DATE OF FILING : 10-01-2013.
DATE OF S/R : 27-02-2013.
DATE OF FINAL ORDER : 26-04-2013.
Tapan Polley,
son of late Balai Ch. Polley,
residing at Kamarpara Kalitala, P.O. Jagadishpurhat,
P.S. Liluah, District – Howrah,
PIN – 711114.------------------------------------------------------------------- COMPLAINANT.
Versus -
Shree Automobile Pvt. Ltd.,
Shantiniketan Building (10th floor ),
Suite No. 8, 8 Camac Street,
Kolkata – 700017.
Branch Manager,
Mahindra & Mahindra Financial Services Limited
having its branch office at
Gaganachal Building ( first floor ),
37, Dr. Abani Dutta Road, Salkia,
Howrah – 711106.-------------------------------------------------OPPOSITE PARTIES.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
It is the specific grievance of the complainant, Tapan Polley that even after
receiving the required amount of Rs. 87,395/- for paying life-time road tax and registration charges for the vehicle in question, O.P. no. 1 never paid the life time road tax and sent the tax token papers to the complainant till the filing of this case.
Brief fact of the case is that complainant purchased one XYL 04 luxury car
of Mahindra make from O.P. no. 1 after availing himself of an installment facility provided by O.P. no. 2 on 31-08-2012 vide annexure, invoice dated 31-08-2012 as well as insurance cover note dated 31-08-2012. Thereafter, on being informed by O.P. no. 1, complainant paid Rs. 87,500/- to the agent of O.P. no. 1 on 15-09-2012 for which one primary money receipt as well as one final money receipt were issued to the complainant showing the payment of Rs. 87,395/-. Complainant also annexed the price list for the said car that became effective on and from 04-09-2012 wherefrom it is clear that the life-time road-tax along with registration charge for the vehicle in question was Rs. 87,395/-. As O.P. no. 1 was not sending the tax token paper even after receiving the total amount of Rs. 87,395/- for making payment towards lifetime road-tax and registration charge, complainant started requesting O.P. no. 1 over phone to do the needful and ultimately he sent e-mails to both O.P. nos. 1 & 2 vide annexure dated 18-10-2012 & 17-11-2012. But O.Ps. remained silent without giving any reply to his letters. And finding no other alternative complainant filed this case on 10-01-2013 praying for a direction to be given upon O.P. no. 1 to handover the life-time tax token paper for the vehicle in question and upon both the O.Ps., to pay an amount of Rs. 4,00,000/- as compensation for causing mental harassment and agony along with other reliefs as the Forum may deem fit and proper.
Notices were served upon the O.Ps. O.P. no. 1 appeared and filed written
version. None appears for O.P. no. 2. Accordingly, case was heard ex parte against O.P. no. 2.
Upon pleadings two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
Both the points are taken up together for consideration. We have carefully
gone through the written version and its annexures filed by O.P no. 1 and noted its contents. It is the specific plea of the O.P. no. 1 that at the time of the delivery of the vehicle in question, the required amount for life-time road tax and registration for the said vehicle was Rs. 1,02,630/- and not Rs. 87,395/- and they have also annexed price list dated 04-09-2012 and copy of the Kolkata Gazette, Extraordinary, August 10th, 2012. But it is quite surprising to us that the price list dated 04-09-2012 has been annexed by the complainant twice, one with his complaint / petition another with his BNA, and both are showing that the amount required for life-time tax and registration for the said car is Rs. 87,395/-. And O.P. no. 1 although mentioned about the same annexure in its written version but did not annex the same and only with BNA, O.P. no. 1 annexed the said annexure dated 04-09-2012 where the amount required for life-time road tax and registration shows as Rs. 1,02.630/-. And even for argument sake, we accept that the amount required was Rs. 1,02,630/-, why O.P. no. 1 received such a specific amount of Rs. 87,395/- for making road tax and registration of the said car. And O.P. no. 1 also categorically stated in its written version and BNA that road tax was paid for five years for an amount of Rs. 47,894/- and a cheque of Rs. 39,501/- dated 19-03-2013 was drawn in favour of the complainant to return him the balance amount. But from their own annexure i.e., price-list dated 04-09-2012 it is clear that road-tax for five years and registration for the said vehicle is Rs. 49,251/-. Is it a fact, that the competent authority for receiving road-tax and registration charge allowed them a discount on the same ? Moreover, only after filing the case on 10-01-2013, O.P. no. 1 prepared the cheque for an amount of Rs. 39,501/- on 19-03-2013 to return the balance amount to the complainant whereas O.P. no. 1 received Rs. 87,395/- on 15-09-2012 and final receipt was issued on 18-09-2012 by O.P. no. 1. Since 18-09-2013, they were withholding the same of Rs. 39,501/- without any valid reason. So, from all facts and circumstances as well as documents, it is crystal clear that O.P. took the amount of Rs. 87,395/- for making payment towards life-time road-tax and registration for the vehicle in question and by not doing so, they have grossly neglected to discharge their part of duty towards the complainant for which complainant is entitled to get relief from this Forum as the complainant is now required to make payment towards road-tax on and from 2017.
Accordingly, the case succeeds on merit with cost aginast o.p. no. 1 and
dismissed against O.P. no. 2 as there is no latches on the part of O.P. no. 2.
Hence,
O R D E R E D
That the C. C. Case No. 6 of 2013 ( HDF 6 of 2013 ) be allowed on contest with costs against the O.P.1 and dismissed ex parte against O.P. no. 2 without cost. .
The O.P. no. 1 is directed to handover all necessary documents related to the vehicle in question, if any, to the complainant within 15 days from the date of this order i.d., Rs. 50/- per day shall be imposed on them till actual compliance.
The complainant do get an award of Rs. 1,00,000/- as compensation. And O.P. no. 1 is directed to pay the same within one month from the date of this order, i.d., the entire amount shall carry an interest @ 10% p.a. till full realization.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
