West Bengal

Paschim Midnapore

CC/66/2016

Sri Dipankar Das - Complainant(s)

Versus

Principal Office-in-Charge, VOLTA Motors - Opp.Party(s)

Basudev Chakraborty

17 Aug 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                            

Bibekananda Pramanik, President,

Debi Sengupta, Member

and

Kapot Kumar Chattopadhyay, Member

 

Complaint Case No.66 /2016

                                                        

Sri Dipankar Das, S/o-Swapan Kumar Das, Ballavpur (Sohagi Lane), P.O.-Midnapore,    

 P.S.-Kotowali, Dist-Paschim Medinipur……………………Complainant.

Versus

Pricipal Office-in-charge, VOLTA Motors, O.T.Road, Inda, Kharagpur,     

P.S.-Kharagpur(L), Dist-Paschim Medinipur…………..Op.

 

              For the Complainant:  Mr. Raghunath Bhattacharya,  Advocate.

              For the O.P.              :   Mr. Swapan Bhattacharya,  Advocate.

 

Decided on : 17/08/2016

                               

ORDER

    Kapot Kumar Chattopadhyay, Member–Complaint is being filed under section 2(1)(b)(i) of the Consumer Protection Act, 1986; being an unemployed youth for the purpose of self- employment and to procure daily alms for complainant's family members, the complainant had purchased a battery operated e- Rickshaw from the opposite party at price of Rs. 1,20,000/- (Rupees One lac and twenty thousand) only. The opposite party is engaged in the business of Selling & Servicing attery operated e - Rickshaw (three wheeler passengers ). The complainant had purchased the said e-Rickshaw (three wheeler passengers) from Opposite Party on 18/09/2015, by way of taking personal loan, and for that reason he has been paying a huge amount as monthly interest on regular basis, at the time of purchase of the said e-rickshaw (three wheeler passengers), O.P. asked the complainant to pay Rs. 1,20,000/- (Rupees One lac and twenty thousand) only, and he paid the

                                                                                      Contd……………..P/2                                                                                                  

                                                                 

( 2 )

same, i.e., Rs. 1,20,000/- (Rupees One lac and twenty thousand) by cash as per O.P's required/offered price for the said e-rickshaw, and the O.P. also acknowledge/confirm the said cash receipt through his Proforma Invoice Cum Delivery Challan, vide No. 354, dated 18/09/2015, Model : Puspak, Clour: Blue, Regn. No. KVM-9, by stamping paid stamp, and also signed on it, dated 18/03/2015 (true copy of which is annexed, marked as A with this Complaint), there is no shadow of doubt in the established relationship between the Complainant, i.e., Consumer & with the Seller, i.e., Opposite Party, and the cause of action arose on 18/09/2015, when that event of sale and purchase was took place. Some established relationship grows due to taking and cknowledging the price demanded for the purpose of manufacturing and sale of the said e-rickshaw (three wheeler passengers), in favour of your complainant, from the O.P's end, those relationships are as under-

                          (i)  the O.P. is both manufacturer and also a seller of e- rickshaw;   

                         (ii)  the O.P. is both producers & seller and the complainant is a Consumer/Customer;                       

                        (iii) O.P. is a dealer under the WB VAT Act. and your complainant is a WB VAT payer (being O.P's WB VAT Regn. No. 19841285981 & CST No. 19841285981, as disclosed by the O.P. in his TAX INVOICE / DELIVERY CHALLAN) (which are annexed with this complaint)

                                                              As a consumer of aforementioned e-Rickshaw of the O.P's said trading & servicing concern, from the very day of purchase, i.e., from 18/09/2015till date your complainant have met with the O.P. and his officials and had been asking the O.P. to issue your complainant those essential lindispensable requisite documents which are indispensible part and parcel with said e-Rickshaw and also required for registration with the MY Department of Midnapur, Paschim Medinipur.

