PER:

Nidhi Verma, Member

1        The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act under Section 34, 35 and 36 against the opposite party on the allegations that the complainant has purchased one vehicle/ car Maruti Swift VDI bearing its registration No. PB38-D-7813, chassis No. MBHCZC03SKL523112, Engine No. D13A-3572472 from agency of opposite party on dated 24.12.2019. At the time of preparation of registration certificate the father name of complainant has wrongly been written/ mentioned as Angrj Singh. Whereas at the time of purchasing the above said vehicle the complainant submitted his documents i.e. Adhaar Card etc. to the office of opposite party. In the month of February 2020 the complainant approached opposite party and hand over the original registration certificate to opposite party for correction the father’s name of complainant and on that time the opposite party assured to complainant that opposite party will correct the father name of complainant on registration certificate within short span of time, but the opposite party did not return back the above said original R.C. to complainant with correction of father name of complainant till date. Due to above said illegal act committed by the opposite party, the complainant faced so many difficulties/ obstacles, because without R.C. the vehicle has no value and the complainant is unable to drive the car without the above said original R.C. The complainant number of times approached to respondent with the request for return back R.C. to complainant after correct/ amend the father name of the complainant. But the opposite party always linger on the matter under one and other pretext and not returned the above said original R.C. to the complainant till today.  The complainant also served a legal notice dated 7.4.2022 through their counsel Sh. J.S. Ballian Wala and Sh. Jagdeep Singh Malka Advocates Patti through registered post dated 7.4.2022 for handover the original registration certificate of the above said vehicle to the complainant after correction his father name within the period of 15 days but the opposite party did not give any reply and also not handed over the RC to the complainant. The complainant has prayed that the opposite party may be directed to hand over the original registration certificate of the above said vehicle after correction his father name and also pay damages and compensation to the tune of Rs. 50,000/- alongwith litigation expenses may also be awarded in favour of complainant and against the opposite party for unnecessary harassment, inconvenience, agony and mental tension suffered by the complainant at the hands of the opposite party.  Alongwith the complaint, the complainant has placed on record copy of examination of chief Ex. C-1 Copy of Adhar Card of complainant Ex. C-2, Copy of Job Card Retail Tax Invoice Ex. C-3, Copy of Provisional Registration Certificate Ex. C-4, Copy of Job Card retail dated 12.1.2021 Ex. C-5, Copy of HDFC Ergo General Insurance Company Ltd. Ex. C-6, Copy of Baba Autos Receipt Vehicle Registration Copy No. 259 dated 11.2.2020 Ex. C-7, Copy of legal notice and postal receipts Ex. C-8 and C-9, copy of registration certificate Ex. C-10. 

