State Consumer Disputes Redressal Commission
Sri Chinmoy Chanda vs The District Magistrate & District ... on 31 March, 2009
D R A F T State Consumer Disputes Redressal Commission West Bengal BHABANI BHAVAN (GROUND FLOOR) 31, BELVEDERE ROAD, ALIPORE KOLKATA 700 027 S.C. CASE NO. : FA/08/465 DATE OF FILING : 08.12.2009 DATE OF FINAL ORDER: 31.03.2009 APPELLANT Sri Chinmoy Chanda S/o Late Sukumar Chanda 14-A, Katakhal, Ganganagar Police Station Airport, Kolkata-700 132 District- North 24 Parganas. RESPONDENT The District Magistrate & District Collector District North 24 Parganas In-charge of Motor Vehicles Department Post Office and Police Station Barasat. BEFORE : HONBLE JUSTICE MR. A.CHAKRABARTI, PRESIDENT MEMBER : MR. A.K.RAY FOR THE PETITIONER / APPELLANT : Mr. R.Biswas, Ld. Advocate FOR THE RESPONDENT / O.P.S.: : O R D E R :
MR. A.K.RAY, HONBLE MEMBER This Appeal is directed against the order dt.
6.11.08 passed by the North 24 Parganas District Consumer Forum in D.F. Case No. 12(s)/2007, wherein the complaint was rejected holding inter alia that the proceeding was untenable before the Forum.
The aggrieved complainant filed the instant Appeal on the grounds that the Forum below acted illegally with material irregularity at the time of passing the judgement. He was a bonafide consumer in terms of Section 2(i)(d) of the Consumer Protection Act, 1986. The Forum below ought to have considered the provisions of West Bengal Motor Vehicles Tax Act 1979 and West Bengal Motor Vehicles Act.
The brief facts of the case is that the complainant, a senior citizen, despite his financial hardship was maintaining a car for taking his 75% disabled daughter to the treatment centre and two doctors for her treatment and also to her education centre.
On 27.5.05 he made a prayer to the District Magistrate & District Collector, North 24 Parganas, the sole Respondent herein, for exemption of road tax in respect of his car in view of its being used for his handicapped daughter. His prayer was rejected on 17.8.05. He appealed for reconsideration of his prayer. It was forwarded to the District Social Welfare Officer, North 24 Parganas, who later forwarded the same to the Commissioner for Persons with Disabilities, Government of West Bengal. The said appeal was thereafter forwarded to the Joint Secretary, Transport Department, Government of West Bengal, who by its Memo No. 557/1(1)-WT dt. 16.2.06 expressed inability to consider the said prayer. The Appellant thereafter on 17.3.06 made a prayer before the Chairman, Human Rights Commission, West Bengal for proper consideration of his aforesaid prayer concerning exemption of the road tax.
He received no response from the Commission. He then decided to pay the road tax and approached the R.T.O., Barasat, to know the amount he was required to pay for the purpose. He came to learn that in view of delay in making payment he was to pay penalty to the tune of Rs. 2,850/- apart from the amount of tax. The Taxing Officer, North 24 Parganas, also intimated this to him under Memo No. 2597/MB/BST dt. 7.9.06. The Appellant was of the view that the delay in making payment of the road tax was not caused deliberately by him. He prayed for an order for waiving the amount of penalty and for permission to pay the road tax in installments.
The case was contested by the OP/District Magistrate & Dist. Collector, North 24 Parganas, by filing written version.. The R.T.O., Barasat filed the written on oath on behalf of the District Magistrate & Collector, North 24 Parganas. The case has been discussed by the Forum below in detail. There is hardly any scope for us to interfere with the same. The Forum was of the view that though the complainant made payment of Motor Vehicles Tax earlier respecting the vehicle and that he also promised to make payment of such tax for subsequent period, but such making of payment of tax or of promising to make payment of tax cannot be regarded to be making of payment or promising of making of payment of consideration to the OP for availing of a service. The complainant, therefore, cannot be regarded to have been a Consumer in terms of the Consumer Protection Act.
We have heard the Appellant ex parte as the sole Respondent did not appear before us to contest this case.
During pleadings the Appellant stated that he would pay the road tax in terms of West Bengal Motor Vehicle Tax Act as amended. But the amount of penalty, which would be 50% of the amount of road tax, should be waived. Initially his prayer for waiving the road tax was forwarded by the Respondent to the Transport Department, Government of West Bengal for consideration. His prayer was rejected by the Government in the Transport Department. His subsequent decision to pay the road tax could not be translated into action as the R.T.O., Barasat, had informed him that he was to pay penalty as per law for late payment of road tax. As per law, the Taxing Officer or the District Magistrate & Collector, North 24 Parganas, does not enjoy any power to exempt the amount of penalty. The Government of West Bengal in the Transport Department is empowered to exercise such authority in consultation with the Finance Department. As we do not find any infirmity in the impugned order of the Forum below, the Appeal fails to succeed.
Hence, it is ORDERED that the Appeal stands dismissed ex parte without cost. The impugned order of the Forum below is affirmed.
MEMBER PRESIDENT