DIST. CONSUMER DISPUTES REDRESSAL COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. NO.  497/2018

Date of Filing:                                    Date of Admission                             Date of Disposal:

31.12.2018                                     15.01.2019                                02.12.2021          

P R E S E N T       :-     Smt. Sukla Sengupta……………..…...President.

          :-       Smt. Monisha Shaw …………………. Member.

          :-       Shri Susmit Hrishikesh Bhattacharya…….Member.

JUDGMENT

          This Complaint is filed by the Complainant under section 12 of the Consumer Protection Act., 1986 (as amended up to date) alleging deficiency in service as well as unfair trade practice against the OPs as the OPs did not take any step to redress his grievance till filing of the Complaint.

The brief fact of the complaint is that the Complainant is SMT. RITA BHATTACHARJEE, wife of Late Motilal Bhattacharya, residing at Plot No. 206, Sainik Nagar Co-operative Housing Society, P.O. – Jagannathpur, P.S. Barasat, Kolkata – 700 126, District – North 24 Parganas.

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C.C. NO.  497/2018

The Opposite Parties are (i) R D MOTORS PRIVATE LIMITED, Office at H. No. 116F, 149, B. T. Road, P.O. Kamarhati, P.S. Belghoria, Kolkata - 700 058, District – North 24 Parganas, (ii) THE BRANCH MANAGER, R D MOTORS PRIVATE LIMITED, Office at H. No. 116F, 149, B. T. Road, P.O. Kamarhati, P.S. Belghoria, Kolkata - 700 058, District – North 24 Parganas, (iii) The BRANCH MANAGER, Service Centre, Tata Motors, Office at 108F, Nilgunge Road, P.O. Kamarhati, P.S. Belghoria, Kolkata - 700 058, District – North 24 Parganas.

The Complainant stated that she purchased a new car after exchanging her old NANO CX car and wanted to purchase TATA TIAGO XE car from R D MOTORS PRIVATE LIMITED i.e. the O.P. No. 1. The Complainant booked a TATA TIAGO XE car having colour x-blue on 05/08/2017 by booking amount of Rs. 1,000/- (one thousand only) and the O.P. No. 1 received the said booking amount. The total monetary transaction of the said purchased car with permanent registration charges and car insurance amounts to Rs. 4,50,581/- (four lakhs fifty thousand five hundred and eighty one only). The money receipt dated 31/08/2017 and 29/09/2017 and Tax Invoice dated 31/08/2017 which is annexed ‘B’ in the complaint.

The Complainant also stated that the debit note No. RDM/D/532/1718, Reference No. RD/G/0189/17-18 dated 23/10/2017issued by R D MOTORS PRIVATE LIMITED i.e. the O.P. No. 1 and the O.P. No. 1 received from the Complainant an amount of Rs. 33,000/- as permanent registration charges and 17,581/- as car insurance charges. The Complainant requested continuously to get permanent registration No. but the Opposite Parties neglected. The Complainant tried to visit the management of the respected company several times but in vain. The Opposite Parties informed to the Complainant that they are not bound to go for a process in respect of permanent registration number and it is not their responsibility to get the same done, despite the fact that they have taken full payment to the tune of Rs. 33,000/- (thirty three thousand) towards registration charges for permanent registration number of the said newly purchased car.

The Complainant further stated that the OP No. 1 through his authorized agent have already taken an amount of Rs. 17,581/- towards insurance charges for the said purchased car from the Complainant on 23/10/2017 for the period of 26/10/2017 to 25/10/2018 (midnight) which is clearly stated in the cash memo / debit note vide debit note no. RDM/D/532/1718, Reference No. RD/G/0189/17-18 dated 23/10/2017. But after getting the certificate – cum – policy schedule from the National Insurance Company Ltd. the Complainant came to know that the gross premium for the aforesaid insurance is Rs. 10,467/-. So it is clear that the OP No. 1 with malafied intension took the excess amount of Rs. 7,114/- from the Complainant for illegal gain, which is unfair trade practice.

The Complainant got the Permanent Registration Number of her said newly purchased car by payment of penalty of Rs.740 to the RTO, Motor Vehicle Department, North 24 Parganas, Barasat, Government of West Bengal and got the Permanent Registration for her newly purchased car which is WB26AW6609.

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C.C. NO.  497/2018

The Complainant further stated that the Complainant got the Temporary Certificate of Registration from the Motor Vehicle Department of West Bengal on 01/11/2017 where the Registration was valid till 29/11/2017. At the time of purchasing the said car the O P Nos. 1&2 gave assurance to the Complainant to render her the Permanent Registration No. for the said purchased car from the Motor Vehicle Department of W.B. On good faith the Complainant believed the said assurance of the O.P no. 1&2 but after lapse of one month the Complainant noticed that the O.P 1&2  not even taken any proper steps to allot/get the Permanent Registration Number for the said purchased car of the Complainant from the Motor Vehicle  Department of W.B. Without any further delay the Complainant requested the O.Ps specially customer adviser Mr. Ritwik Dey, R D Motors Pvt. Ltd. and his associates and the O.P. No. 2 getting the permanent registration No. for her said purchased car from the Motor Vehicle  Department of W.B as early as possible. But the Opposite Parties did not heed any attention into the said matter. In the meantime, the O.Ps informed the Complainant that she can drive the car on road at any place in India after or before valid period of temporary registration date of the said car. The Complainant being a senior citizen in good faith believed the assurance of the O.Ps. Due to such misguidance by the O.Ps when the Complainant took the said car out passing valid date of temporary registration No. and without having permanent registration number she was detained by police sergeant and was interrogated regarding not having a permanent number plate with valid registered number which resulted into severe mental trauma and such offending incident due to negligence committed by the O.Ps.