2        Notice of this complaint was sent to the opposite party and opposite party appeared through counsel and filed written version by interalia pleadings that the complainant is not consumer qua the opposite party. Even, the complainant has not pleaded in its complaint that he is consumer qua the opposite party. He has not hired the services of the opposite party for any consideration for getting correction in his father’s name on the registration certificate. Since the opposite party is providing its services for the said correction free of any charge/ consideration, therefore, the complainant cannot be termed as consumer. As such no consumer dispute arises between the parties and as this commission has no jurisdiction to entertain the present complaint. The registration certificate was prepared and issued by the Registering Authority, Patti with mis-spelling, due to some clerical mistake. Now the correction is to be made by the Registering Authority, Patti with the approval of the State Transport Office at Chandigarh, therefore, they are the necessary party to the present complaint. Since, the complainant has not impleaded the necessary  parties to the present complaint, therefore, the complaint is liable to be dismissed for non joinder of necessary parties.  There is no negligence or deficiency in service on the part of the opposite parties. The required correction is not to be made by the opposite party at its own and it is to be done by the concerned offices. Rather the opposite parties are providing its services for getting the correction without any charge. The complainant has illegally and wrongly dragged the opposite party to the present litigation without any fault on the part of the opposite party, which has caused harassment to the opposite party. The complaint is false and frivolous to the knowledge of the complainant, therefore, the same is liable to be dismissed with costs. The complainant has not come with clean hands to this commission and has suppressed material facts. The complainant has no cause of action or locus standi to file the present complaint against the opposite party. Bald allegations have been leveled against the opposite party without any proof. In the registration certificate, father’s name of the complainant was spelled as Angrj Singh instead of Angrej Singh. Registration of vehicle is done with the Registering Authority Patti. The Aadhaar Card or some other identity proof of the person, on whose name the registration of the vehicle is done, is pre requisite alongwith other relevant documents like purchase bill, form No. 20, 21, 22, temporary R.C and insurance etc. In this case, Aadaar Card of complainant was submitted with the Registering Authority, Patti and in the Adhaar Card, father’s name of complainant is mentioned as Angrej Singh. The error in spelling of father’s name of complainant has occurred due to some clerical mistake. The complainant has not impleaded the Registering authority Patti by whom the registration certificate has been prepared and issued, which was necessary party to the present complaint, therefore, the present complaint is liable to be dismissed. On receipt of registration certificate, the opposite party applied for correction of the father’s name to the concerned office and as on the date, the edit in the father’s name of the complainant has been approved by the office of Registering Authority and now the approval of the office of State Transport Department is pending. As soon as the opposite party comes to know about the same, the opposite party will intimate the same to the complainant. The vehicle is registered one and there is no challenge to the use of the vehicle, since the vehicle has the RC and no one can say that the vehicle is without RC. Only spelling mistake in father’s name of the complainant and by submission for correction of that mistake, it cannot be said that the vehicle is without RC. The correction is not to be made by the opposite party itself and the same is to be done in the database of the Transport Department at Chandigarh and with the Registration Authority, which are the departments run by the Govt. and the process established by the concerned departments has to be followed. On this, the complainant was satisfied and assured to withdraw the said notice, but to no effect. The opposite party has denied the other contents of the complaint and prayed for dismissal of the same. Aongwith the written version, the opposite party has placed on record affidavit Ex. OP/1, screen short of Vahan Official website showing correction as pending for approval Ex. OP/2.

3        We have heard the Ld.counsel for the complainant and opposite party and have carefully gone through the record placed on the file.

4        Ld. counsel for the complainant contended that the complainant has purchased one vehicle/ car Maruti Swift VDI bearing its registration No. PB38-D-7813, chassis No. MBHCZC03SKL523112, Engine No. D13A-3572472 from agency of opposite party on dated 24.12.2019. At the time of preparation of registration certificate, the father name of complainant has wrongly been written/ mentioned as Angrj Singh. Whereas at the time of purchasing the above said vehicle the complainant submitted his documents i.e. Adhaar Card etc. to the office of opposite party. He further contended that in the month of February 2020 the complainant approached opposite party and hand over the original registration certificate to opposite party for correction the father’s name of complainant and on that time the opposite party assured to complainant that opposite party will correct the father name of complainant on registration certificate within short span of time, but the opposite party did not return back the above said original R.C. to complainant with correction of father name of complainant till date. He further contended that due to above said illegal act committed by the opposite party, the complainant faced so many difficulties/ obstacles, because without R.C. the vehicle has no value and the complainant is unable to drive the car without the above said original R.C. the complainant number of times approached to respondent with the request for return back R.C. to complainant after correct/ amend the father name of the complainant. But the opposite party always linger on the matter under one and other pretext and not returned the above said original R.C. to the complainant up till today.  He further contented that the complainant also served a legal notice dated 7.4.2022 through their counsel Sh. J.S. Ballian Wala and Sh. Jagdeep Singh Malka Advocates Patti through registered post dated 7.4.2022 for handover the original registration certificate of the above said vehicle to the complainant after correction his father name within the period of 15 days but the opposed party did not give any reply and also not handed over the RC to the complainant and prayed that the present complaint may be allowed.

