Punjab

Faridkot

CC/21/89

Malkit Kaur - Complainant(s)

Versus

District Transport Officer and Others - Opp.Party(s)

Jaswinder Singh Dhillon

07 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FARIDKOT

C.C. No. :                          89 of 2021

Date of Institution:     28.05.2021

Date of Decision :      07.02.2024

 

Malkit Kaur, aged about 46 years, wife of Raj Kumar r/o Sunder Nagar, Faridkot, Tehsil and District Faridkot.

                                               .......Complainant

Versus

 

1. District Transport Officer, Mini Secretariate, Faridkot.
2. Registering Authority (M.V.) Zira, District Ferozepur.
3. District Transport Officer, Mini Secretariate, Ferozepur.

                     .......Opposite Parties

 

Complaint under Section 35 of the

Consumer Protection Act, 2019.

 

Quorum:     Smt Kiranjit Kaur Arora, Presient,

                     Smt Param Pal Kaur, Member,

                     Sh Vishav Kant Garg, Member.

 

Present:      Sh Jaswinder Singh Dhillon, Ld Counsel for Complainant,    

                  Sh Avtar Singh, Ld Counsel for OP-1,

                    OP-2 and OP-3 Exparte.      

* * * * * * * *

(ORDER) 

(Kiranjit Kaur Arora, President)

                                        Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against OP seeking directions to OPs to update the online record of ownership of Maruti Suzuki Swift Car bearing Registration No. PB-47C-0021 in the name of complainant and for further directing them to pay the amount of Rs.1,00,000/-as compensation for mental agony and

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harassment suffered by complainant besides litigation expenses of Rs.22,000/- and to delete the loan entry from the R.C.

2                                                         Brief facts of the present complaint are that the complainant purchased aforementioned car from one Sanmat Lal and applied for transfer of ownership from the name of said Sanmat Lal to her own name. For this purpose, she deposited all relevant documents with OP-1 and also paid requisite fee as directed by OPs. After depositing all relevant documents and requisite fees, car was transferred in her name, but the record of ownership has not been updated online. Complainant approached OP-1 and made request to update online record regarding ownership of car in the name of complainant and on this OP-1 assured to update the online record, but later on kept lingering on the matter on one pretext or the other saying updation is to be done by OP-2 and 3 and OP-1 has nothing to do in this regard. After that complainant approached OP-2 and 3 and made requests to update the record online, but they told that they have nothing to do in this matter and only OP-1 has authority to update the record regarding ownership of said car in her name. Thereafter, complainant approached OP-1, but OP-1 also put her off and in this way, complainant kept moving in the offices of Ops like shuttle cock and all her efforts to get ownership of purchased car in her name, went futile. All this amounts to deficiency in service and trade mal practice on the part of OPs and has caused huge harassment and mental agony to her for which she has prayed for compensation alongwith litigation expenses besides the main relief. Hence, the  present complaint.

3                                           The complaint was admitted after hearing and vide order dated 15.06.2021, notice was issued to Opposite Parties to appear in person or through representative to file reply to the complaint.

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4                                             OP-1 appeared in Commission through Counsel  after being served and filed reply taking preliminary objections that complainant has no locus standi to file the present complaint and she has not come to the Commission with clean hands as she has not disclosed the true facts before the Commission. Moreover, this Commission has no jurisdiction to file the present complaint as no cause of action arises against answering OP. Present RC  bearing registration no.PB47C0021 belongs to Sub Division, Zira which comes under the jurisdiction of Regional Transport Authority, Zira, Ferozepur. As per guidelines and by laws of Transport Department, only that Transport Authority can upload the record on online portal, which has issued registration number. All the other allegations are denied being wrong and incorrect and asserted that there is no deficiency in service on the part of answering OP. Prayer for dismissal of complaint with costs is made.

