Karnataka

Chitradurga

CC/85/2017

G.T. Chandrashekar - Complainant(s)

Versus

Vin Auto, - Opp.Party(s)

P.M. Umapathi,

24 Feb 2018

ORDER

 

COMPLAINT FILED ON:23/08/2017

DISPOSED      ON:24/02/2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

 

C.C.NO: 85/2017

 

DATED: 24^th FEBRUARY 2018

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                                   B.A., LL.B.,

                   SRI.N. THIPPESWAMY        : MEMBER

                          B.A., LL.B.,   

 

……COMPLAINANT/S	G.T. Chandrashekar, S/o Thippaiah, Aged about 60 Years, Retired High School Head Master, R/o Nerlagunte, Challakere Taluk, Chitradurga.   (Represented by Sri. PM. Umapathi, Advocate)
V/S
…..OPPOSITE PARTY	Vin Auto, Represented by its Authorized Signatory, Bheemasamudra Road, Chitradurga.   (Represented by Sri.K.S. Jagannath, Advocate)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OP to refund Rs.23,722/-  with interest at the rate of 12% p.a, Rs.20,000/- towards damages, mental agony and financial loss and Rs.20,000/- towards costs of this proceedings and such other reliefs.  

2.      The brief facts of the case of the above complainant is that, he has purchased TIAGOXA Car from OP.   At the time of purchase of the said car, the complainant has paid registration charges of Rs.71,875/-, annual maintenance charges of Rs.8,837/- and other charges in all a sum of Rs.5,83,809/- on 27.05.2017.  The OP has given discount for Rs.20,000/- to the complainant.  The complainant has produced B-register extract.  As per the said extract, the OP has paid Rs.56,990/- by challan No.CN-7984140 dated 16.06.2017 to RTO, Chitradurga for registration.  But the OP has collected Rs.75,875/- towards registration charges i.e., OP has collected Rs.14,885/- in excess from the complainant and further OP has collected Rs.8,837/- towards annual maintenance charges from the complainant but the same has not been paid to the company and the same was kept with it.  When the complainant took the car for service he came to know that, the OP has collected Rs.14,885/- in excess and Rs.8,837/- in all a sum of Rs.23,722/- from him.  The complainant approached so many times to the OP about the same and asked to refund a sum of Rs.23,722/- which is collected in excess by the OP.  But the OP refused to refund the same, which is a deficiency of service and hence, prayed for allow the complaint.

 3.     After service of notice, OP appeared through Sri. K.S. Jagannath, Advocate and filed version.  According to the OP, the complaint filed by the complainant is not maintainable either in law or on facts and the same is liable to be dismissed in limine.  The allegations made in para 2 of the complaint are admitted and the allegations made in para 3 to 4 are denied as false and the complainant has put to strict proof of the same.  Further, the OP has stated that, the OP has not committed any deficiency of service and not committed any illegal acts.  But the OP has collected an amount from the complainant as per the procedure.  Further, the OP has not collected excess amount from the complainant.  Further it is submitted by the OP that, it has returned the amount of Rs.20,000/- along with interest and another sum of Rs.3,000/- in all a sum of Rs.23,000/- towards discount to the complainant through cheque bearing No.627423 dated 23.06.207.  But the allegations made by the complainant that, the OP has collected Rs.8,837/- towards annual service charges from the complainant.  It is true that, the OP has collected Rs.8,837/- from the complainant and further stated that, the OP has intimated the complainant to come and collect the above amount but, the complainant has not come forward to collect the above said amount from the OP.   Hence, there is no deficiency of service on the part of OP and prays for dismissal of the complaint. 

4.      The father of the complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-4 were got marked and closed his side.  OP has not filed any affidavit and not examined any witness before this Forum.

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

 

1. Whether the complainant proves that, OP has committed deficiency in service in collecting excess amount of Rs.14,885/- towards registration charges and Rs.8,837/- towards annual service charges in all Rs.23,722/- from him entitled for the relief as prayed for?

              (2) What order?

          7.      Our findings on the above points are as follows:-

          Point No.1:- Partly in affirmative.

          Point No.2:- As per final order.

 

REASONS

8.      Point No.1:-  It is not in dispute that, complainant has purchased TIAGOXA Car from OP on 27.05.2017 and paid a sum of Rs.5,83,809/- in total including registration charges of Rs.71,875/-, annual maintenance charges of Rs.8,837/- and other charges.  But, the documents produced by the complainant clearly shows that, the OP has paid Rs.56,990/- to the RTO, Chitradurga for registration.  The OP has collected an amount of Rs.14,885/- in excess towards registration charges from the complainant.  Further, the OP has collected Rs.8,837/- towards annual maintenance charges from the complainant, in all OP has collected Rs.23,722/- in excess from the complainant.  But, the OP has denied that, it has not collected excess amount from the complainant.  But, the OP admits that, it has collected Rs.8,837/- for annual maintenance charges from the complainant.  The complainant has examined himself and relied upon Ex.A-1 to Ex.A-4 documents those documents clearly shows that, the complainant has paid Rs.5,83,809/- to the OP including registration and annual maintenance charges.  The B-register extract shows that, OP has paid Rs.56,990/- to the RTO, Chitradurga. 

 9.   We have gone through the entire documents filed by the complainants and version filed by the OP.  According to the complainant, he has purchased car from the OP on 27.05.2017 and paid a sum of Rs.5,83,809/- including registration and annual maintenance charges.  The complainant asked the OP to return the excess amount collected from him.  As per the documents, it clearly shows that, the OP has collected an amount of Rs.23,722/- in excess from the complainant, which is a deficiency of service.  The OP has not explained in its version why it has collected more amount from the complainant and moreover, the OP has not come forward to give evidence and not produced any documents to disprove the case of the complainant.  Therefore, we come to the conclusion that, there is a deficiency of service on the part of OP.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.    

  10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/s 12 of C.P Act 1986 is partly allowed.

It is ordered that, the OP is hereby directed to pay a sum of Rs.23,722/- to the complainant along with interest @ 9% p.a from 27.05.2017 till realization.

It is further ordered that, the OP is hereby directed to pay Rs.10,000/- towards mental agony and Rs.5,000/- towards cost of the proceedings to the complainant.

It is further ordered that, the OP is hereby directed to comply the above order within 30 days from the date of this order.

 

 (This order is made with the consent of Member after the correction of the draft on 24/02/2018 and it is pronounced in the open Court after our signatures)         

 

                                     

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

 

PW-1:  Complainant by way of affidavit evidence.

 

Witnesses examined on behalf of OPs:

 

-Nil-

 

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Proforma Invoice dated 27.05.2017
02	Ex-A-2:-	Payment details dated 18.05.2017
03	Ex-A-3:-	Receipt dated 24.03.2017
04	Ex.A-4:	B-register extract

 

Documents marked on behalf of OP:

-Nil-

 

MEMBER                                                            PRESIDENT

Rhr**