DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA CC.No.329 of 12-07-2011 Decided on 19-10-2011
Ashok Kumar Modi, aged about 48 years son of Sh. Babu Ram, Resident of C/o M/s Aggarwal Enterprises, Modi Building, Street No.1, Maharaja Aggarsain Market, Amrik Singh Road, Bathinda. .......Complainant Versus
The District Transport Officer, Bathinda, (Punjab). The Secretary, State of Punjab, Department of Transport, Government of Punjab, Chandigarh.
......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President Sh. Amarjeet Paul, Member Smt. Sukhwinder Kaur, Member Present:- For the Complainant: Sh. Sanjay Goyal, counsel for the complainant For Opposite parties: Sh. Rajiv Dhand on behalf of opposite parties
ORDER
Vikramjit Kaur Soni, President:-
1. The present complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 as amended up-to-date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the complainant purchased one Innova Car bearing Engine No.2KD6 701511 and Chassis No.MBJ11JV4007254183''0111 from M/s Chadha Super Cars (P) Ltd. vide Invoice No.INV110000014 dated 20.01.2011. The complainant had deposited Rs.21,183/- as fee for registration of vehicle vide challan receipt dated 22.02.2011 to register the above said vehicle with D.T.O., Bathinda and he completed all the formalities. A considerable time has elapsed but the registration certificate of the above said vehicle has not yet been issued by the opposite parties despite repeated requests of the complainant. The opposite parties are illegally demanding the enhanced fee for registration of vehicle, although the complainant is not liable to pay the same as at the time of applying with the opposite parties, the prevalent fee leviable at that time was deposited as per instructions of the opposite parties. The complainant has alleged that the opposite parties have harassed him as the registration certificate is not issued. Hence, the complainant has filed the present complaint. 2. The opposite parties have filed their joint written statement and pleaded that the complainant had deposited the requisite fee on 22.02.2011 with State Bank of Patiala, Civil Lines, Bathinda but thereafter, he never visited the office of the opposite party No.1 for putting up the concerned file rather he might have opted to obtain the number of his choice, so he kept the file with him and during these days, the rate of registration charges has been increased. So, the complainant is legally bound to pay the requisite amount as per notification issued by Secretary, Govt. of Punjab, Chandigarh dated 28.02.2011 and no file is pending in the office. The opposite parties have further pleaded that when the opposite party No.1 has not received the file of the complainant, the question of issuing registration number does not arise. The fee deposited by the complainant in the bank, is not sufficient and further, he has to submit the file in the office of the opposite parties but he never turn up till 28.02.2011. 3. Parties have led their evidence in support of their respective pleadings. 4. Arguments heard. Record alongwith written submissions submitted by the parties perused. 5. The complainant purchased one Innova Car from M/s Chadha Super Cars (P) Ltd. vide Invoice No.INV110000014 dated 20.01.2011. The complainant had deposited Rs.21,183/- for registration of his vehicle vide challan receipt dated 22.02.2011 with D.T.O., Bathinda and completed all the formalities. The main contention of the complainant is that despite depositing the registration fee, his vehicle has not been registered till date. He had requested the opposite party No.1 many times but the opposite parties are demanding the enhanced fee for registration of vehicle, although he is not liable to pay the same as at the time of applying, the prevalent fee leviable at that time was deposited as per instructions of opposite parties. 6. The opposite parties have submitted that the complainant had deposited the requisite fee on 22.02.2011 with State Bank of Patiala, Civil Lines, Bathinda but he never visited the opposite party No.1 for submitting the concerned file rather he might have opted to obtain the number of his own choice so he kept the file with him and during these days, the rate of registration charges has been increased. So, the complainant is bound to pay the requisite amount as per notification issued by Secretary, Govt. of Punjab, Chandigarh dated 28.02.2011 and no file is pending in the office of the opposite parties. The opposite parties have further submitted that the opposite party No.1 has not received the file of the complainant, so the question of issuing registration number does not arise at all. The fee deposited by the complainant in the bank, is not sufficient. 7. The complainant has alleged that the opposite parties are demanding the enhanced fee for registration of the vehicle. The opposite parties have placed on file Notification of Government of Punjab, Department of Transport (Transport-II Branch) dated 28.02.2011 Ex.R-1, according to which, they are demanding the enhanced fee from the complainant which is reproduced as under:- Notification “No.3/2/2011-1T2/1281:- In partial modification in Notification No.2/16/2007-1T(2)/10063 dated 22.11.2007 and in exercise of the powers conferred by section 3 of the Punjab Motor Vehicles Taxation Act, 1924 (Punjab Act No.4 of 1924) (amended, 2007) and all other powers enabling him in this behalf, the Governor of Punjab is pleased to substitute the Sr. No.1(iii) of above mentioned notification as under:- Sr. No. | Value of car | Rate of Motor Vehicle Tax |
|---|
1 | (iii) (a) Value of four wheeled personalized motor vehicle upto 5 Lac | Two percent of the value of the motor vehicle in lump sum | 2 | (iii)(b) Value of the four wheeled personalized motor vehicle from Rs.5 Lac and upto Rs.10 Lac | Four percent of the value of the motor vehicle in lump sum | 3 | (iii)(c) Value of the four wheeled personalized motor vehicle fromRs.10 Lac and upto Rs.20 Lac | Six percent of the value of the motor vehicle in lump sum | 4 | (iii)(c) Value of the four wheeled personalized motor vehicle exceeding Rs.20 Lac | Eight percent of the value of the motor vehicle in lump sum |
This notification will be came into immediate effect.” 8. Vide Ex.R-2 letter No.STK-G(AT)/09/20483-556 dated 21.06.2011 which has been written by the office of State Transport Commissioner, Punjab, Jeevandeep Building, Sector-17, Chandigarh, for Non-Commercial vehicles for new registration, the tax percentage (%) will be charged according to Notification No.3/2/2011-1T(2)/1281 dated 28.02.2011. The relevant portion of this letter is reproduced as under:- “With regard to Sr. No.2, it is being told that the Management Department has done some changes in letter No.3/2/2011-1T(2)/568 dated 03.05.2011 that the tax is to be charged on new vehicles which may registered on 28.02.2011 or after this date, according to tax notification dated 28.02.2011. A copy of this letter has been sent through letter No.STK-G(AT)/09/15972-16141 dated 11.05.2011 to all District Transport Offices and Sub Divisions Magistrate-cum-Registering Authorities (except head quarters).” 9. The complainant has deposited the registration fee of Rs. 21,183/- vide challan receipt dated 22.02.2011 vide Ex.C-3 but he has never visited the opposite party No.1 for putting up the concerned file and kept the file with him and during these days, the rate of registration charges has been increased as per above mentioned Notification issued by Secretary, Govt. of Punjab, Chandigarh dated 28.02.2011. As such, the complainant is liable to pay the enhanced amount of tax to the opposite parties. 10. Therefore, in view of what has been discussed above, there is no deficiency in service on the part of the opposite parties. Hence, this complaint is dismissed without any order as to cost. A copy of this order be sent to the parties concerned free of cost and file be consigned for record. ' Pronounced in open Forum 19-10-2011 (Vikramjit Kaur Soni) President
(Amarjeet Paul) Member
(Sukhwinder Kaur) Member | 
