Date of filing : 21.04.2014
Date of order : 07.07.2022
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE, AT VELLORE DISTRICT
PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A.B.L., PRESIDENT
THIRU. R. ASGHAR KHAN, B.SC.B.L., MEMBER- I
SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A., MEMBER -II
THURSDAY THE 7TH DAY OF JULY 2022
CONSUMER COMPLAINT NO: 26/2014
- Girivasan,
S/o. Amaresan,
No.1/33E, Bajanai Koil Street,
Papperi Village,
Arcot Taluk,
Vellore District – 632 503. …Complainant
-Vs-
M/s. Sayar Cars,
S.F. No.3004 New Bye Pass Road,
Near Collectorate,
Vellore – 632 004. …Opposite party
Counsel for complainant : Thiru. S. Varadan
Counsel for opposite party : Thiru. N.S. Ramanathan
ORDER
THIRU. A. MEENAKSHI SUNDARAM, B.A.,B.L. PRESIDENT
This complaint has been filed under section 12 of Consumer Protection Act 1986. Directing the opposite party to pay a sum of Rs.28,000/-towards the return of excise duty with interest and also to pay a sum of Rs.1,00,000/- as compensation for deficiency in service andmental agony and also to pay cost of this proceedings.
1. The case of the complaint is briefly as follows:
The complainant purchased a TAVERA NEO 3 LS 9+1/2013, LMV TOURIST MAXICAB car from the opposite party for a sum of Rs.9,56,820/- on 31.01.2013 the same was registered as registration No.TN-73-E-6123 with the RTO office. It has been specifically informed by the opposite party to the complainant that there will be a rebate of Rs.28,000/- on excise duty to the complainant. The complainant further stated that his claim was refused by the opposite party on the ground that he was not attached the RTO certificate. Subsequently, the complainant has written a letter to the RTO office and they informed that the said amount was paid to the opposite party on 18.06.2013. The opposite party has rejected the claim of the complainant on the ground as it is time barred and the complainant alleged that having received the amount from excise authority and did not paid to the complainant by the opposite party, which amounts to UNJUST ENRICHMENT” on the part of the opposite party. The refusal of refund of excise duty by the opposite party caused mental agony and hardship to the complainant. Hence this complaint.
2. The written version of opposite party is as follows:
Per contra it is true that the complainant has purchased the TAVERA No.03 LS (10 str) Car on 08.02.2013 and the same was delivered on 01.03.2013. The complainant forwarded the paper to the manufacturer for claiming refund of excise duty of commercial vehicle after 03.08.2013. The papers so sent to the opposite party are Form P.C, Tax Card, Taxi Registration Certificate duly attested by Notary Public on 03.08.2013. After verification of the documents opposite party forwarded the same to the Head Office, General Motors, India Private Ltd., Gurgaon by courier on 05.08.2013 for getting refund of excise duty. The General Motors India Private Ltd., by its letter dated 12.08.2013 informed the opposite party that the claim made by the complainant is time barred and returned the papers to the opposite party.
3. Once again the opposite party requested the General Motors India private Ltd. Gurgaon to consider the claim of complainant to process the EDR claim. However the opposite party has not received any response from the General Motors India Private Ltd., Gurgaon. As per the provisions of Notification issued by the Excise Department the certificate from the State Transport Authority to be filed, stating that the motor vehicle has been registered for sole purpose of ambulance or Taxi as the case may be within three months or such extended period not exceeding for the period of further three months as the said Deputy Commissioner of Central Excise may allow from the date of clearance of said Motor vehicle from the factory of the manufacturer. The complainant has handed over the papers only after the expiry of three months that too after 03.08.2013. Immediately this opposite party forwarded to General Motors Indian private Limited, Gurgaon, Haryana, but they did not entertain the claim as it time barred one. This opposite party is only a dealer getting a vehicle from General Motors India Private Limited, delivering the same on their behalf. The entire sale amount including excise duty is being sent to General Motors India Private Limited and this opposite party is not retaining any of the sale price except getting the Commission for the sale of the motor vehicle. The complainant did not implead the proper party in the complaint. On this ground this complaint is liable to be dismissed for non-joinder of necessary party. This opposite party is not retaining any amount as alleged by the complainant. This opposite party denied that there is unjust enrichment and unfair trade practice on the part of the opposite party. The complainant is not suffering any mental agony and therefore this complaint is dismissed with cost.
4. Proof affidavit of complainantfiled. Ex.A1 to Ex.A5 were marked. Proof affidavit of opposite party filed.Ex.B1 to Ex.B7 were marked. Written argument of both sides filed and both side oral arguments heard.
