Road Tax clarification
1 month ago
Sir, I bought a 2 Wheeler from Showroom. I made 100% payment including 8% life time road tax , insurance, Pollution certificate and all other necessary payment to showroom and showroom made the online payment to ( Regional transport office )- Government portal for 8% of life time road tax. pls note the life time road tax is 8% until 8th November 2023. i have the receipt for 8% life time road tax paid on 8th November 2023.
on 9th November , the road tax has been revised from 8% to 12%. now i have been asked by showroom to make the payment of difference tax of 4%.
my question is , on 8th November the showroom done lot of vehicle registration at the rate of 8%. but no clue why my vehicle alone asked to pay revised rate of 12% and also that revised rate of 12% was effective from 9th NOvember whereas i made 8% of tax on 8th NOvember itself.
my only question is when the Regional Transport office done the registration of life time tax at 8% for all vehicles on 8th November, why my vehicle was not done though i made 8% tax on 8th November itself. the showroom only deal with Regional transport office hence i hold them responsible for not getting the registration done at 8% tax . also before making the 100% payment to showroom, they given verbal commitment to get the registration done at 8% tax only.
i made all necessary payment for getting the vehicle registered on 8th November itself to showroom, nothing was pending from my side.
If you believe there is a lapse on the part of the authorized showroom from which you purchased your 2-wheeler, making you liable to pay the difference in enhanced road tax, it is advisable to investigate the matter thoroughly before taking legal action. Here's a suggested course of action:
1. Apply under RTI Act, 2005:
Submit an application under the Right to Information (RTI) Act, 2005, to the concerned Showroom Incharge and Regional Transport Office (RTO) seeking information about the exact date of processing the application for registration of your vehicle, despite your payment of road tax and other fees to the showroom.
2. Review RTI Response:
Once you receive the RTI response, check for information regarding the non-processing of your vehicle for registration. If the authorities confirm the non-processing on a specific date, it may indicate a deficiency on the part of the showroom.
3. File Complaint under Consumer Protection Act, 2019:
If the RTI response indicates a deficiency in service by the showroom, file a complaint against them before the District Consumer Commission under Section 35 of the Consumer Protection Act, 2019. Claim registration of the vehicle on payment of the difference in road tax by the showroom, along with compensation for harassment and the cost of litigation.
4. File Complaint within Time Limit:
Ensure that you file the complaint within two years from the date of the cause of action, which, in this case, would be the date when the deficiency in service became apparent.
By following these steps, you can gather information through the RTI process and, if needed, seek resolution through the consumer protection legal framework. It is recommended to consult with a legal professional for guidance specific to your situation.
From the contents of the query, it appears that there is a lapse on the part of the authorized showroom from whom you bought your 2-wheeler that makes you liable to pay the difference of enhanced road tax. So, before taking any legal action against the showroom, you should satisfy yourself whether any lapse or deficiency in service is caused or not on their part. To access the said information, you need to make an application under RTI Act, 2005 to the SPIO & the RTO concerned seeking information regarding the exact date of processing of an application for registration of a vehicle online despite your payment of road tax and other fees applicable for registration to the concerned showroom. Once the authority makes a reply informing you about the non-processing of your vehicle for registration on the 8th November 2023, that itself proves the deficiency on the part of the Showroom. Accordingly, you have to file a complaint against the concerned Showroom over alleged deficiency in service before the Dist. Consumer Commission under Sec.35 of the Consumer Protection Act, 2019 claiming registration of the vehicle on payment of a difference amount of road tax by the defaulter showroom along with compensation for harassment and cost of litigation. Complaint should be filed within two years from the date of cause of action. Reach out to an Advocate for guidance and steps.
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