Complaint is filed on 17-01-2008

                                                                                                Compliant disposed on 13-03-2008          

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

::AT:: K A R I M N A G A R

PRESENT: SRI B. RAJANNA, B.Com. LL.B., PRESIDENT

SRI R. LAXMINARSIMHA RAO, M.A.LL.B., MEMBER

 

THURSday, THE THIRTEENTH DAY OF MARCH, TWO THOUSAND EIGHT

 

Between:

Kasipeddy Bhanumurthy, S/o. Balaram Raju, Age 43 years, Occ: R.M.P. Doctor, R/o Bheemaram (v), Medipally Revenue Mandal of District Karimnagar.

    …Complainant.

AND

The Branch Manager, Union Bank of India, Koratla Branch Post Koratla (v) and Mandal of Karimnagar district.

                                                                            …Opposite Party.

 

            This complaint is coming up before us for final hearing on   3-3-2008, in the presence of Sri M.Mahender, Advocate for complainant, and opposite party remained exparte, and on perusing the material papers on record, and having stood over for consideration till this day, the Forum passed the following:

 

1.       This complaint is filed against Union Bank of India seeking direction to the opposite party to pay the amount of Rs.28,455/- paid by him towards Road Tax and compounding fee, Rs.26,000/- towards compensation for mental agony and monetary loss, Rs.24,000/- towards damages caused to the Auto and Rs.4,000/- towards costs to the petitioner.

 

2.       The complainant purchased auto bearing registration bearing number AP 15 W 4132 from the opposite party on 24.04.2007 for a consideration of Rs.30,000/-. The amount was deducted from the account of the complainant. Superintendent of Police, Karimnagar purchased the said auto under Hypothecation Agreement from the opposite party under rehabilitation scheme for the ex-militant,   B. Rajammallu @ Mukesh, S/o. Bhoomaiah, R/o. Bheemaram Village of Medipally Mandal of Karimnagar District, in the year 2003 and after a period of one year Rajamallu failed to pay the loan installments. The opposite party seized to Auto from him and sold it to the complainant on 24.04.2007. Since then the complainant was running the Auto to earn his livelihood and on 29.09.2007 Motor Vehicle Inspector, Koratla, seized the Auto from the possession of the complainant for non-payment of Road Tax Rs.25,830/- and compounding fee Rs. 2,625/- from 31.12.2003 to 30.12.2007. The complainant requested the opposite party bank to pay the said Road Tax, to the Deputy Transport Commissioner & Secretary, Regional Transport Authority, Karimnagar. The opposite party replied that they would issue a letter and solve the problem. The complainant has also approached Sri. Kommireddy Ramlu, M.L.A. and District Collector, Karimnagar, but their efforts proved in vain. Therefore, the complainant has approached the opposite party   and requested them to pay the Road Tax etc. The opposite party refused to pay the same to the D.T.C. Karimnagar.

 

3.       Opposite Party remained exparte.

 

4.       Point for consideration is whether there is any deficiency in service on the part of the opposite party and to what relies the complainant is entitled to ?

 

5.       The complainant has filed his affidavit and documents. The documents are marked as Ex.A1 to Ex.A10. Ex.A1 is the Xerox copy of vehicle check report dated 20.09.2007 issued by Motor Vehicles Inspector, Koratla. Ex.A2 is the letter dated 27.09.2007 addressed to the District Transport Officer, Karimnagar by Sri. K. Ramulu, M.L.A. Metpalli, Ex.A3 is the letter dated 25.09.2007 addressed to the District Transport Officer, Karimnagar by the opposite party. Ex.A4 is the letter dated 05.11.2007 addressed to the District Collector, Karimnagar by the complainant. Ex.A5 is the receipt bearing no.5706 dated 05.11.2007 issued by the Public Grievance Redressal Center, Office of the District Collector, Karimnagar. Ex.A6 is the release order dated 01.12.2007 issued by Deputy Transport Commissioner & Secretary, Regional Transport Authority, Karimnagar. Ex.A7 is the original receipt bearing no.50852 dated 01.12.2007 issued by Deputy Transport Commissioner & Secretary, Regional Transport Authority, Karimnagar in favour of the complainant for Rs.2,625/-. Ex.A8 is the Xerox copy of Bankers Cheque bearing no.700123 dated 30.11.2007 for Rs.25,830/- issued by State Bank of Hyderabad (CC) Karimnagar. Ex.A9 is the Xerox copy of letter addressed to the Secretary, Regional Transport Authority, Karimnagar by the complainant. Ex.A10 is the Xerox copy of tax payment statement dated 30.11.2007 issued by office of the Deputy Transport Commissioner & Secretary, Regional Transport Authority, Karimnagar.

