JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite party No.1 & 2 not to repossess the vehicle and rotavotar belonging to complainant and to supply the copy of the loan agreement and exonerate the complainant from any other unnecessary charges and not to mis utilize the cheques if any which were with them, reschedule the rest part of loan and to pay the compensation of Rs.1,50,000/-”.

            Complainant on payment of Rs.1,30,000/- as down payment to the opposite party No.4 delivered one SONALIKA RX 47 Tractor and rotavotar bearing vehicle make ITLDI-47 RX OIB PS 4WD, having Engine No.31021L731674174F5, Chassis No.DZVST61158S3.. The vehicle was financed by Indusind Bank (O.P. No.1). The total loan sanctioned was Rs.5,89,000/- @ 14,850/- as EMI. The vehicle was delivered to the complainant by opposite party No.4. the opposite party No.4 was not given any invoice and payment receipt to the complainant. The complainant has been paying the EMIs regularly to opposite parties No.1 to 3. The opposite party No.4 has delivered the vehicle without registering the same which violates the statutory provisions of Motor Vehicle Act (Registration Provision in RTO) under that provision the vehicle cannot be allowed to cross the boundary of showroom of the opposite party No.4 without registration and insurance. It is the sole responsibility of the dealer (O.P. No.4) to sell and registered the vehicle and insured it but the opposite party No.4 has failed in his duty to comply the same rather he has kept the documents as a result the complainant could not register the vehicle and it is lying idle .

            In this context relevant portion of Section 41 of Motor Vehicle Act, 1988 is quoted below,

            S.41.Registration,how to be made.-(1)An application by or on behalf of the owner of a motor vehicle for registration shall be in such form and shall be accompanied by such documents, particulars and information and shall be made within such period as may be prescribed by the Central Government.

            Provided that where a motor vehicle is jointly owned by more persons than one, the application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of the motor vehicle for the purposes of this Act.

            (Provided further that in the case of a new motor vehicle, the application for registration in the State shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same state in which the dealer is situated).

            It is not at all disputed that the vehicle was purchased from opposite party no.4 and it was to be registered within the State and opposite party No.4 has failed in his duty to register the vehicle is complete violation of Section 41 as quoted above.

            Notice was issued to opposite parties on 29.8.2022. Opposite party no.1 to 3 filed their written version on 20.9.2022 and stated that opposite party No.4 is sole responsible for registration of vehicle and the complainant paid their EMI regularly. But opposite party No.4 neither appear before this Commission nor file any written version till date.

            Since the opposite party No.4 has failed to register the vehicle with the RTO, we held the opposite party No.4 is negligent in his duty in registering the vehicle and insuring the vehicle which is gross deficiency in service as such we direct the opposite party No.4 to register the vehicle and insure vehicle immediately bearing the entire cost of registration and insurance for such deficiency in service. We impose cost of Rs.50,000/- on opposite party No.4 for harassment and mental agony and Rs.3,000/- as cost of litigation to be paid to complainant within 45 days from the date of passing of the order. Opposite party No.1,2 & 3 shall not press hard to repay the loan and repossess the vehicle at least for six months after registration of vehicle.