The O.P. Mr. Ritwik Dey, also informed the Complainant and his associates that certain offer has been proposed within 31/08/2017 and if she buys within such offer period the Complainant will get 3,000/- deduction in the form of cash-back but the customer adviser Mr. Ritwik Dey misguided the Complainant and made her pay a cheque on a date after the elapsed of the offer date and she asked for the promised / assured cash-back the said adviser handed some scratch cards of the said value which is of no value of the Complainant.

The Complainant also stated that it is the mandatory duty of the dealer to provide ‘power window’ in the front portion of the said car and ‘tray’ (in the dickey) for the said newly purchased car, but inspite of requesting several times by her the O.P. did not provide any power window and tray for newly purchased car. At last the Complainant compelled to purchase the tray. The O.P. with malafied intension did not provide any gift of the puja offer into the hands to the Complainant at the time of purchasing the said car in puja time / festive season. Inspite of giving full premium amount of the car insurance as per direction of the O.P. Nos. 1 and 2 at the time of purchasing the said car the Complainant unable to ply the car in the road for the above reason.

The acts and activities of the Ops are unfair trade practice and gross negligence and deficiency in service towards the Complainant. The Complainant has been suffering tremendous mental agony and anxiety. As such the Complainant is entitled to get relief as prayed for.

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C.C. NO.  497/2018

1. To refund a sum of Rs. 33,000/- to the Complainant which was taken towards charges for permanent registration number of the said newly purchased car.
2. To refund the excess amount of Rs. 7,114/- to the Complainant which was taken for insurance charges of the said newly purchased car.
3. To pay a sum of Rs. 3,000/- to the Complainant as an offer which the Complainant owned through a scratch card at the time of purchasing the car.
4. To direct the Opposite Parties to supply the gift of the puja offers into the hands of the Complainant.
5. To pay a sum of Rs. 2 lakh to the Complainant for mental agony and harassment.
6. To pay a sum of Rs. 30,000/- to the Complainant as litigation cost.
7. Pass such other order / orders may deemed fit and proper for the ends of justice and equity.

From the record, it appears that this Commission has accepted the postal track report regarding service of notice upon the OPs and being satisfied, this Commission proceeded for ex-parte from 02/01/2020 vide Order No. 05.

Considering the fact and circumstances as well as nature and character of this case, the following points are necessarily come out for consideration to reach just decision of the case:-

1.  Is the Complainant a consumer U/s 2(1)(d)(ii) of the CPC Act, 1986 (as amended up to date).
2. Has this Commission jurisdiction to entertain the instant case ?
3. Has the OP any deficiency in service as alleged by the Complainant?
4. To what other reliefs the complainant is entitled?

On perusal of the materials along with supporting affidavit related to documents available in case record as well as hearing of arguments by the Ld. Advocate for the Complainant, it reveals that the Complainant paid Rs. 33,000/- for the charges of permanent registration number of the newly purchased car.

The status of the Complainant is consumer as per provision laid down U/s 2(1)(d)(ii) of the C.P.C. Act, 1986 (as amended up to date). The Complainant is residing at Plot No. 206, Sainik Nagar Co-operative Housing Society, P.O. – Jagannathpur, P.S. Barasat, Kolkata – 700 126, District – North 24 Parganas.

The Opposite Parties are 1. R D MOTORS PRIVATE LIMITED, Office at H. No. 116F, 149, B. T. Road, P.O. Kamarhati, P.S. Belghoria, Kolkata - 700 058, District – North 24 Parganas, 2. THE BRANCH MANAGER, R D MOTORS PRIVATE LIMITED (Tata Motors), Office at H. No. 116F, 149, B. T. Road, P.O. Kamarhati, P.S. Belghoria, Kolkata - 700 058, District – North 24 Parganas and 3. THE BRANCH MANAGER, Service Centre, Tata Motors, Office at 108F, Nilgunge Road, P.O. Kamarhati, P.S. Belghoria, Kolkata - 700 058, District – North 24 Parganas.

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C.C. NO.  497/2018

We have perused the complaint filed by the Complainant. We have perused the copy of the money receipt along with the supporting affidavit, other documents filed by the Complainant. On perusal of the aforesaid material, it appears that the Complainant paid Rs. 33,000/- for the charges of permanent registration number of the newly purchased car.

The discussed point bears positive result. As such we are of the view that the Complainant is entitled to get permanent registration number done by the O.P. members. They are also entitled to get other relief or reliefs that will be reflected in ordering portion.

Thus, all the points are discussed accordingly.

Hence, for ends of justice

It is

Ordered

That the instant case being no. C.C. 497/2018 be and the same is allowed ex-parte against the OPs with cost. The Opposite Parties are directed to return of Rs. 33,000/- to the Complainant which was paid to the R D Motors for permanent registration charges on 23/10/2017. The Opposite parties are also directed to refund the excess amount of Rs. 7,114/- to the Complainant which was taken for insurance charges of the said newly purchased car.

The Complainant do get a decree of Rs. 5,000/- as compensation, for his mental agony and suffering and Rs. 2,000/- as litigation cost.

The O.Ps are hereby directed to get refund of the above mentioned amount i.e. (Rs. 33,000/- + 7,114/- + 5,000/- + 2,000/-) total a sum of Rs. 47,114/- to the Complainant within 03 (three) months failing which the Complainant will be at liberty to put this decree into execution according to law.

Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.                                      

  Dictated & Corrected by me                      

 Member

Member                                          Member                                         President