Court directs lodging of FIR on plea against Volkswagen's MD

Tuesday, 07 02 2012 09:07

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New Delhi, Feb 6 (PTI) A court here has directed Delhi police to lodge an FIR on a complaint against a top executive of Germany-based Volkswagen, directors of its authorized car dealer and a official of transport department on the issue of illegal charges levied on buyers.
Metropolitan Magistrate Rajinder Singh passed the orders for lodging FIR on a plea alleging that car dealers were levying charges like those for 'handling' in violation of law.
The complainant said that Central Motor Vehicle Rules and an August 2007 notification of Transport Department Delhi prohibits motor vehicle dealers from levying such charges.
"Looking at the scale and gravity of the allegation, it is deemed fit to direct the SHO concerned to register an FIR and investigate this matter. Accordingly, the SHO concerned is directed to register an FIR in accordance with law under the relevant sections," the judge said.
The complaint filed by advocate Rajiv Ranjan Raj alleged levying of illegal charges by car dealers and sought lodging of FIR for cheating, criminal conspiracy, criminal breach of trust and for offences under Prevention of Corruption Act.
He made car dealer Bhasin Motors, its four directors, MD of Volkswagen India Pvt Ltd and a Motor Licensing Officer of Delhi Transport Department as party in the case.
Raj said Delhi Government's August 13, 2007 notification prohibited car dealers from charging anything in the name of service/miscellaneous charges from the purchasers.
He said Bhasin Motors charged him Rs 3,911 as handling and number plate charges apart from VAT March last year.
The dealer and officials of transport department are involved in a "mass scale fraud being played upon innocent purchasers by such unscrupulous dealers," Raj told the court.
Raj said "dealers are required to give an undertaking that they will not charge any other charges/fee like handling charges/service charges."
He said the transport officials "never cross check" if dealers are adhering to the rules or not and added that the concerned official "has grossly failed to take any action to check this malpractice, obviously for illegal gratification".
"The Motor Licensing Officers abet dealers to collect illegal charges, inter-alia, from me by willfully and deliberately not scrutinising the invoice raised and issued by the dealer, thereby the corrupt Motor Licensing Officers get their share of the booty.
"A white collar crime is being committed day in and day out and ill-gotten gains are shared amongst senior officials of Transport Department and the manufacturer," he alleged.
He added that "the car manufacturer is also aware of the fact that their authorised dealers are charging handling Charges/ loading and unloading charges/ logistic charges etc from their customers and their culpability in unfair trade practice/cheating the general public is writ large also get its share from the dealers hence no action is taken by them".
"The key officials of the manufacturer namely President, MD and Chief Representative India, Volkswagen India Pvt Ltd., apart from others in connivance with officials of the Bhasin Motors and the Motor Licensing officer has committed the offence punishable under the Indian penal Code," Raj said.
The Delhi High Court had also on January 4 asked the car dealers' association to file its reply on a PIL on same issue.
The PIL had alleged that car dealers are levying several illegal charges and sought a CBI inquiry into the nexus between officials and car dealers.