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Tapan Poley v/s Shree Automobiles Pvt. Ltd. & Another


Company & Directors' Information:- N E C C AUTOMOBILES PRIVATE LIMITED [Active] CIN = U74899DL1991PTC043600

Company & Directors' Information:- C M AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300CH2005PTC028233

Company & Directors' Information:- J P M AUTOMOBILES LIMITED [Active] CIN = U74899DL1995PLC068910

Company & Directors' Information:- K N AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50404OR2013PTC016730

Company & Directors' Information:- J AND K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50401JK2004PTC002447

Company & Directors' Information:- K. S. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300RJ2009PTC028204

Company & Directors' Information:- SHREE AUTOMOBILES PVT LTD [Active] CIN = U34300WB1985PTC039635

Company & Directors' Information:- K N R AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300WB2006PTC111199

Company & Directors' Information:- K P AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50404JH2012PTC000824

Company & Directors' Information:- Y J AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50401MP2013PTC031920

Company & Directors' Information:- N S AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50102MH2012PTC226814

Company & Directors' Information:- S K S AUTOMOBILES INDIA PRIVATE LIMITED [Strike Off] CIN = U50100TZ2009PTC014979

Company & Directors' Information:- TAPAN INDIA PRIVATE LIMITED [Active] CIN = U24233UP2015PTC073525

Company & Directors' Information:- TAPAN INDIA PRIVATE LIMITED [Active] CIN = U93000UP2015PTC073525

Company & Directors' Information:- J D AUTOMOBILES PVT. LTD. [Strike Off] CIN = U34300WB1987PTC042066

Company & Directors' Information:- B K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50200AP2009PTC064484

Company & Directors' Information:- N. K. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50102GJ2006PTC049307

Company & Directors' Information:- G M S AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50101DL1997PTC089284

Company & Directors' Information:- N U AUTOMOBILES PVT LTD [Active] CIN = U74899DL1982PTC013126

Company & Directors' Information:- D K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U29246CH1989PTC009607

Company & Directors' Information:- K Y AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400JK2021PTC012549

Company & Directors' Information:- A K AUTOMOBILES LIMITED [Amalgamated] CIN = U34100WB1984PLC038001

Company & Directors' Information:- A AND S AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U51103DL1997PTC085147

Company & Directors' Information:- M. H. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50200HP2015PTC000946

Company & Directors' Information:- R. K. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071719

Company & Directors' Information:- R. J. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50100BR2020PTC047409

Company & Directors' Information:- M R AUTOMOBILES (INDIA) PRIVATE LIMITED [Active] CIN = U34300DL1998PTC094488

Company & Directors' Information:- V. M. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U35911UP1995PTC018136

Company & Directors' Information:- P D AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400RJ2021PTC074633

Company & Directors' Information:- A R AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50404PY2011PTC002555

Company & Directors' Information:- K P V AUTOMOBILES PVT LTD [Active] CIN = U50300KL1991PTC006035

Company & Directors' Information:- J B S AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34101OR2005PTC008397

Company & Directors' Information:- S. N. S. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50500WB2018PTC224868

Company & Directors' Information:- M P AUTOMOBILES PVT LTD [Strike Off] CIN = U50404MP1957PTC000842

Company & Directors' Information:- G. E. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400DL2018PTC341171

Company & Directors' Information:- P K AUTOMOBILES PVT LTD [Strike Off] CIN = U50300UP1979PTC004841

Company & Directors' Information:- P L AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300RJ2014PTC046516

Company & Directors' Information:- S G K R AUTOMOBILES PRIVATE LIMITED [Active] CIN = U60210TN1960PTC004283

Company & Directors' Information:- N R AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50400MH2014PTC255882

Company & Directors' Information:- S. N. J. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400MH2017PTC299238

Company & Directors' Information:- M R K AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50102UP2011PTC045868

Company & Directors' Information:- I B AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U29253DL2008PTC172205

Company & Directors' Information:- T K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U74899DL1984PTC017940

Company & Directors' Information:- V R AUTOMOBILES PRIVATE LIMITED [Active] CIN = U34200DL2007PTC170076

Company & Directors' Information:- K T AUTOMOBILES PVT LTD [Strike Off] CIN = U99999UP1959PTC002730

Company & Directors' Information:- M B AUTOMOBILES PVT LTD [Strike Off] CIN = U35923WB1966PTC026743

