Orissa

Cuttak

CC/41/2018

Braja Kishore Biswal - Complainant(s)

Versus

The MAnaging Director,Sky Automobiles - Opp.Party(s)

S Mahunta

18 Dec 2019

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.41/2018

Brajakishore Biswal,

At:Jodabar,PO:Jajpur Road,

Dist:Jajpur.                                                                                    .… Complainant.

 

Vrs.

1.        The Managing Director,

Sky Automobile,

At/PO: Bhanpur,N.H-5,Dist:Cuttack.

 

2.        The General Manager,

Sky Automobile,

At/PO:Bhanpur,N.H-5,Dist:Cuttack.… Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    07.04.2018

Date of Order:  18.12.2019

 

For the complainant  :         Mr. Srikanta Mahunta,Adv. & Associates.

For the O.Ps.1 & 2       :        Mr. S.C.Das,Adv. & Associates.

 

Smt. Sarmistha Nath,Member(W).

 

                The complainant has filed this complaint before this Hon’ble Forum against the O.Ps for Redressal of his grievances under the C.P.Act,1986(Act in short) in terms of his prayer made in the complaint petition alleging deficiency in service provided and unfair trade practice adopted by O.P.

1. The case of the complainant in brief is that on 10.11.2017 complainant purchased a BREZZAZDI+Dual Car from O.Ps and deposited the total amount as per the estimate given by the O.P No.1.  The O.Ps requested to deposit the total amount as required for on road price including all charges for delivery of vehicle and the complainant had also transferred  the entire amount of Rs.11,38,283/- (eleven lakh thirty-eight thousand and two hundred thirty eight) through the net banking on 16.11.17 and took delivery of the vehicle on 17.11.17.

The complainant has paid the entire money as indicated in the estimate letter; the O.Ps has received all the amount including insurance fees, registration fees, auto card, extended warranty and SMGA total on road price Rs.11,28,238/- and the same has been paid by the complainant before the delivery of vehicle.The copy of the estimate is filed as Annexure-1.

After delivery of the vehicle, the complainant came to know that the registration fees has not been deposited by O.P. before the competent authority for whichR.C. book was not issued in the name of complainant.The O.Ps have received Rs.54,801/-(Rupees fifty-four thousand eight hundred and one) towards registration fees at the time of delivery of vehicle the O.Ps did not deposit the same before the competent authority.

From the invoice issued by the O.Ps, it is clearly shown that the amount for extended warranty of Rs.19,765/- has been deposited on 17.11.17 but deliberately O.Ps have not deposited the registration fees of Rs.54,801/-.Asper the dealings of the O.Ps they should have deposit the money before the registration authority within one day or two days after delivery of vehicle but in this instant case they have only deposited the extended warranty fees and have not deposited the registration fees before the authority for issuance of R.C.Book.The copy of invoice dt.17.1.17 is filed as Annexure-2.

The complainant has contacted several times to the O.Ps but no action was taken by them for which he became terribly socked which leads to his mental agony.So he has sent a legal notice dt.30.12.17 to the O.Ps ventilating his grievances.The legal notice served on the O.P. is received by them on 11.1.2018 and the O.Ps have also given the reply on 29.1.18.Copy of the legal notice and reply are filed as Annexure-3 & 4 respectively.

The O.Ps have not deposit the money before the Registering authority which amounts to not only unfair trade practice but also deficiency in service on the part of O.Ps.

The complainant has prayed to direct the O.Ps to deposit the amount of Rs.54,801/- with interest before the registering authority and issue the R.C.Book in the name of complainant and pay compensation to the tune of Rs.6,00,000/- (Rupees six lakhs) only for mental agony, harassment, monetary loss, and litigation charges of Rs.3,00,000/-only.

2. The O.Ps filed their written version.  The O.Ps have stated that the complainant purchased the vehicle in question from the O.ps.  The complainant after inquiry about the price list of the case, vehicle and receiving of quotation from the O.Ps with ancillary cost towards purchase of case vehicle being satisfied and agreed with sale price purchased the case vehicle by paying such amount.