                 Complainant asked verbally several times, about my legitimate demand, i.e., for F-21, F-22, TCR, etc. but the O.P. desperately ignore the matters;  when the O.P. is a seller/trader of e-rickshaw, where there is no figment of imagination; That your petitioner extended every courtesy possible, but have not yet got any meaningful co operation from the O.P's side in relation with the said matter; through notice/letter which one send on 29/03/2016, your complainant requested before the O.P. for F-21, F-22, TCR, etc., the O.P. has acknowledge the said notice/letter on 30/03/2016 and the cause of action further arose on 29/03/2016 when a written notice was send by the complainant (true copy of which is annexed, marked as 'C' with this Complaint).

                                   The O.P. replied the said notice/letter dated 28/03/2016, which one sent on 29/03/2016, and the cause of action further arose on 09/04/2016, when a written reply letter dated 09/04/2016 with false assurance was sent by the O.P. addressing the your petitioner (true copy of which is annexed, marked as 'D' with this Complaint).

Contd…….P/3

 

                                                                                                   ( 3 )

                                    Being dissatisfied with the answer with false assurance of O.P. and also being unsuccessful for valid registration of the authority concerned and also seeing no other alternative, your petitioner further send a notice/ letter dated 18/04/2016 to the O.P. but, unfortunately, no satisfactory reply from the end of the O/P has yet been received by the complainant, O.P's silence in respect of the matter seems he deliberately accepts all allegations of the complainant's 2^nd notice/letter dated 18/04/201-6 (true copy of which is annexed, marked as E with this Complaint),. That the O.P. desperately misguiding your complainant to render services/ responsibilities/liabilities from O.P's end and also denied to issue the Form - 21, Form - 22 alongwith TCR, which are most essential/indispensable requisite documents are required for registration of said ref. e - rickshaw (three wheeler passengers), since indefinite period.

               And to resolve the present crisis, O.P. has to issue the said Form - 21, Form - 22 alongwith TCR in favour of your complainant to register your complainant's e-Rickshaw, with the concerned M.V. Department, Midnapur, Paschim Medinipur, which the O.P. has sold your complainant, details of said e-Rickshaw well known to the O.P.

             The O.P. has claimed/declared that they are a registered dealer under W.B. VAT Act, 2003, being VAT No. 19841285981 and also a registered dealer under Central Sale Tax Act, 1956, being CST No. 19841285981.

             The O.P. received from the complainant cash of Rs. 1,20,000/-  (Rupees One lac and twenty thousand) only, in time of sale of said E-Rickshaw, but the OIP issued to your petitioner two types of receipt documents in support of petitioner's said payment, and for single cash transaction of Rs 1,20,000/- (Rupees One lac and twenty thousand) only which are in details, as follows : -

Proforma Invoice cum Delivery Challan, vide Challan No. 354, dt. 18/09/2015of an amount - Rs. 1,20,000/- (Rupees One lac and twenty thousand) only, and another one;

Tax Invoice Delivery Challan, vide Challan No. 095, dt. 18/09/2015, sum total an amount of Rs .. 88,877/- (Rupees Eighty eight thousand and eight hundred seventy seven) only, break up of which amount shown as Rs. 60,0001- as value of said E- Rickshaw, Rs. 5,0001- as WB VAT @ 5% on Rs. 60,0001-, and Rs. 22,6001- as value of 4(four) pieces of Battery @ Rs. 5,6501- each and Rs. 3,277/- as WB VAT @ 14.5% on Rs. 22,6001- (true copy of Tax Invoice Delivery Challan is annexed, marked as B with this Complaint.

      The time for registration, as per offer letter issued by the concerned authority, i.e. the M.V. Department, of Midnapur, Paschim Medinipur, was 90 ( ninety) days which has already elapsed and for three (3) times it has been renewed by paying Rs. 1,0001- (Rupees One thousand) for each month, alongwith clerkage.

Contd…….P/4

 

                                                                 

( 4 )

             Op. contested the case by filling W/O challenging the case is not maintainable for want of action and jurisdiction.

