DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
Dated the 31st day of August 2020
C.D. Case No. 13 of 2018
Sri Pritam Kumar Dani, age-27 year,
S/O-Sri Rabindra Prasad Dani
At-Jagannathpada P.O./P.S.-Jamankira
Dist-Sambalpur ……….. complainant
Versus
01-The Manager ,
“Jyoti Motors” Pvt.Ltd. Balasore,
Plot no-359, N.H.-5,
At-Ganeswarpur, P.O-Januganj Via-Remuna
P.S-Industrial P.S. Dist-Balasore.
02- The Manager ,
“Jyoti Motors”Pvt.Ltd. Bhadrak.
At/P.O-Motel Chaka, P.S. Bhadtak
Dist-Bhadrak… ………………Opposite Parties
For Complainant - Sri Gadadhar Bal ,Advocate & Others
For OPs - Sri Sibaprasad Mohanty,Advocate & Others
Date of Hearing -11.03.2019
Date of Order - 31.08.2020
RAGHUNATH KAR, PRESIDENT
This dispute arises out of the complaint filed by the complainant alleging deficiency in service and unfair trade practice against the O.Ps.
The brief facts of this complaint are to the effect that the O.Ps. are the dealer & sub dealer of the MARUTI SUZUKI four wheelers sales and service centers and entrusted to sale new cars of MARUTI SUZUKI Company & to provide service to their customers . The complainant purchased a MARUTI ERTIGA ZXI, silky Silver Car from the show room of O.P.no-2. O.P.no-2 assured that he is the sub dealer of O.P.no-1 & as per the terms and condition as fixed by the O.P.no-1 he will deliver the above car at his residence which is situated above 400 k.m.away from the show room of the O.Ps. ,. Accordingly the O.Ps. supplied the quotation (proforma invoice) on dt.16.11.2017 where in ex-showroom cost of the vehicle was Rs.9,04,293(rupees nine lakh four hundred two hundred ninety three only) , the registration & road tax shown as Rs,49,488/-(rupees forty nine thousand four hundred eighty eight only), insurance cost is Rs,30,524/-(rupees thirty thousand five hundred & twenty four only), cost of the handling charges is Rs,472 (rupees four hundred seventy two only) & accessories cost of Rs.5,000/-(rupees five thousand only ) & discount for consumer + rural is Rs,11,100/-(rupees eleven thousand one hundred only) & total cost of the car is Rs,9,93,556 /-(Rupees nine lakh ninety three thousand & five hundred fifty six only) .The O.P.no-1 also assured that after payment of the total cost of the car as mention above ,they would deliver the car on the same day & after 15 days from delivery of the car ,they would supply the ownership documents from the R.T.A. According to the quotation (proforma invoice) ,the complainant paid the total cost of Rs,9,93,556 /-(rupees nine lakh ninety three thousand & five hundred fifty six only) on dt.18.11.2017 & the O.P.no-1 also issued the money receipt to that effect .O.P. no-1 also delivered the car on the same day as per the delivery challan . The O.P.no-1 also demanded Rs.12, 991.80p (rupees twelve thousand nine hundred ninety-one & eighty paisa only) towards the tax invoice cum certificate of extended warranty registration. Accordingly the car delivered to the complainant & the O.P.no-1 assured to register the car before the R.T.A. Bhubaneswar (1) on their own risk & responsibility & to hand over the registration certificate . They also advised to produce the car physically on the said date for the purpose of verification by the R.T.A. Bhubaneswar & no further amount is to be demanded for any purpose. As per the assurance , the car delivered by the O.P.no-1 on dt.18.11.2017 & as per their advise complainant taken the car to the office of R.T.A. Bhubaneswar on dt.4.12.2017.But unfortunately the O.P.no-1 again demanded Rs.27128(rupees twenty seven thousand one hundred & twenty eight only) again towards hike of tax by the state govt. As such theO.P.no-1 compelled the complainant to pay the afore said amount. O.Ps denied that it would not possible on their part for registration of the vehicle without payment of the hiked tax. But the complainant has already paid the total amount as per their proforma invoice on dt.18.11.2017 & the increase tax has came into force after 7 days from the delivery of the vehicle & it is the primery duty of the O.Ps. to submit the required sale documents on the next day of delivery .So it is no fault on his part, but the delay has been caused by the O.Ps. to submit the required documents before the R.T.A.Bhubaneswar by the O.P.no-1.So the complainant is no way liable to pay the increased amount of tax, but they have failed to submit the sale documents in time. However the complainant compelled & circumscribed to held up for two days at Bhubaneswor by spending some thousands for stay at Bhubaneswer.The O.Ps. remain silent, as such the complainant is compelled & circumscribed to pay the excess amount of Rs.27128 /- (rupees twenty seven thousand one hundred & twenty eight only) for registration before the R.T.A.Bhubaneswar vide regd no-OR2AQ 8411. The complainant alleged that the O.Ps. Committed unfair trade practice. As such the complaint filed this case seeking direction to the against O.Ps. to give direction to return back the excess amount of Rs.27128 /-(rupees twenty seven thousand one hundred & twenty eight only),which has been taken after receiving the final amount towards delivery of the his car & the O.Ps. also again be directed to pay of Rs -30,000/-(rupees thirty thousand only) towards expenses of the fuel & hotel charges to go Bhubaneswar and to meet the O.Ps. time and again. O.Ps be further directed to pay of Rs-50,000/-towards the unfair trade practice & deficiency of service & Rs.50,000/- towards mental and physical agony & towards cost of the complaint.