5        It is contended by the opposite party that the complainant is not consumer qua the opposite party. Even, the complainant has not pleaded in its complaint that he is consumer qua the opposite party. He has not hired the services of the opposite party for any consideration for getting correction in his father’s name on the registration certificate. It is  further contended that since the opposite party is providing its services for the said correction free of any charge/ consideration, therefore, the complainant cannot be termed as consumer. As such, no consumer dispute arises between the parties and as this commission has no jurisdiction to entertain the present complaint. The registration certificate was prepared and issued by the Registering Authority, Patti with mis-spelling, due to some clerical mistake. Now the correction is to be made by the Registering Authority, Patti with the approval of the State Transport Office at Chandigarh, therefore, they are the necessary party to the present complaint. The complainant has not impleaded the necessary parties to the present complaint, therefore, the complaint is liable to be dismissed for non joinder of necessary parties.  There is no negligence or deficiency in service on the part of the opposite parties. The required correction is not to be made by the opposite party at its own and it is to be done by the concerned offices. Rather the opposite parties are providing its services for getting the correction without any charge. The complainant has illegally and wrongly dragged the opposite party to the present litigation without any fault on the part of the opposite party, which has caused harassment to the opposite party. In the registration certificate, father’s name of the complainant was spelled as Angrj Singh instead of Angrej Singh. Registration of vehicle is done with the Registering Authority Patti. The Aadhaar Card or some other identity proof of the person, on whose name the registration of the vehicle is done, is pre requisite alongwith other relevant documents like purchase bill, form No. 20, 21, 22, temporary R.C and insurance etc. In this case, Aadaar Card of complainant was submitted with the Registering Authority, Patti and in the Adhaar Card, father’s name of complainant is mentioned as Angrej Singh.  The complainant has not impleaded the Registering authority Patti by whom the registration certificate has been prepared and issued, which was necessary party to the present complaint, therefore, the present complaint is liable to be dismissed. On receipt of registration certificate, the opposite party applied for correction of the father’s name to the concerned office and as on the date, the edit in the father’s name of the complainant has been approved by the office of Registering Authority and now the approval of the office of State Transport Department is pending. As soon as the opposite party comes to know about the same, the opposite party will intimate the same to the complainant. The vehicle is registered one and there is no challenge to the use of the vehicle, since the vehicle has the RC and no one can say that the vehicle is without RC. Only spelling mistake in father’s name of the complainant and by submission for correction of that mistake, it cannot be said that the vehicle is without RC. The correction is not to be made by the opposite party itself and the same is to be done in the database of the Transport Department at Chandigarh and with the Registration Authority, which are the departments run by the Govt. and the process established by the concerned departments has to be followed and prayed that the present complaint be dismissed.

6        We have heard rival contention of the parties.

7        In the present case the dispute is only that the complainant has purchased one Maruti Swift VDI bearing its registration No. PB38-D-7813, chassis No. MBHCZC03SKL523112, Engine No. D13A-3572472 from agency of opposite party on dated 24.12.2019. At the time of preparation of registration certificate the father name of complainant has wrongly been written/ mentioned as Angrj Singh instead of Angrej Singh and prayed that the opposite party be directed to hand over the original registration certificate of the above said vehicle after making correction of his father name. But according to opposite party the registration certificate was prepared and issued by the Registering Authority, Patti with mis-spelling, due to some clerical mistake. Now the correction is to be made by the Registering Authority, Patti with the approval of the State Transport Office at Chandigarh, therefore, they are the necessary party to the present complaint. The complainant has not impleaded the necessary  parties to the present complaint, therefore, the complaint is liable to be dismissed for non joinder of necessary parties.  The registration of the vehicle is done by Registering Authority Patti with the approval of the State Transport Office at Chandigarh and the correction if any is also to be made by the Registering Authority Patti with the approval of the State Transport Office at Chandigarh as per rules and regulations of the Transport Department. Therefore, Registering Authority Patti with the approval of the State Transport Office at Chandigarh are necessary party to the present complaint for Redressal the grievance of the complainant but the complainant has not made them as party to the present complaint, therefore, the present complaint is bad for non joinder of necessary parties.  Further more, according to opposite party on receipt of registration certificate, the opposite party applied for correction of the father’s name to the concerned office and as on the date, the edit in the father’s name of the complainant has been approved by the office of Registering Authority and now the approval of the office of State Transport Department is pending to prove its contention, the opposite party has also placed on record screen shot of Vahan Official website showing correction as pending for approval (Ex. OP/2). The correction, if any is to be done by the Registration authority and registration authority is necessary party to the present complaint. From the above said facts, it is clear that there is no deficiency in service on the part of the opposite party.

8        In view of above discussion, the present complaint is bad for non joinder of necessary parties, consequently, the same is dismissed with no order as to costs.  Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Commission. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.

Announced in Open Commission.

30.05.2024

 (Charanjit Singh)