DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVALLUR

 

 BEFORE  TMT. Dr.S.M. LATHA MAHESWARI, M.A.,M.L, Ph.D (Law)                             .…. PRESIDENT

                  THIRU.J.JAYASHANKAR., B.A., B.L.,                                                                     ....MEMBER-I

                  THIRU.P.MURUGAN,  M.COM.,ICWA (Inter),B.L.,                                           ......MEMBER-II

 

CC. No.128/2022

THIS WEDNESDAY, THE 19th DAY OF OCTOBER 2022

 

Mr.G.Prathap, S/o.Govindarajan,

No.44, Savega Street,

Jayakondam, Udayarpalayam Taluk,

Ariyalur District.                                                                                ……Complainant.  

                                                                                 //Vs//

The Manager,

JMB Motors,

No.94, New Avadi Road,

Kilpauk, Chennai – 600 010.                                                          …..opposite party.

 

Counsel for the complainant                        :   M/s.D.Lakshmipathy, Advocate.

Counsel for the opposite party                    :   exparte 

                         

This complaint is coming before us on various dates and finally on 03.10.2022 in the presence of M/s.D.Lakshmipathy counsel for the complainant and the opposite party was set exparte for non appearance and upon perusing the documents and evidences of the complainant this Commission delivered the following: 

ORDER

PRONOUNCED BY TMT. S.M. LATHA MAHESWARI, PRESIDENT

 

   This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act, 19686 alleging deficiency in service against the opposite party for having an extra amount of Rs.47,000/- from the complainant in the purchase of two wheeler along with a prayer to pay a sum of Rs.15,77,000/- in total towards compensation for the mental agony and hardships to the complainant due to the deficiency in service on the part of the opposite party.

 Summary of facts culminating into complaint:-

The complainant approached the opposite party on 27.02.2018 for purchase a new two wheeler KAWASAKI Z900 and the same was purchased with Chassis No.JKAZR00BBDA30415 and Engine No.ZR900BE033108 for a total sale price of Rs.8,85,116/-.  The complainant made advance payment of Rs.1,00,000/- on 17.03.2018 and the balance amount of Rs.7,85,116/- was paid on 28.03.2018.  Though the entire amount was received by the opposite party on 28.03.2018 they failed to deliver the vehicle and also failed to issue any receipt for the payment.  After much efforts the vehicle was delivered on 14.05.2018 with Chassis No.JKAZR00BBDA30415 and Engine No.ZR900BE033108.  On that day the opposite party issued a bill for Rs.47,000/- which includes Road tax and Registration charges of Rs.32,000/- and handling charges of Rs.15,000/-.  The complainant made an RTI application to the RTO, Chennai and received a reply dated 04.06.2018 which clearly reveals that the temperory registration charges was Rs.100/- and service charges was Rs.40/-.  The two wheeler was temporarily registered with registration No.TN 01 TAM 12998 and the tax paid was Rs.1229 along with the registration and service charges of Rs.140/-.  The RTO totally charged a sum of Rs.1369/- from the opposite party for temporary registration of the vehicle but the opposite party issued a bill dated 14.05.2018 and charged a sum of Rs.32,000/- for Road Tax and Rs.15,000/- for handling charges which was a clear cheating and deficiency in service.  Thus aggrieved the present complaint was filed after issuance of legal notice dated 22.08.2018 for the relief as mentioned above;

 On the side of complainant proof affidavit was filed and submitted documents marked as Ex.A1 to A8. Though the opposite party initially appeared and filed Vakalath through a Advocate did not choose to file any written version for almost three years and hence he was called absent and set exparte on 17.06.2022 for non appearance and for non filing of written version.

Points for consideration:

Whether the allegations levelled against the opposite party by the complainant that he had charged an extra amount of Rs.47,000/- from the complainant towards registration and road tax and thus had committed deficiency in service has been successfully proved by the complainant?

If so to what relief the complainant is entitled?

  Point:1

The following documents were filed on the side of complainant in support of his contentions;

Proforma Invoice issued by the opposite party in the name of complainant dated 27.02.2018 was marked as Ex.A1;

Proforma Invoice issued by the opposite party in the name of complainant dated 27.03.2018 was marked as Ex.A2;

Payment receipt issued by the opposite party in the name of complainant dated 28.03.2018 was marked as Ex.A3;

 Delivery Challan issued by the opposite party dated 14.05.2018 was marked as Ex.A4;

Debit Note bill issued by the opposite party dated 14.05.2018 was marked as Ex.A5;

Information received under RTI in Na.Ka.No.35081/D1/2018 dated 04.06.2018 was marked as Ex.A6;

Legal notice issued by the complainant to the opposite party dated 22.08.2018 was marked as Ex.A7;

Legal notice issued by the complainant to the opposite party dated 29.10.2018 was marked as Ex.A8;

The commission perused the pleadings, written and oral arguments adduced on the side of the complainant.  It was the clear case of the complainant that he had purchased two wheeler KAWASAKI Z900 with Chassis No.JKAZR00BBDA30415 and Engine No.ZR900BE033108 for a total sale price of Rs.8,85,116/- from the opposite party and though the entire amount was paid on 28.03.2018 the vehicle was given delivery only on 14.05.2018 and on that day the opposite party claimed a sum of Rs.47,000/- from the complainant which was duly paid by him.  On enquiry with the RTO by way of RTI Application the complainant came to know that only a sum of Rs.1369/- was charged from the opposite party by the RTO.  Thus alleging deficiency in service in delivering the vehicle after two months of entire payment and charging extra amount of Rs.47,000/-, the present complaint was filed for the extra amount to be refunded by the opposite party along with compensation.