The O.P. no.1 & 2 jointly filed w/v challenging the maintainability of the dispute on the ground that, the complainant is not a consumer within the ambit & scope of Consumer laws . There is no cause of action arose for this Consumer dispute & by suppressing the real facts this case has been filed. The O.Ps also denied all the allegations made by the complainant. O.Ps stated that the complt. requested them for registration of the purchased Car at Bhubaneswor & as a measure diligent service & a gesture of goodwill & more importantly without charging any fees agreed to provide service .The enhencement of taxes is a matter which is beyond control of the O.Ps..It is a State or Central Govt affair . There is specific laid down procedure to deposit such Taxesand enhanced taxes . There is no other way to deposit such taxes other than the ways specified in the Rules. The Tax or enhanced Tax is to be deposited online in the Website of “Ministry of Road Transport & Highways” .Due to change in Tax Structure the online website were restricted, for which it was in a suspended animation for which though the O.Ps. have tried for umpteenth time to deposit taxes online since dt.18.11.2017 but O.Ps were only able to deposit online, as and when the website reopened on dt.23.11.2017 .The deposited amount towards tax is going to the account of Govt.not to them & the O.Ps are no way benifited in this . Just as a good will to customers they provide this free service to customers as per their demand. As such the O.Ps. categorically denied about any unfair trade practice or deficiency in providing service to complainant. Hence O.Ps prayed to dismiss the case with exemplary cost .
Undisputedly the complaint has purchased a“MARUTI SUZUKI” four wheeler from the O.Ps. & the O.Ps. are the dealer and sub dealer for sales and service andselling new cars of MARUTI SUZUKI Company. It appears that the permanent residence of the Comlt.is above 400 k.m.away from the show room of the O.Ps. The O.Ps. have supplied the quotation (proforma invoice) on dt.16.11.2017 where inex-showroomcost of the vehiclewas Rs.9,04,293(rupees nine lakh four hundredtwo hundred ninety three only) , the registration & road tax shown as Rs,49,488/-(rupees forty nine thousand four eight only), insurance cost is Rs,30,524/-(rupees thirty thousand five hundred & twenty four only), cost of the handling charges is Rs,472 (rupees four hundred seventy two only)& accessories cost of Rs.5,000/-(rupees five thousand only ) .In the above amountdiscount for consumer + rural is Rs,11,100/-(rupees eleven thousand one hundred only). The total cost of the car is Rs,9,93,556 /-(rupees nine lakh ninety three thousand & five hundred fifty six only) . According to the quotation (proforma invoice) ,after 15 days from delivery O.Ps will supply the ownership documents from the R.T.A.. Accordingly thecomplainant has paid the total cost of Rs,9,93,556 /-(rupees nine lakh ninty three thousand & five hundred fifty six only) on dt.18.11.2017 & the O.P.no-1 also issued the money receipt to that effect.As per the delivery challan it reavelsthat the disputed car has been delivered to the complainant on the same day & the car has been registered before the R.T.A.Bhubaneswar (1) . As per the advice of O.Ps. the car has been produce physically on the said date only for the purpose of verification by the R.T.A. Bhubaneswar.But on dt when the car has been taken to theR.T.A. Bhubaneswar on dt.4.12.2017 plying above 400 k.m. from the native place of the complainant the O.P.no-1 again demanded Rs.27128(rupees twenty seven thousand one hundred & twenty eight only) towards theincreased amount of taxes by the state govt. As such the said amount has been paid by the complt. in a circumscribe manner .Otherwise it would not possible on his part for registration of the vehicle. The complainant already paid the total amount as per their proforma invoice on dt.18.11.2017 & as to thewritten statement ofO.Ps the increase tax has been came into force after 7 days from the delivery of the vehicle documents produced by O.Ps. Though it is the primary duty of the O.Ps. to submit the required sale documents on the next day of delivery or as soon as possible .But they held up the tax amount taking the plea that the website was restructured. So it is no fault on his part of complainant . The delay has been caused by the O.Ps. to submit the required documents before the R.T.A. Bhubaneswar by the O.P.no-1.It is the primary duty of the O.Ps. to prepare documentsafter sale of the car. Due to unwanted delay by O.Psthe complainant has circumscribeto pay the increased amount of tax of Rs. 27128(rupees twenty seven thousand one hundred & twenty eight only) towards theincreased amount of taxes & compelled to remain inhotel in that night by expensing the thousands of money . The colorful advertisement for alluring the customers and assured to provideattractive service prior to purchase of goods & after sale the dealers are discarding it’s customersby misusing theirpower and capacity leads the O.Ps. to commit the deficiency in service and unfair trade practice towards the valued customers . Inour considered view, the complainant has sufferedwith financial loss as well asmental agony due to the fault of O.Ps . As such the O.Ps. areto be compensatedjointly & severally . Hence it is order;
O R D E R
The complaint be and the same is allowed on contest against O.Ps. . The O.Ps are directed to fefund a sum of Rs.27128(rupees twenty seven thousand one hundred & twenty eight only) to the complainant towards the excess amount as deposited by the complainant before R.T.A. Bhubaneswar towards tax & to pay Rs.5000/- towards compensation for mental agony & harassment sustained by complainant as well as to pay Rs.1000/- towards the cost of litigation within one month henceforth ,failing which the O.Ps. have to pay interest on the aforesaid amount @ of 9% per annum from the date of order till the date of payment.
This order is pronounced in the open Forum on this the 31th day of August 2020 under my hand and seal of the Forum.
