ORDER | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR. Consumer Complaint No. 256 of 2015 Date of Institution: 24.04.2015 Date of Decision: 14.10.2015 Sh.Gurpreet Singh son of Amrik Singh, resident of Village: Roran Wala Kalan, P.O: Attari, District Amritsar. Complainant Versus Standard Motors, G.T.Road, VPO: Attari, Near Power House, Tehsil & District: Amritsar, through its proprietor. Opposite Party Complaint under section 12 & 13 of the Consumer Protection Act. Present: For the Complainant: In person. For the Opposite Party: Exparte. Quorum: Sh.Bhupinder Singh, President Ms.Kulwant Kaur Bajwa, Member Order dictated by: Sh.Bhupinder Singh, President. - Present complaint has been filed by Sh.Gurpreet Singh under the provisions of the Consumer Protection Act alleging therein that he purchased one Motor Cycle make ‘Hero Passion Pro’, having engine No.HA10ETFHB52399, Chassis No.MBLHA10BJFHB27384, vide invoice No. 16 dated 18.4.2015 from Opposite Party. Complainant alleges that at the time of purchase of the Motor Cycle in question, the Opposite Party demanded Rs.6,000/- for applying Registration Certificate of the said Motor Cycle. The complainant requested that he has already made the payment for Registration Certificate of the said Motor Cycle. The complainant further asked the Opposite Party that why they are charging more than that of requisite fee, but the Opposite Party did not give any reply to the query of the complainant and remained adamant of the demand of Rs.6,000/-. This act of the Opposite Party of demanding excess amount than that of requisite fees for registration of the vehicle amounts to unfair trade practice as the Opposite Party is duty bound to apply for Registration Certificate and also not having any right to charge the excess amount than that of prescribed fees. Alleging the same to be deficiency in service, complaint was filed seeking directions to the opposite party to issue Registration Certificate of the Motor Cycle after receipt of requisite fee from complainant. Compensation and litigation expenses were also demanded.
- Notice was issued to the Opposite Party through registered post, but despite service, none appeared on behalf of Opposite Party, so Opposite Party was proceeded against exparte vide order dated 30.7.2015 of this Forum.
- Complainant tendered into evidence his affidavit Ex.C1 alongwith copy of retail invoice Ex.C2 and closed the evidence on behalf of the complainant.
- We have carefully gone through the pleadings of the complainant; arguments advanced by the complainant and have appreciated the evidence produced on record by the complainant.
- From the record i.e. averments of the complaint and evidence produced on record by the complainant, it stands fully proved on record that the complainant purchased one Motor Cycle make ‘Hero Passion Pro’, having engine No.HA10ETFHB52399, Chassis No.MBLHA10BJFHB27384, vide invoice No. 16 dated 18.4.2015 from Opposite Party. Complainant alleges that at the time of purchase of the Motor Cycle in question, the Opposite Party demanded Rs.6,000/- for applying Registration Certificate of the said Motor Cycle. The complainant demanded receipt, but the Opposite Party refused to give the receipt of the same. The complainant asked the Opposite Party that they are charging excessive fee for the registration of the vehicle. In this regard, the complainant examined Smt.Sawinder Kaur, Registration Clerk from the office of DTO, Amritsar who deposed that as per the government instructions, at present the registration tax rate on two wheeler vehicle is 6% on the basic price of the vehicle excluding VAT amount and Rs.410/- with regard to Smart Card fee, society fee, registration fee and Rs.100/- is charged in case of hypothecation case and no other fee is chargeable for the registration of the vehicle in question. The complainant has proved his case through his affidavit Ex.C1 and proved invoice Ex.C2 and also got recorded his statement on 8.10.2015 in this Forum, in which the complainant submitted that he has paid full amount of Rs.51,400/- as per invoice Ex.C2 to the Opposite Party and they delivered the possession of the vehicle i.e. Motor Cycle to the complainant and the complainant also got free services from the authorized service centre of Hero Company, job card dated 1.10.2015 is also placed on record. The complainant also examined Smt.Sawinder Kaur, Registration Clerk office of the DTO, Amritsar. The evidence produced by the complainant remained unrebutted and unchallenged because none appeared on behalf of Opposite Party despite service nor filed any written version to contest the complaint filed by the complainant nor any person on behalf of Opposite Party dared to file any affidavit to rebut the evidence produced on record by produced the complainant.
- So from the entire above unrebutted and unchallenged evidence produced on record, we have come to the conclusion that the complainant purchased Motor Cycle make ‘Hero Passion Pro’, having engine No.HA10ETFHB52399, Chassis No.MBLHA10BJFHB27384, vide invoice No. 16 dated 18.4.2015 (Ex.C2) from Opposite Party and the complainant paid the entire price of Rs.51,400/- including VAT and the Opposite Party delivered the vehicle i.e. Motor Cycle to the complainant. It is pertinent to mention here that the dealer has to get prepared the Registration Certificate of the vehicle sold to the customer, from the office of District Transport Officer. As per prevalent rules/ instructions of the government as deposed by Smt.Sawinder Kaur, Registration Clerk from the office of DTO, Amritsar, the registration tax rate on two wheeler vehicle is 6% on the basic price of the vehicle excluding VAT amount i.e. Rs.44,969.38 which amounts to Rs.3110/- i.e. Rs.2700/- as registration tax fee and Rs.410/- with regard to Smart Card fee, society fee, registration fee, but the Opposite Party has demanded Rs.6000/- as registration charges from the complainant which are highly excessive.
- Resultantly, this complaint is disposed of with the directions to the Opposite Party to get the Registration Certificate of the vehicle of the complainant i.e. Motor Cycle make ‘Hero Passion Pro’, having engine No.HA10ETFHB52399, Chassis No.MBLHA10BJFHB27384, prepared from the office of DTO, Amritsar on filing of necessary/ actual fee by he complainant as stated above as per the government instructions i.e. @ 6% of the basic price of the vehicle excluding VAT + other charges i.e. Rs.410/-, within one month from the date of receipt of requisite fee and documents from the complainant. The Opposite Party is also directed to pay the cost of litigation to the tune of Rs.1,000/- to the complainant. Copies of the orders be furnished to the parties free of cost. 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.
Dated: 14.10.2015. (Bhupinder Singh) President hrg (Kulwant Kaur Bajwa) Member | |