle with the conerned department and got the registration certificate of the vehicle of the complainant and delivered the same to the complainant on 24.2.2015 which was received by the complainant under her own signatures in this Forum. The opposite party was bound to get the registration certificate of the vehicle of the complainant from the concerned department within one month from the date of purchase of vehicle. But the opposite party delivered the RC of the vehicle in question to the complainant on 24.2.2015 i.e. after a lapse of a period of six months and as such the complainant had to suffer hardship in taking the vehicle on road without RC . As such the complainant suffered harassment due to deficiency of service on the part of the opposite party.

9. Consequently we dispose of this complaint with the direction to the opposite party to pay compensation of Rs. 5000/- . Opposite party is also directed to pay litigation expenses Rs. 1000/- to the complainant. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

27.05.2015 ( Bhupinder Singh )

President

( Kulwant Kaur Bajwa) (Anoop Sharma)

/R/ Member Member