5. THE POINTS THAT ARISES FOR CONSIDERATION ARE:
1. Whether there is any deficiency in service on the part of the opposite party?
2. Whether the complainant is entitled for relief as claimed in the complaint?
3. To what relief, the complainant is entitled to?
6. Point Nos.1 & 2: The complainant has purchased a TAVERA NEO 3 LS 9+1/2013, LMV TOURIST MAXICAB car from the opposite party on 08.02.2013 and the same was delivered to the complainant on 01.03.2013 after registration with RTO, Ranipet. The case of the complainant is that the Government of India has issued the notice for the refund of excise duty if the vehicle is used only for Ambulance or Taxi purpose. To avail the said rebate, claim should be made within 3 months from the date of registration.According to the complainant he has submitted the claim form within threemonths with the opposite party. However they returned the same for non-production of certain documents. It is pertinent to note that the practice followed by the dealer is that the opposite party is having liaison with various authorities including registration authority. Admittedly the opposite party handed over the vehicle on 01.03.2013 with the complainant after registering the vehicle. The opposite party is well aware that there will be refund of excise duty in case if the vehicle is used for the purpose of Ambulance or Taxi.
7. Further it is duty cast upon the opposite party handed over the car along with all legal documents i.e. RC book insurance, etc., till the car is handed over to the customer, the customers are not aware with regard to the procedure adopted prior to handling over of the vehicle to the customer. Further when we go through Ex.A3 the reply issued by the Regional Transport Office we find that the excise duty had already been paid to the someone on 18.06.2013 itself for the above said vehicle. It is therefore we find that the opposite party on the General Motors India Private Limited should have received the rebate of excise duties from the excise department. It is also not disputed that the excise duty will be refunded to only manufacturer i.e. General Motors India Private Limited none other person. This letter not disputed by the opposite party by producing any documents to disprove the contention of the letter. Therefore we have no other option except accepting the contention of the letter Ex.A3 dated 17.12.2013. Further if at all, if opposite party forwarded the application in time for refund of excise duty claim, the complainant would have received the rebate amount. Hence, there is negligence on the part of the opposite party in forwarding the claim form to the General Motors India private Limited in time and get the excise duty refunded in favour of the complainant. Because, the opposite party doing all liaison work with the manufacturer as well the Regional Transport Office. The complainant only signs the necessary paper for the purpose of Registration of vehicle and other ancillary work. Therefore, we find that the opposite party has committed deficiency in service which cause mental agony and hardship to the complainant. These Point Nos. 1 and 2 are decided in favour of the complainant.
8. Point No.3: We have already decided in Point Nos.1 and 2 that there is a deficiency in service on the part of the opposite party. Therefore the opposite party is hereby directed to refund Rs.28,000/- (Rupees Twenty Eight Thousand only) towards excise duty with interest at the rate of 9% p.a. from the date of this order and also to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.5,000/- (Rupees Five Thousand only) towards cost to the complainant. This Point No.3 is also answered accordingly.
9. In the result, this complaint is partly allowed. The opposite party is hereby directed to refund Rs.28,000/- (Rupees Twenty Eight Thousand only) towards excise duty with interest at 9% p.a. from the date of this order and also to pay sum of Rs.10,000/- (Rupees Ten Thousand only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.5,000/- (Rupees Five Thousand only) towards cost to the complainant within one month from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% per annum from the date of this order to till the date of realization.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the 7th July, 2022.
Sd/- Sd/- Sd/-
MEMBER-I MEMBER – II PRESIDENT
LIST OF COMPLAINANT SIDE DOCUMENTS:
Ex.A1 – 31.01.2013- Copy of the invoice 1117 for Rs.9,56,820/- issued by the
opposite party for the purchase of LMV tourist Maxi Cab
Ex.A2 - Copy of the Letter given by the complainant to the opposite
party claiming the said amount
Ex.A3 – 17.12.2013- Copy of the Letter sent to the complainant by the RTO
enclosing the certificate
Ex.A4 – 28.01.2014- Copy of the Notice issued by the complainant to the
opposite Party
Ex.A5 – 10.02.2014 - Copy of Reply sent by the opposite party to the complainant
LIST OF OPPOSITE PARTY SIDE DOCUMENTS:
Ex.B1 – 27.02.2013 - Copy of Tax invoice
Ex.B2 - Copy of RC Book of TN.73-E-6123
Ex.B3 - Copy of General Motor mail copy (net print)
Ex.B4 – 01.03.2013 - Copy of attestation copy of Taxi Registration Certificate
Ex.B5 - Copy of courier receipt
Ex.B6 – 13.08.2013 - Copy of Time barred letter
Ex.B7 - Copy of requesting expired EDR claim to process
Sd/- Sd/- Sd/-
MEMBER – I MEMBER – II PRESIDENT
