| ORDER | DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA (PUNJAB)
CC No. 44 of 31-01-2012 Decided on : 27-04-2012
Davinder Kumar aged 24 years S/o Sh. Parkash Bhawan, R/o Village Sivian, Tehsil & District Bathinda. .... Complainant Versus
District Transport Officer, District Transport Office, Mini Secretariat, Bathinda. Suwidha Centre, Mini Secretariat, Bathinda. ..... Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM Ms. Vikramjit Kaur Soni, President Sh. Amarjeet Paul, Member Smt. Sukhwinder Kaur, Member
For the Complainant : Sh. Rajdeep Goyal, counsel for the complainant For the Opposite parties : Sh. O.P. Vinocha, counsel for opposite party No. 1. Opposite party No. 2 exparte.
O R D E R
VIKRAMJIT KAUR SONI, PRESIDENT
The instant complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 as amended upto date (here-in-after referred to as 'Act'). Briefly stated the case of the complainant is that he purchased a motor cycle in the month of April, 2010 and applied for the registration of said motorcycle in his name with opposite party No. 1 through opposite party No. 2 in the month of May, 2010 vide Application No. 50406/2010 after depositing requisite fee with opposite party No. 2. The complainant was given the tentative date for delivery of the original R.C. as 21-06-2010. The complainant visited the office of opposite party No. 2 on 21-06-2010 for taking the delivery of original R.C. of the said motorcycle, but it was not handed over to him and he was asked to inquire about the same after a week. Thereafter the opposite party No. 2 extended the tentative date as 30-06-2010. When on 30-06-2010 the complainant visited the office of opposite party No. 2 for taking delivery of original RC, the date was again extended as 25-07-2010. The complainant visited the office of opposite party No. 2 on 25-07-2010 and again it was conveyed to him that RC has yet not been prepared and the date was extended upto 7-8-2010. The original receipt was kept by the officials of opposite party No. 2 and photostat copy of the same was given to the complainant. On 7-8-2010 when the complainant visited the office of opposite party No. 2, it was conveyed to him that original application receipt has been lost and the officials of opposite party No. 2 issued its photostat copy and affixed the stamps. They asked the complainant to approach opposite party No. 1 and extended the date upto 30-11-2010. The complainant alleged that he applied for the registration of the motorcycle in the month of May, 2010 and even after the lapse of period of more than 19 months, the opposite parties have failed to handover the original registration certificate of the motorcycle of the complainant. He has been visiting the office of the opposite parties time and again, but to no effect. The motorcycle of the complainant is lying parked in his house and he has been deprived of using the same in the absence of R.C. Hence, the complainant has filed the present complaint seeking directions to the opposite parties to issue the original R.C. and pay him cost and compensation. The opposite party No. 1 filed his written reply and pleaded that the complainant has not specifically pleaded the date of purchase of the motor cycle, the date of deposit of the challan regarding registration fee and the exact amount deposited by him nor he mentioned any engine number and chassis number of the vehicle. The receipt produced by the complainant with the complaint is a photostat copy which is not a legal document and all the dates alongwith registration number of the vehicle, if any, has not been written by any officials of the office of the opposite parties rather these are made by the complainant himself or by any private person at the instance of the complainant. The opposite party No. 1 has further pleaded that the complainant is at liberty to obtain duplicate copy of the motorcycle for which he has to submit the requisite papers fully accompanied with the police report and other documents and forms duly filled up and signed by the complainant and the R.C. would be supplied to him within a week without any delay. It has been pleaded that the R.Cs of the vehicles always put into the tray kept by the officials and someone might have taken the R.C. from the office on production of original receipt and from whom the original R.C. might have been lost. Notice of the complaint was delivered to opposite party No. 2 through dasti, but despite receipt of notice, none appeared on its behalf and as such, exparte proceedings were taken against opposite party No. 2. Parties have led their evidence in support of their respective pleadings. Arguments heard. Record alongwith written submissions submitted by the parties perused. The learned counsel for the complainant submitted that he purchased the motorcycle in the month of April, 2010 and applied for registration certificate with the opposite party No. 1 through opposite party No. 2 in the month of May, 2010. The complainant kept on visiting the opposite party No. 1, but the registration certificate was not delivered to him. The learned counsel for the complainant further submitted that as is evident from the photocopy of receipt Ex. C-2, the opposite parties kept on extending the date for supply of RC, but RC was not delivered to the complainant. The original receipt has been taken back by the officials of opposite party No. 1on the pretext to enquire about original R.C. The learned counsel for opposite party No. 1 submitted that the receipt produced by the complainant is not genuine. The endorsements made on it are not made by any concerned officials rather the writing relates to private person. He submitted that the registration certificate would be issued to the complainant if he submits the requisite documents fully accompanied with the police report. The allegation of the complainant is that he applied for registration certificate of his motorcycle in the month of May, 2011, but till date it was not issued to him. The officials of opposite party No. 1 taken back the original receipt of application and supplied photocopy of the same to the complainant. The pleading of opposite party No. 1 is that the receipt cannot be termed or treated as a document in the eye of law and the same has no legal value in the absence of original and further it is not duly signed by any concerned officials and the stamp of the office might have been affixed by the complainant himself as stamps are available on the table of every concerned officials. The original R.C.s of the vehicles always put into the tray kept by the officials and someone might have taken the R.C. from the office on production of original receipt and from whom the original R.C. might have been lost. A perusal of application receipt Ex. C-2 reveals that it is a photostat copy of receipt. The complainant has alleged that original receipt has been taken back by the officials of opposite party No. 1 whereas the opposite party No. 1 has taken a plea that R.C. might have been taken by someone on production of original receipt. However, the opposite party No. 1 has submitted that duplicate copy of motorcycle would be issued to the complainant if he submits the requisite documents accompanying with the police report. The complainant has not produced any document concerning the purchase of the said motorcycle except photocopy of receipt Ex. C-2. In such circumstances, the complainant becomes entitled for the issuance of registration certificate of the motorcycle in question without paying any amount but on production of proof/document regarding the purchase of motorcycle in question. In view of what has been discussed above, this complaint is accepted with cost of Rs.1000/-. The complainant is directed to produce photostat copy of invoice/bill of the motorcycle in question i.e. purchased in April,2010, duly stamped and signed by its seller within 10 days from the date of receipt of copy of this order. The opposite parties are directed get the fresh application form filled and signed from the complainant and deliver the original registration certificate of the said motorcycle to him without charging any amount, within next 15 days. The complete compliance of this order be made within 25 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of cost and the file be consigned.
Pronounced 27-04-2012 (Vikramjit Kaur Soni) President
(Amarjeet Paul) Member
(Sukhwinder Kaur) Member
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