This case has been filed by the Complainant Bhairabnath Laha , on 05/06/2018 U/S 12 of the CP Act 1986 against shri Sandip Saha, RTA Birbhum Suri and Shri Debasis Roy, RTA, Beltala Road, Kolkata.
The facts of the case, to put in a nut shell are as below:-
The complainant Bharabnath Laha, purchased a Maruti 800 car being registration No. WB/02E/0057 from Saykat Ali Khan of (Khan Kuthi Santiniketan Road), west first lane Bolpur Pin No. 731204 on 03/03/2009 for the purpose of the treatment of his ailing wife and subsequently the said Maruti Car was transferred to the name of the complainant i.e. Bhairabnath Laha, on 11/03/2009 at Birbhum, RTA Office Suri Birbhum from the date of purchase of the said car the compliant was paying the road tax of the said car to the RTA Office Birbhum and the Complainant paid requisite fees for the re-registration of the said car and he deposited all the previous blue book and other documents to the RTA Birbhum and office of their Birbhum, RTA was pleased to see the previous documents and give him blue book ( Registration Certificate) in the favour to the complainant i.e. Bhairabnath Laha. As per rules of the RTA the complainant deposited life time tax of the said car i.e. Rs. 11,380/- on 16 January 2013 at the RTA office Birbhum Suri. When the Complainant went to RTA Office for re-registration for renewal at Birbhum RTA of the said car Mr. Sandip Saha RTA Birbhum inform the complainant that his car is black listed by the RTA Beltola Kolkata Office and for that purpose the complainant have to deposit amount Rs. 1040/- (as previous tax and fine). On 24/05/2018 he deposited Rs. 1040/- at the RTA Beltola with effect from 15/09/2003. But neither RTA Beltola Office nor the taxing officer informed the Complainant regarding the another previous arrears on dated 13/08/1999 which is informed by the TRA Birbhum.
So, without any vital reason the said car is black listed and being a senior citizen he had been harassed by both the office of RTA. Having no other alternative the complainant has come to the forum for proper relief.
Inspite of service of Ops, OP No. 1 Shri Sandip Saha RTA Birbhum appeared but did not turn up to contest the case and W/V was not filed.
OP No. 2 Shri Debasis Roy, RTA, Beltala, did not turn up to contest the case although summon served.
Hence,
The case has been heard exparte against them Vide order No. 07 dated 03/01/2019.
Upon pleading of the party the flowing points are to be considered for discussion.
Point for determination.
- Whether the complainant is a consumer under Sec. 2(1) (d) (ii) of the C.P. Act.?
- Whether this Forum has jurisdiction to try this case?
- Whether there is any deficiency in service on the part of the O.Ps?
- Whether the complainant is entitled to get any other relief as prayed for?
DECISION WITH REASONS
All the points are taken up together for the sake of brevity and convenience. Before we discuss the points, let us look at the documentary evidence.
The following documents have been filed by the Complainant.
- Voter Identity Card.
- Car Registration Certificate.
- Life Time Tax Certificate.
- Car Insurance (2019-20).
- Driving License.
- Affidavit Copy of Complainant.
- Black Listed vehicle copy.
The Complainant filed evidence in chief and some documents dated 21/01/2019.
We find that since purchase of the said car complainant have been paying the road tax of the said car to the RTA Office Birbhum.
As per rules for RTA the Complainant deposited life time tax at the said car that Rs. 11,380/- on dated 16 January 2013. At the TRA Office Suri Birbhum. After 5 years of purchase and time of the renew of the said car Mr. Sandip Saha, RTA Birbhum, informed the Complainant that said car is black listed by the RTA Beltala, Kolkata Office. For that purpose the Complainant promptly goes to Beltala RTA Office and deposited amount Rs. 1040/- as previous tax and fine on dated 24/05/2018 at the RTA Beltala with effect form 15/09/2003.
But neither RTA Beltala Office nor the taxing officer informed the Complainant regarding the another previous arrears on 13/08/1999, which is informed by the RTA, Birbhum. Without any vital reason the said car is black listed and being a senior citizen he had been harassed by both the RTA office and suffering a lot of trouble for his ailing wife who is unable to move without car for her acute treatment.
This is clear that deficiency in service on the part of the Ops.
1) So, deficiency in service of the Ops has been proved. The Complainant is entitle to get his black listed
Car and renew the registration of said Maruti Car No. WBO/2E/0057.
2) The Complainant entitled to get Rs. 5000/- has harassment cost jointly and severely.
Proper fees have been paid.
Hence,
O R D E R E D
that C.F case No. 35/2018 be and the same is allowed ex parte against the Ops with cost Rs. 1000/-. The Complainant is entitle to get an order for releasing the car of the Complainant from black list and renew the registration of said Maruti Car No. WBO/2E/0057.
Subject to the condition that OP RTA Birbhum and Kolkata may realise any legal dues of the
Complainant on showing proper and legal documents from the Complainant.
The Ops are directed to pay Rs. 5000/- for harassment cost jointly and severely to the Complainant within Two Months from the date of this order after failing which the amount shall carry 10% interest there on and from the date it is due till realization.
Complainant shall be at liberty to execute the order as per law and procedure.
Copy of this order be supplied to the parties each free of cost.
