OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAMRUP,GUWAHATI
C.C.77/2015
Present:-
1)Md.Sahadat Hussain, A.J.S. - President
2)Smti Archana Deka Lahkar - Member
3) Md.Jamatul Islam - Member
Mr.Nayanjyoti Das - Complainant
Mechanical Erection Department ,NTPC Ltd.
Bongaigaon Thermal Power Project
P.O- Salakati(P), Kokrajhar,
Assam-783369
-vs-
1) The Managing Director, - Opp.parties
Honda Siel Cars India Ltd.
Plot No-A1,Sector-40/41,
Surajpur -Kasna Road ,
Greater Noida Industrial Development Area
Dist-Gautam Budh Nagar
Uttar Pradesh-201306
2) The Manager ,Ghosh Brothers Motors Pvt.Ltd.
Spectrum Honda,Guwahati,
N.H-37, Betkuchi,Guwahati,Assam-781034
Appearance-
Ld advocates Mr N.K.Kalita & Mr D.Deka for the complainant and Ld advocate Mr R.Hazarika for the Opp.Party No-1.
Date of oral argument- 06/08/2018
Date of judgment- 23/08/2018
JUDGMENT
This is a complaint u/s 12 of the Consumer Protection Act, 1986.
1. The complaint filed by Mr.Nayanjyoti Das against The Managing Director, Honda Siel Cars India Ltd., Uttar Pradesh and the Manager , Ghosh Brothers Motors Pvt.Ltd., Spectrum Honda,Guwahati was admitted on 01/10/2015 . Opp.Party No-1 contested the case . The case against Opp.Party No-2 is proceeding on exparte vide our order dtd. 18/05/2017. The complainant filed his evidence in affidavit and he is cross-examined by the opp. partry side , but Opp.Party No-1 declined to give evidence . Thereafter, Ld advocate Mr N.K.Kalita filed written argument for the complainant and Ld advocate Mr Rinku Hazarika for Opp.Party No-1, and today , we deliver the judgment , which is as below-
2. The gist of the pleading of the complainant is that after looking an advertisement for discount for corporate employees for purchasing Amaze vehicle through website “http:/www.hondacarindia.com /about/company profile. aspx”, he applied for a car loan before NTPC authority and approached Ghosh Brothers Motors Pvt Ltd ,Guwahati (Opp.Party No-2) with relevant papers for availing such offer but the Opp. Party No-2 refused to give the said discount to him , stating that the said benefit is not available in the model he selected . Then he wrote a letter to Opp.Party No-1 apprising the matter on 24/06/213 , but received no reply from them, but on 24/06/2013 , Opp.Party No-1 sent an email to him furnishing the details of the product which he is willing to purchase and finally he purchased the product ,a vehicle -Amaze 1.5 S.M.T (I-DTEC) from Opp.Party No-2 at a price of Rs.7,09,336/- vide invoice dtd. 03/10/2013 which was registered as AS-01-BG-7153. He purchased the car on the loan sanctioned by NTPC Authority , but Opp.Party No-2 most illegally and arbitrarily charged an extra amount of Rs.5,000/- against the heading logistic charge, which is not a legal one . He then lodged a complaint with Opp.Party No-1 but Opp.Party No-1 replied to him vide email dtd. 26/03/2014 stating that they never authrised Opp.Party No-2 or other dealers to collect the said amount as logistic charge and then he also made several communication with Opp.Party No-2 and asked them to refund the said Rs.5,000/- but they did not comply. So, he prays to this forum for direction to be issued to Opp.Party No-2 to refund said Rs.5,000/- with interest at the rate of 18% and also to pay him Rs.80,000/- as compensation and Rs.10,000/- as cost of the proceeding.
3. After perusing the pleading of Opp.Party No-2 , it is found that by admitting all the versions of the complainant , Opp.Party No-2 states that collecting Rs.5,000/- as handling / logistic charges from the complainant is not an illegal charge but very much genuine in accordance with law in asmuch as after receiving the vehicle from the manufacturer , they have to keep and maintain the vehicles at their own cost, and at the time of trial before the vehicle is sold there is expenditure for fuel apart from providing other services to the customers and they also pays tax on the said amount . Opp.Party No-1 filing W/S clearly states that they did not instructed Opp.Party No-2 to collect extra amount of Rs.5,000/- as logistic charge nor instruct Opp.Party No-2 to collect extra charge on account of registration of the car . They further state that they are not party in the said transaction . Thus , it is crystal clear that Opp.Party No-1 never instructed Opp.Party No-2 to collect the said charges, nor instructed them to collect any amount from the complainant as handling / logistic charge .Hence, collection of Rs.5,000/- in the head handling / logistic charge from the complainant by Opp.Party No-2 at the time of selling the said vehicle is an illegal collection . Accordingly , we declare that the said collection is illegal collection which amounts to unfair trade practice . Therefore , Opp.Party No-2 is liable to refund the said amount of Rs.5,000/- to the complainant with interest @ 12 % per annum from the date of sale and also to pay him Rs.3,000/- as compensation for causing harassment to him as well as Rs.5,000/- as cost of proceeding .
4. Because of what has been discussed as above , we hold that the complainant has sufficient cause of action against Opp.Party No-2 which he has succeeded to prove . Accordingly , the complaint against Opp.Party No-1 is dismissed on contest but against Opp.Party No-2 (the Manager ,Ghosh Brothers Motors Pvt.Ltd., Spectrum Honda,Guwahati ) is allowed on exparte and Opp.Party No-2 is directed to refund Rs.5,000/- to the complainant which they had collected from the complainant under the heading handling /logistic charge at the time of selling the concerned vehicle to him with interest @ 12 % per annum from the date of sale (05/10/2013 ) and to pay him Rs.3,000/- as compensation for causing harassment to him as well as Rs.5,000/- as cost of proceeding . They are directed to pay the amounts within 45 days , in default, other amounts shall also carry interest at the same rate.
Given under our hands and seals today on this 23rd August ,2018.
(Smt Archana Deka Lahkar) (Md.Jamatul Islam) (Md.Sahadat Hussain)
Member Member President