Ex.A1 is the quotation issued by the opposite party for the complainant towards purchase of the vehicle for a total sum of Rs.8,85,116/- dated 27.02.2018.  As per Ex.A3 the complainant had been paid the entire amount of Rs.8,85,116/- and Ex.A4 dated 14.05.2018 the Delivery Challan was filed by the complainant to show that the vehicle was delivered after a period of 48 days from receiving the entire amount towards the vehicle. Ex.A5 is the Debit note issued on 14.05.2018 by the opposite party shows that the Road Tax and Registration charges paid towards the vehicle was Rs.32,000/- and handling charges for the same was Rs.15,000/- apart from the insurance and RSA charges.  The complainant not satisfied with the charges received by the opposite party had applied through RTI to the RTO to know the exact charges that has been paid by the opposite party.  The reply given by the RTO vide Ex.A6 shows that the total amount spent towards the temporary Registration of the complainant’s vehicle amounts to Rs.1369/- only.  Further as per the Delivery Challan issued by the opposite party it was admitted that a total sum of Rs.9,18,000/-was received from the complainant towards purchase of the vehicle.  As per Ex.A2 the temporary Registration fees, RTO Charges, Registration & Fees, handing Transportation,  RSA-2years , Miscellaneous GST 18% was also received from the complainant. However vide Ex.A5 it was seen that a sum of Rs.47,000/- has been charged for Road Tax and Registration and handling charges against the actual amount received from the opposite party by the RTO i.e., Rs.1369/-. Thus the complainant’s allegation that extra amount of Rs.47,000/- was received from the complainant was proved by available admissible evidence.  It was also admitted by the complainant that out of total amount of Rs.9,18,000/- paid by the complainant,  a sum of Rs.44,496/- was repaid by way of cheque on 14.05.2018 when the vehicle was delivered.  Hence the contention of the complainant that still a sum of Rs.47,000/- i.e. collected from the complainant towards Registration and Road Tax charges along with handling charges was with the opposite party, we are of the view that the same has to be refunded to the complainant.  Thus we answer the point holding that the opposite party had committed deficiency in service by collecting extra amount towards the temporary registration of the vehicle and thus we answer the point accordingly.

 

 

Point No.2:

With regard to the relief to be granted to the complainant as we have held above that the opposite party had committed deficiency in service we direct the opposite party to refund a sum of Rs.47,000/-, the extra amount collected from the complainant. Further we also award Rs.10,000/- as compensation for the deficiency in service committed by the opposite party which caused huge mental agony and hardship to the complainant.  We also award Rs.5,000/- as cost of the proceedings to the complainant.  Thus we answer the point accordingly.

In the result, the complaint is partly allowed directing the opposite party

a) To refund a sum of Rs.47,000/- (Rupees forty seven thousand only) to the complainant within six weeks from the date of receipt of copy of this order; 

b) To pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for the mental agony caused to the complainant

c)  To pay a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses to the complainant.

d) Amount in clause (a) if not paid within six weeks from the date of receipt of copy of this order, interest at the rate of 6% will be levied on the said amount from date of complaint till realization. 

 Dictated by the President to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 19th day of October 2022.

 

       Sd/-                                                         Sd/-                                                Sd/-

      MEMBER-II                                       MEMBER I                                    PRESIDENT

 

List of document filed by the complainant:-

 

Ex.A1 27.02.2018 Quotation issued by the opposite party. Xerox

Ex.A2 27.03.2018 Proforma invoice issued by the opposite party. Xerox

Ex.A3 28.03.2018 Payment receipt issued by the opposite party. Xerox

Ex.A4 14.05.2018 Delivery Challan issued by the opposite party. Xerox

Ex.A5 14.05.2018 Debit Note Bill issued by the opposit party. Xerox

Ex.A6 04.06.2018 Information received under RTI in Na.Ka.No.35081/D1/2018. Xerox

Ex.A7 22.08.2018 Legal notice issued by the complainant to the opposite party. Xerox

Ex.A8 29.10.2018 Legal notice issued by the complainant to the opposite party. Xerox

 

List of documents filed by the opposite party;

 

 

Nil

 

 

   Sd/-                                                         Sd/-                                                  Sd/-

MEMBER-II                                          MEMBER I                                     PRESIDENT