5                           OP-2 also filed reply wherein denied all the allegations of the complainant being wrong and incorrect and asserted that as per government notification dated 13.12.2011 and letter dt 21.12.2012, Sub Divisional Magistrate is not Registering Authority and it is clearly mentioned in this letter to transfer the record to transport offices so that the record would be computerized in transport officer after scanning the same. As per letter dated 14.03.2013 of office of Deputy Commissioner cum District Magistrate, Ferozepur, letter dated 03.04.2013 of office of Sub Divisional Magistrate, Zira and vide letters dated 30.05.2013 and 28.10.2013, whole record of PB47 was deposited vide receipt dated 12.11.2013 given by Mulakh Raj Junior Assistant, District Transport Officer, Ferozepur. It is further averred that on re-assignment of work of vehicle registration in Sub

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Divisions, demand of registers regarding registration was made from the Regional Transport Authority, Ferozepur vide letter number 1930 dated 19.09.2017 on which concerned MTC obtained registers regarding registration of PB47 on 20.09.2017 in which registers from PB47C0001 to 0200 alongwith some other registers were not received. It is contended that answering OP made several requests to Regional Transport Office, Ferozepur vide letters dated 30.01.2018; 12.02.2018; 07.03.2018; 14.03.2018; 21.03.2018; 25.06.2018; 22.10.2018 and 09.11.2018 to send or provide above mentioned record, but same was not provided to the office of OP-2 by Regional Transport Office, Ferozepur. It is further averred that it is not possible for OP-2 to update the record online regarding ownership of said car in the name of complainant because concerned record is not available with them. It is further submitted that record in dispute was deposited by answering OP with Regional Transport Office, Ferozepur as per instructions issued by Transport Department, which was not later on handed over back to OP-2 and without record, OP-2 is unable to update online the record regarding ownership of car in dispute in the name of complainant. There is no deficiency in service on the part of OP-2 and prayed for dismissal of complaint with costs.

6                                         After filing written statement, OP-2 did not appear before the Commission and therefore, vide order dated 23.11.2021, OP-2 was proceeded against exparte.

7                                              Despite service of notice through registered post, OP-3 did not appear in this Commission either in person or through counsel to contest the allegations levelled by complainant and therefore, vide order dated 23.11.2021, OP-3 was also proceeded against exparte.

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8                                 Parties were given proper opportunities to prove their respective case. Ld Counsel for the complainant tendered into evidence affidavit of complainant Ex C-1, documents Ex C-2 to Ex C-3  and then, closed the same.

9                                                   To controvert the allegations of the complainant, ld counsel for OP-1 tendered into evidence affidavit of Navdeep Singh as Ex OP-1/1 and then, closed the evidence on behalf of OP-1. As OP-2 filed written statement, but thereafter, did not appear in this Commission and therefore, was proceeded against exparte. But OP-3 neither appeared in this Commission nor filed reply, and being exparte, there is no rebuttal from OP-3.

10                                                  We have heard the learned counsel for the parties and have very carefully gone through the affidavits and documents placed on the file.

11                                                  It is observed that case of the complainant is that she purchased a car from one Sanmat Lal and applied for transfer of ownership from the name of its original owner to her own name and to get the ownership in her name, she completed all formalities and deposited all relevant documents alongwith requisite fees with OP-1. Grievance of the complainant is that despite completion of all formalities on her part, till now, record of ownership has not been updated online in her name. Though OP-1 assured to update the online record, but later on lingered on the matter saying updation is to be done by OP-2 and 3 and OP-1 has nothing to do in this regard. Complainant approached OP-2 and 3 with requests to update the record online, but they also did not do anything needful. Being aggrieved with the act and conduct of OPs, complainant has filed the present complaint and prayed for redressing her grievance. Plea taken by OP-1 is that

