15/01/16

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

             This Appeal is directed against the judgment and order passed by Learned District Forum, Barasat, North 24-Paraganas in CC 96 of 2013 allowing the complaint with cost of Rs.5,000/- against the OPs and directing the OPs to pay the sum of Rs.57,000/- as compensation.  The OPs were directed further to pay the sum of Rs.5,000/- as punitive damages for adopting unfair trade practice and also to pay Rs.5,000/- to the Complainant for causing mental pain, agony and financial loss. 

            The case of the Complainant/Respondent, in short, is that he booked a Maruti Dezire VXi Car on 05/09/12 and it was delivered to him on 19/10/12.  The Complainant paid Rs.6,74,747/- towards the total cost for delivery of the car and other accessories from showroom which also included the registration and tax payment for 15 years (lifetime) amounting to Rs.57,657/- for which application form duly filled in by the Complainant was taken by the OP.  At the time of delivery it was told by the OP that tax token for life time will be delivered before 07/11/12.  But there was no feedback from OP No.1 till 20/11/12.  Subsequently, the Complainant came to learn from the showroom of the OP that tax token has been erroneously taken for 5 years amounting to Rs.31,386/-.  The difference of Rs.26,284/- has been refunded to the Complainant on 27/11/12.  In spite of paying for life time tax the Complainant was compelled to accept tax token for 5 years causing mental pain and agony and financial loss. 

            The Learned Counsel for the Appellant has submitted that refund of the balance amount has been made on 23/11/12 to the Complainant.  It is contended that the RTO, Barrackpore, North 24-Parganas was a necessary party and the complaint case suffered from non-joinder of necessary party.  It is submitted that it was the fault of the RTO, Barrackpore. 

            The Learned Counsel for the Respondent has submitted that the Complainant requested the OP several times to do the needful in the matter, but no reason was assigned by the OP as to why the life time tax token was not handed over to the Complainant.  It is submitted that the balance amount has been refunded by the OP to the Complainant. 

            We have heard the submission made by both sides.  It appears from the materials on record that at the time of purchase of the car the Respondent/Complainant paid the amount towards life time tax in respect of the car, but the OP delivered tax token for 5 years only.  It is also evident from the materials on record that the OP refunded the balance amount to the Complainant.  It appears that the OP wrote a letter to the RTO, Barrackpore on 30/01/13 that the Complainant applied for life time tax token through annexure 1 on 12/10/12, but the customer has received the tax token for one time.  The fact remains that the OPs could not deliver the tax token as agreed upon.  Considering the circumstances aforesaid, we modify the impugned judgment as hereunder.

            The Appeal is allowed in part.  The OPs of the complaint are jointly and severally directed to pay Rs. Rs.25,000/- as compensation and Rs.5,000/- as litigation cost to the Complainant within 45 days from this date failing which the simple interest @ 9% p.a. shall accrue from the date of default till realisation.  The other directions passed by the Learned District Forum are set aside.  The impugned judgment stands modified accordingly.