 

6.       The complainant purchased the auto from the opposite party on 24.04.2007.The opposite party has not disclosed the fact of non-payment of Road Tax from 31-12-2003 at the time of sale of the Auto to the complainant. Thereafter the complainant was made to pay the said road tax of Rs25,830/- and compounding fee of Rs.2,625/-. Ex.A8, Banker’s cheque for Rs.25,830/- and Ex.A7 receipt dated 01.12.2007 for Rs.2,625/- issued by the office of DTC, Karimnagar show that the amount was paid by the complainant. The complainant made a claim for reimbursement of the said amount paid by him to the DTC, Karimnagar.   The complainant having made the claim and being unable to draw any response to his claim from the opposite party, approached local MLA Sri Kommireddi Ramulu and the District Collector, Karimnagar vide Ex.A9 letter whose request under Ex.A2 proved futile. The opposite party has addressed letter Ex.A3 to the DTC, Karimnagar requesting for waiver of the road tax in respect of the Auto as it was purchased by the Superintendent of Police under rehabilitation plan. However, the opposite party has not taken any steps, when there was no response to their notice from the office of the Deputy Transport Commissioner, Karimnagar.

 

7.       The Motor Vehicle Inspector, Koratla, issued Vehicle Check Report Ex.A1advising the complainant to get release order from R.T.A. Karimnagar for release of the vehicle. After being seized it was kept for its safe custody, at the Police Station, Metpalli. Deputy Transport Commissioner & Secretary, Regional Transport Authority, Karimnagar issued Ex.A6 release order requesting the Station House Officer, Police Station, Medipalli to release the Auto from detention since the owner has paid Tax Rs.8880/- and penalty Rs.16,950/- and the offence against the complainant was compounded for Rs.2,625/- vide challan dated 30.11.2007 and also the amount was realized. 

 

8. It is the obligation of the opposite party to pay all the taxes in respect of the auto before selling it to the complainant. The opposite party has not disclosed about it to the complainant nor did it pay the road tax pertaining to the Auto till the date of the sale and this fact, in our opinion constitutes deficiency in service. Therefore, the opposite party is liable to pay Rs.28,455/- to the complainant which was paid by the complainant towards Road Tax and compounding fee and Rs.5,000/- towards compensation for the mental agony the complainant experienced from the time  the auto was seized by the Motor Vehicle Inspector, Koratla and detained in the Police Station, Medipalli until it was released by  the order of the Deputy Transport Commissioner, Karimnagar.

 

9.       In the result, the complaint is partly allowed directing the opposite party to pay Rs. 28,455/- towards Road Tax and compounding fee, Rs.5,000/- towards compensation and costs of Rs.1,000/- within a period of one month from the date of receipt of this order. 

 

Dictated to Computer Operator and after correction pronounced by us in the open court on this the 13^th day of March, 2008.

 

FOR COMPLAINANT:

Ex.A1 is the Xerox copy of vehicle check report dated 20.09.2007 issued by Motor Vehicles Inspector, Koratla.

 

Ex.A2 is the letter dated 27.09.2007 addressed to the District Transport Officer, Karimnagar by Sri. K. Ramulu, M.L.A. Metpalli.

 

Ex.A3 is the letter dated 25.09.2007 addressed to the District Transport Officer, Karimnagar by the opposite party.

 

Ex.A4 is the letter dated 05.11.2007 addressed to the District Collector, Karimnagar by the complainant.

 

Ex.A5 is the receipt bearing no.5706 dated 05.11.2007. 

 

Ex.A6 is the release order dated 01.12.2007 issued by Deputy Transport Commissioner & Secretary, Regional Transport Authority, Karimnagar.

Ex.A7 is the original receipt bearing no.50852 dated 01.12.2007 issued by Deputy Transport Commissioner & Secretary, Regional Transport Authority, Karimnagar.

 

Ex.A8 is the Xerox copy of Bankers Cheque bearing no.700123 dated 30.11.2007 for Rs.25,830/- issued by State Bank of Hyderabad (CC) Karimnagar.

 

Ex.A9 is the Xerox copy of letter addressed to the Secretary, Regional Transport Authority, Karimnagar by the complainant. 

 

Ex.A10 is the Xerox copy of tax payment statement dated 30.11.2007 issued by office of the Deputy Transport Commissioner & Secretary, Regional Transport Authority, Karimnagar.

 

FOR OPPOSITE PARTY:        -NIL-

 

 

   Sd/-                                                                                                                 Sd/-