NILA VISHNURAM Vs. HINDUSTAN MOTORS, GLY, WEST BENGAL
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Click here to view full judgement.
M. THANIKACHALAM J. -
(1.) The unsuccessful complainant is the appellant.
(2.) The complainant had purchased a Car from the second opposite party
manufactured by the first opposite party for a sum of Rs.4,79,843/-,
which was later registered as Taxi. Because of the fact that the vehicle
was registered and used as taxi so as Contessa Classic Tourist Taxi, the
complainant is entitled to a refund of Central Excise, a sum of
Rs.30,000/- which is liable to be refunded by the Central Excise
Authorities, through the manufacturer namely the first opposite party.
The complainant, applied for the central excise concession, through the
second opposite party, who forwarded the same to the first opposite
party, submitting all the necessary documents, required. Despite repeated
demands and enquiry, there was no proper response. After lapse of 2 years
and 8 months, they have informed, as if the complainant is not entitled
to get the refund of Rs.30,000/- since the car was not registered within
90 days from the date of clearance of the vehicle, from the factory of
the first opposite party which is incorrect. Even after the issue of
notice, the opposite parties failed in their duty, to refund the excise
duty, having approached concerned authorities, which would be construed
as deficiency in service. Thus, a claim has been lodged for a sum of
Rs.30,000/- in addition to other claims before the District Forum.
(3.) The first opposite party opposed the application mainly on the
The complainant is not a consumer and therefore the case filed before the
District Forum is not maintainable, for want of jurisdiction. The
complaint is not maintainable for non-joinder of necessary party namely
Central Excise Authority, Government of India. The complaint is barred by
limitation. There is no privity of contract between the complainant and
this opposite party, and this being the position, no question of this
opposite party, refunding Rs.30,000/- does arise for consideration. The
complainant has not applied for the excise concession within the time.
The other allegations are denied as false, thereby, praying for the
dismissal of the complaint.;
Copyright © Regent Computronics Pvt.Ltd.