ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:
JUDGMENT
Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;
“Direct the opposite parties No.2 to transfer ownership for the vehicle bearing Regd. No.OD-04-M-3185 and OD-04-M-3285 in the name of complainant from Dec.2020 and pay compensation Rs.1,00,000/- towards mental agony, Rs.20,000/- towards litigation and Rs.3,50,000/- towards loss of business”.
Brief fact of complaint is that complainant has purchased the vehicle bearing Regd. No.OD-04-M-3185 & OD-No.04-M-3285from opposite party financer but the ownership is not transferred by opposite party No.1 for which complainant has filed the present consumer complaint.
The vehicles are registered and stands in the name of Hierer and Certain Procedure U/s.36 & 51 (5) of M.V. Act, is to be followed by the concerned RTO giving opportunity to the hierer and to cancel the ownership of hierer and registered it in the name of financer and then the ownership is to be transferred in the name of Auction Purchaser.
Learned RTO, Chandikhol (Jajpur) is present in person who submitted that unless Tax pending and up to date Tax is paid the ownership cannot be transferred to auction purchaser via financer. Counsel for complainant Mr. B.M., Sarangi is present and heard who agrees to pay the entire dues of RTO/Govt. Financer though received notice is not present for which we also considered the interest of Financer (O.P. No.4) and keeping the interest of all parties concerned;
We direct the opposite party No.2 (RTO, Chandikhol, Jajpur) to receive the fees/tax with arrear penalty in respect of vehicle bearing Regd. No.OD-04-M-3185 & OD-04-M-3285 from complainant and transfer the ownership against the Financer after giving due opportunity of being heard to the original owner (Hierer) and then retransfer it to the complainant/auction purchaser as soon as possible preferably within 02 month. While deciding the case though opposite party No.4 is not present but we are also conscious of the entitlement of opposite party No.4, therefore we direct that if complainant is in default of any amount then 30% of the amount to be paid within 15 days and rest 70% to be paid along with regular EMI within 07 months thereafter. With the aforesaid observation and direction consumer complaint is disposed of. No cost.
Pronounced in the open Commission on this 18th August,2023.