Company & Directors' Information:- B M AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50200DL2007PTC162611

Company & Directors' Information:- H A AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34102DL2007PTC163030

Company & Directors' Information:- P A AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34101DL2007PTC161483

Company & Directors' Information:- K G AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34200DL2007PTC162859

Company & Directors' Information:- P R AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34201DL2007PTC161053

Company & Directors' Information:- AUTOMOBILES PVT. LTD. [Strike Off] CIN = U99999DL2000PTC000916

    Revision Petition No. 445 of 2016 in Appeal No. 509 of 2013

    Decided On, 11 July 2016

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE DR. S.M. KANTIKAR
    By, PRESIDING MEMBER

    For the Appellant: Pawan Kumar Ray, Advocate. For the Respondents: Barun Prasad, Advocate.



Judgment Text

1. The short question involved in this revision petition is that the complainant, Shri Tapan Poley purchased a Xylo Luxury Car from Shree Automobiles Pvt. Ltd., the OP1 on 31-08-2012. The OP issued invoice and insurance cover for the same. The complainant paid Rs.87,500/- to the agent of OP1 for payment of life time road tax but the OP paid the tax at very later stage and issued the tax token very late despite repeated requests and after receiving the entire payment. Therefore, the complainant approached the Howrah District Consumer Disputes Redressal Forum (for short, the District Forum).

2. The District Forum allowed the complaint and ordered to handover the necessary documents to the complainant within 15 days from the date of order otherwise Rs.50/- per day shall be imposed upon them till actual compliance. The District Forum awarded compensation of Rs.1,00,000/- to the complainant.

3. Aggrieved by this order the OP filed first appeal before the West Bengal State Consumer Disputes Redressal Commission (for short, the State Commission) which was allowed on the ground that the complainant is a businessman and cannot be termed as consumer and consequently dismissed the complaint.

4. Hence, this revision petition.

5. I heard the counsel for the both the parties. The counsel for the petitioner vehemently argued that vehicle in question was purchased on the basis of brochure and he brought my attention to the price list effective from 04-09-2012 under which the lifetime tax for 15 years was Rs.87,395/- which was paid by the complainant but the OP paid one-time tax for 5 years i.e. Rs.49,250/- which was never opted by the complainant. The counsel further submitted that the complainant put his signature on some blank documents. Some were subsequently filled by the OP which was not in the knowledge of the complainant. He brought our attention to the application form for option for payment of life time tax/one-time tax which revealed tick mark (v) on the one-time tax.

6. The rival arguments on behalf of the counsel for the OP are that the complainant was not a consumer under Section 2(1) (d) of the Consumer Protection Act. The car was used for his business purpose for the private use as a commercial use. Therefore, he is not a consumer.

7. It is pertinent to note that the complainant is a businessman in the style of M/s. Srikrishna Manufacturing Company. No doubt he is using this vehicle for his personal use to gain more from the business, thus it is for his livelihood. Hence, he is consumer under Section 2(1)(d) of this act. The act of OP was a deficiency in service. Therefore, the complainant was deprived of driving the vehicle for some period due to non-delivery of the tax token. It clearly appears that the OP withhold the balance amount of Rs.39,501/- without any valid reason. He should have refunded it immediately. It clearly indicates malifide intention of the OP. Therefore, the OP is held liable for the deficiency in service.

8. Perused the documents on the file, the gazette from Kolkata regarding life time tax or one-time tax on motor cars and omnibus. The complainants vehicle falls under Motor Cars and Omnibus (type C) more than 1590 CC but within 2000 CC and the rate of life time tax is 10% of the value of the vehicle or Rs.80,000/- whichever is higher. Therefore, in my opinion, the complainant paid the correct tax amount of Rs.87,000/- but the OP did not remit the entire amount to RTO but remitted the one-time tax only for five years.

9. On the basis of foregoing discussion, it is thus clear that the complainant is a consumer. Accordingly, the order of the State Commission

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is set aside. Further, in my view, the District Forum has awarded compensation of Rs.1,00,000/- which is on higher side. Therefore, I modify the order of the District Forum and direct the OP to refund the excess amount of Rs.39,501/- and compensation of Rs.50,000/- to the complainant for the mental agony and loss of his business. The revision petition is partly allowed. There shall be no order as to costs.
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