 

            The Complainants present Complainant is harred by the defect of parties. The manufacturer DAVE EXIM Pvt. Ltd. is the necessary party in this case. No part of this statements made in the Complainant petition are correct, save and except those which are specially admitted by this Op. The statements made in the Complainant petition are not correct. It is correct say that the Complainant is an unemployed youth or for the purpose of self employment or to procure daily alarms for his family thecomplainant purchased a battery operated e-rickshaw from the O.P. or the O.P. is both manufacturer and also a seller of e- rickshaw or from 18.09.2015 till date the complainant had met with the O.P. or his official had been asking the O.P. to issue those essential requisite documents which are indispensible part and parcel or the O.P. is responsible or liable to issue temporary certification of registration or the O.P. desperately violating the fundamental right of the consumer or the O.P. and his authority have asked the complainant to come in different dates or the complainant asked verbally several times about legitimate demand or the O.P. desperately ignore the same or to resolve the present crisis the O.P. has to issue the said Form 21, Form-22 along with TCR infavour of the complainant to register the complainants e-Rickshaw are not correct.

                     The complainant has filed the instant complainant before your honour court with some false and fictitiousallegations against your O.P. On the basis of those false allegation the complainant is not entitled to get any relief from your honour forum. The complainant is a bonafide purchases of an e- rickshaw from your O.P. The complainant purchased the said e-rickshaw on 18.09.2015. At that time there was no rules to issue TCR on e-rickshaw. The M.V. Department, Paschim Medinipur, vide notification dated 14.10.2015 issued an order to follow the rules and - regulation the notification dated 27.04.2015 issued by Govt. of West Bengal.

                      Issues:

1. Whether the case is maintainable in its present form ?
2. Whether the Op. is in deficiency in service within the meaning of under section 21(G) read within in section 21/o of C.P.Act 1986.
3. Whether the Op. is liable for deficiency in service ?
4. Whether the complainant is entitled to getting relief as prayed for.?

                                                                                                                                                                             Contd…….P/5

 

( 5 )

Decision with reasons

                         All the issues are taken up for together for discussion as those are inter linked each other for the purpose of arising at a correct decision in this disputes. In view of the above it is held and decided that the Op. is liable for deficiency of service as alleged by the Complainant. So the Complainant has come before the Forum to seek the relief in terms of the prayer mention in the petition of complaint. In view of the above all issues are accordingly  in favour of the Complainant.

             At the time for registration, as per offer letter issued by the concerned authority, i.e. the M.V. Department, of Midnapur, Paschim Medinipur, was 90 ( ninety) days which has already elapsed and for three (3) times it has been renewed by paying Rs. 1,000/- (Rupees One thousand) for each month, alongwith clerkage. Due to non-compliance and not discharging the proper responsibilities by the O.P. the said e-Rickshaw yet to be registered by the authority and the O.P. is silent and did not comply the same. As such your complainant is facing great trouble and is harassing by the O.P. as well as under the provisions of the M.V. Department of Midnapur, Paschim Medinipur. By giving written assurance to the complainant through an intimation dated 09/04/2016, in relation with issuance of the said Forms & TCR, the O.P. has accepts all allegations of the complainant and it is also confirm by the O.P. that, those Forms & TCR are part & parcel of the said e-Rickshaw, which must be provided by the seller of battery operated e-Rickshaw in time of sale of said e- Rickshaw, but the O.P. has failed to issue and the cause of action further arose. It is very much essential to register the e-Rickshaw before the concerned authority otherwise your complainant is facing great economic crisis and his family members are also facing irreparable loss and economic injuries. For the purposes of section 11 of the Act, compensation claimed by the complainant is below Rs. 2,00,000/- , so this forum has jurisdiction to determine and adjudicate this dispute.

                                    Hence, it is,

                                                         Ordered,

                                that the case is allowed on contest with cost.

              The Op. is hereby directed to register the e-Rickshaw in favour of the complainant before the concerned authority immediately.

               O.P. is also directed to pay a sum of Rs. 50,000/- for deficiency in service to the complainant and also to pay a sum of Rs.5,000/- for  mental pain and agony and Rs. 2,000/- as  litigation cost within 60 days from the date of this order  in default Complainant will be at liberty to proceed the matter before the Forum in accordance of the provision of law in this behalf.

             Copy of order be supplied free of cost.     

Dictated and Corrected by me

  Sd/- K.K.Chattopadhyay.                    Sd/- D. Sengupta.                      Sd/-B. Pramanik. 

               Member                                         Member                                    President

                                                                                                                   District Forum

                                                                                                               Paschim Medinipur