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present RC bearing registration no.PB47C0021 belongs to Sub Division, Zira which comes under the jurisdiction of Regional Transport Authority, Zira, Ferozepur. As per guidelines and by laws of Transport Department, only that Transport Authority can upload the record on online portal, which has issued registration number. On the other hand, stand taken by OP-2 is that as per government instructions issued through notification dated 13.12.2011 and letter dated 21.12.2012, Sub Divisional Magistrate is not Registering Authority and as per letter dated 14.03.2013 of office of Deputy Commissioner cum District Magistrate, Ferozepur, letter dated 03.04.2013 of office of Sub Divisional Magistrate, Zira and vide letters dated 30.05.2013 and 28.10.2013, whole record of PB47 was deposited vide receipt dated 12.11.2013 given by Mulakh Raj Junior Assistant, District Transport Officer, Ferozepur.  As per OP-2 despite several requests to Regional Transport Office, Ferozepur through letters dated 30.01.2018; 12.02.2018; 07.03.2018; 14.03.2018; 21.03.2018; 25.06.2018; 22.10.2018 and 09.11.2018 to provide requisite record, OP-3 has not provided the same to the office of OP-2. It is not possible for OP-2 to update the record online regarding ownership of said car in the name of complainant because concerned record is not available with them. It is further submitted that record in dispute was deposited by OP-2 with OP-3 Regional Transport Office, Ferozepur as per instructions issued by Transport Department, which has not been returned to OP-2 and without record, OP-2 is unable to update online the record regarding ownership of car in dispute in the name of complainant.

12                                      From the above discussion and keeping in view the affidavits and documents placed on record by respective parties, it is observed that entire record required for updating the data regarding ownership of car from the

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name of Sanmat Lal its original owner to the name of complainant, is in the custody of OP-3 and without record, OP-2 has expressed his inability to update the same. OP-2 is liable to issue NOC for said vehicle and liability to issue RC and liability for updating the record lies with the district where current owner/ complainant resides that is OP-1. There  is no rebuttal by OP-3 and it seems that OP-3 is totally negligent in not providing the record to the concerned offices.

13                             This Commission is of considered opinion that there is no fault on the part of complainant as it is not the liability of complainant to bring and produce the record required for updation of ownership in her name and she has been suffering unnecessary harassment at the hands of OPs. Moreover, complainant resides at Faridkot and she has deposited requisite fees and submitted relevant documents with OP-1 and it is the duty of OP-1 to fetch record from Transport Department situated at Zira and Ferozepur. OP-1 also failed to place on record any documentary evidence in the form of any letter or reminder issued to Transport Department Zira or Ferozepur showing requirement of any record required for updation of ownership in the name of complainant. There is nothing on record by OP-1 in its support to prove that OP-1 ever made any effort to redress the grievance of complainant. Therefore, complaint in hand is hereby allowed against all OPs with strict directions to OP-1 to update the ownership of said car in the name of complainant after procuring required record from OP-2 and 3 as complainant has nothing to do with the lame excuses made by respective parties that concerned record is not with them. OP-2 and 3 are directed to furnish record sought by OP-1 for competing the process of updation of ownership in the name of complainant. OPs are also directed to delete the loan entry from the RC  as it is clear from the document Ex C-3, which is copy of letter dated 04.04.2018 that fully

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proves the fact that vehicle in question is no longer under any kind of hypothecation or hire purchase agreement with Sundram Finance.

14                                 As complainant has suffered huge harassment unnecessarily at the hands of OPs, therefore, she is entitled for compensation and thus, Ops are further directed to pay Rs.10,000/-to complainant as consolidated compensation for harassment and mental agony suffered by her and for expenditure incurred by her on present litigation. Compliance of this order be made jointly and severally by OPs within 45 days of the receipt of the copy of the order.

15                                      Complaint could not be decided within stipulated period due to heavy pendency of work and incomplete quorum.

16                                          Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room.

Announced in Commission :

Dated: 07.02.2024   

 

  Member                 Member                        President                      

          (Vishav Kant Garg)   (Param Pal Kaur)     (Kiranjit Kaur Arora)