The complainant has added accessories worth of Rs.14,567/- in his case vehicle at the time of delivery and the deficiency amount of Rs.14,567/- has not been paid on the date of delivery of the vehicle, which is suppressed by the complainant in the complaint for which the O.Ps are debarred to deposit the registration fees before the concerned RTO for registration of this vehicle in question.In the mean time there was a Govt. notification issued by the Commerce and Transport Department vide letter No.7859 dt.24.11.17 and Gazette Notification dt.21.11.17 containing that the vase vehicle comes under the category of 10% enhancement and other taxes as per the Govt. Gazette Notification, for which the complainant is required to pay Rs.1,05,852/- as on 21.11.17 though the vehicle in question was delivered on 17.11.17. The complainant has paid Rs.10,000/- on 27.11.17 and also paid an amount of Rs.4,567/- on 30.11.17 to the O.Ps towards balance amount of Rs.14,567/-.

The O.ps then demanded the additional registration amount of Rs.5105/- as per the Govt. Gazette Notification of Commerce and Transport Department.But the complainant did not turn up to deposit the deficit registration fees and road tax for which the vehicle could not be registered before the concerned RTO due to latches on the part of complainant as he is a defaulter in payment.So he is not a consumer under the O.Ps as he has not deposited the required registration fees as per the Govt. Notification.On 30.12.17 the complainant served the demand notice upon the O.Ps through his counsel and the O.Ps on 29.1.18 gave their reply stating therein that due to Govt. notification, road tax has been increased for which the complainant is required to comply said statutory duty.But the complainant did not deposit the additional road tax as required by the Govt. notification for which the O.Ps could not get the vehicle registered before the concerned RTO due to the default of the complainant.

It is the duty of the complainant to deposit required govt. registration fees and road taxes before plying the vehicle on road.But in the instant case, in spite of several request made by the O.ps the complainant did not turn up to deposit the required fees and filed the present complaint in order to harass the O.Ps.

The O.Ps have requested several times to the complainant for deposit of additional road tax but he did not come forward to comply the same.

The O.Ps have further stated that due to latches of complainant the vehicle is not registered with the R.T.O , so unfair trade practice, deficiency in service on the part of O.Ps does not arises and the complaint petition devoid of any merit is liable to be dismissed against the O.Ps.

3. We have heard from the advocates of the parties, went through the documents and papers filed by respective parties.  Admittedly the complainant purchased the vehicle and paid the total on road price as per the proforma invoice under Annexure-1 which includes registration fee of Rs.54,801.00 as issued by the O.P. and the entire amount including the registration fee was paid by complainant on 16.1.2017 and the delivery of the vehicle was given on 17.11.2017.

The learned counsel for the complainant submitted that it is the negligence of the O.Ps that they did not deposit the registration fee with the registering authority on the same day or the next day which attributes to their negligence.Per contra, the counsel for the O.Ps contended that the Govt. of Odisha in Commerce and Transport Department issued letter dt.24.11.2017 and Gazette notification dt.21.11.2017 containing that the vehicle in question comes under the category of 10% enhancement and the complainant is required to pay an excess amount but the complainant did not turn up to deposit the enhanced amount.But the stand taken by O.P is not substantiated and the implementation of the amended provisions of the Odisha Motor Vehicle Taxation Act,2017 was implemented from the date of gazette notification i.e. from 24.11.2017 not retrospectively.As the complainant has paid the registration amount on 16.11.2017, the O.Ps have failed to deposit the same in time which amounts to deficiency in service and unfair trade practice on the part of the O.Ps and they are liable for the same jointly and severally.

                                                                                ORDER

The case of the complainant is allowed against the O.Ps and O.Ps are directed to deposit the registration fee received from the complainant before the registering authority along with interest and pay Rs.1,00,000/-(Rupees one lakh ) only towards compensation and litigation cost of Rs.10,000/-(Rupees ten thousand)only to the complainant within a period of 45 days from the date of receipt of copy of this order.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 18^th   day of December,2019  under the seal and signature of this Forum.

  ( Smt. Sarmistha Nath )

                        Member (W)                                                                                                                                                                                                                                                                                                                                        (Sri D.C.Barik)

                                                                                                              President