By. Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of the Consumer Protection Act for an Order directing the opposite party to pay a sum of Rs.18,300/- towards cost incurred by the complainant by way of rented out the vehicle and to pay a sum of Rs.8,000/- towards compensation and Rs.3,000/- towards mental agony and cost of the proceedings.
2. Brief of the complaint:- The complainant had purchased a motor vehicle of the make Hyundai and Model i20 in the month of June 2013 and applied for registration of the same vehicle on 25.07.2014 and towards the onetime tax he has paid a sum of Rs.50,219/- and paid CESS of a sum of Rs.100/- and fee of Rs.200/- to the opposite party and obtained receipt for the same. At the time of registering the vehicle the opposite party assured that the registration certificate of the vehicle will be send to the complainant by registered post within a month. The complainant was waiting for the same for so many days and thereafter several times, the complainant approached the opposite party directly to get the same. But did not get the Registration Certificate. The complainant could not use his vehicle but had to hire vehicle from outside by paying huge rent for his day today affairs. The non-issuing of Registration Certificate is a deficiency of service from the part of opposite party and hence this complaint.
3. On receipt of complaint notice was issued to opposite party and opposite party appeared before the Forum and filed version. In the version, opposite party stated that the vehicle KL 12 J 5464 is registered in the name of Shri. O. K. Moideen, Arshida Manzil, Paralikunnu Post, Wayanad on 25.07.2014. The purchase value of the vehicle is Rs.7,18,763/- and he has to remit an amount of Rs.57,501/- towards tax at the rate of 8% of the purchase value. But he has remitted only an amount of Rs.50,217/- and he has to pay Rs.7,290/- as balance tax in respect of the vehicle. The opposite party had requested to the complainant by telephone to remit the amount, but till this day, he has no paid the balance tax. The RC book will be issued on remittance of balance tax of Rs.7,290/-.
4. On perusal of complaint and version, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite party?
2. Relief and Cost.
5. Point No.1:- The complainant filed proof affidavit and he is examined as PW1 and Ext.A1 and A2 marked. The opposite party did not adduce any evidence. As per Ext.A1, it is seen that for the purpose of Registration of the above vehicle bearing Engine No.D4FCDU332596, Chassis No.MALBB51RLEM675299E, the total Tax including all the fees is to be paid by the complainant is Rs.50,619/-. Ext.A1 document is issued by opposite party to the complainant for remittance of Rs.50,619/- for registration of the vehicle. On remittance, of the said amount the opposite party inspected the vehicle and informed the complainant that the Registration Certificate will be issued within a month. The complainant waited upto one month and after one month, contacted several times with opposite party. But opposite party did not give the Registration Certificate. In the version, the opposite party stated that the opposite party had telephoned to complainant and requested to remit the balance amount. A phone number is also shown. The complainant denied the telephone information and stated that the mentioned phone No.9847781999 is not his number. The opposite party did not adduce any evidence before the Forum and did not produce any document to show that the opposite party informed the complainant in writing demanding him to remit the balance amount of Rs.7,290/- towards tax and other fees. But opposite party kept mum for the whole period and delayed the issuance of Registration Certificate. The opposite party is a government office and the opposite party could have easily demand the balance tax if any in writing from the complainant. But opposite party failed to do it. Absolutely there is no explanation from the part of opposite party why the excess amount arrived. The explanation given by the opposite party in the issue is not convincing. The first remittance of tax is on 25.07.2014. The complaint is filed in the month of October ie on 13.10.2014. So it is evident that there is latches from the side of opposite party in issuing Registration Certificate. So the Forum found wrong calculation of Ext.A1 and even there is any mistake in the calculation, not intimating the complainant in writing and the non-issuance of the Registration Certificate to the complainant is also a deficiency of service from the part of opposite party. The point No.1 is found accordingly.
6. Point No.2:- Since point No.1 is found in favour of complainant, the complainant is entitled to get cost and compensation and opposite party is liable for the same.
In the result, the complaint is partly allowed and the opposite party is directed to issue Registration Certificate of the vehicle KL 12 J 5464 to the complainant after collecting Rs.7,290/- (Rupees Seven Thousand Two Hundred and Ninety) only from the complainant as balance tax or fee if any. The opposite party is also directed to pay Rs.10,000/- (Rupees Ten Thousand) only towards cost incurred by the complainant towards hiring vehicle and Rs.1,000/- (Rupees One Thousand) only as compensation and Rs.1,000/- (Rupees One Thousand) only cost of the proceedings. The opposite party shall comply the order within 30 days from the date of receipt of this Order, failing which the opposite party shall pay 12% interest for the whole amounts thereafter.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 26th day of March 2015.
Date of Filing:13.10.2014.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. O. K. Moideen (affidavit) Complainant.
Witness for the Opposite Party:-
Nil.
Exhibits for the complainant:
A1. Copy of Form TR5(c), Motor Vehicles Department.
A2(1). Trip sheet for Contract Carriage/Tourist Taxi.
A2(2). Trip sheet for Contract Carriage/Tourist Taxi.
A2(3). Trip sheet for Contract Carriage/Tourist Taxi.
Exhibits for the opposite party:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
