S.BALARAM Vs. MITHRA AGENCIES

JUDGEMENT

(1.) The unsuccessful complainant in CC 80/2008 filed this appeal questioning the legality and propriety of the order in dismissing the complaint claiming refund of excess amount of Rs.43,870/- said to have been collected by the respondent at the time of sale of Maruthi Car.

(2.) The facts of the case are that he purchased Maruti 800 AC car from the opposite parties 1 and 2 after availing loan advanced by ICICI Bank, Hyderabad on 24.04.2007. According to the complainant, there was a discrepancy with regard to the amount mentioned in the invoice issued by the first opposite party. The value of the car in question was Rs.2,15,043/- out of which Rs.25,000/- was given as discount. On collection of the total amount including life tax would comes to Rs.1,86,832/- but not Rs.2,15,043/- as worked out by the opposite parties 1 and 2. Apart from it, the opposite parties have collected insurance premium on a sum of rs.2,15,043/- but not on the actual price of the car. Thus, an excess amount of Rs.40,870/- was collected by the opposite parties 1 and 2, as such, the complainant is entitled for refund of it.

(3.) The opposite parties 1 to 3 had denied the allegations made by the complainant. The actual selling price of Maruthi 800 AC car is fixed by the manufacturer for Rs.2,15,043/-. As per the bargain between the purchaser ad the seller a sum of Rs.25,000/- was given as discount including Rs.10,000/- offer made by the 3rd opposite party under the scheme. The Ex-show room price is Rs.2,15,043/- including sales tax. The opposite parties 1 and 2 have discounted the discount given to the complainant first and calculated the tax on the discounted amount by subtracting the tax from the original price and collected the sales tax on the actual cost of the car. The complainant has to pay life tax on the actual price of Rs. 2,15,043/- fixed by the OP.3. Sales tax would go to the account of Government through e-Seva. The insurance amount was also collected on the price fixed by the manufacturer i.e. Ex-show room price. The Ops 1 and 2 nothing to do with the collection of life tax payable to the RTA and Insurance company. The amount charged towards registration of the vehicle which is the optional service extended by the opposite party to its customer as Value Added Service and the complainant has opted for the said services voluntarily and availed services. So he cannot complain about the payment of amount to the said services once he availed the same at his option voluntarily. No excess amount was collected other than the actual price.