JUSTICE J. M. MALIK, PRESIDING MEMBER (ORAL)

1.   Learned counsel for the parties present.  Arguments heard. 

2.      The question involved in this revision petition is ‘whether the District Transport Authority is entitled to allow registration No. 0001 or not’? 

3.      The complainant, Rajesh Kumar, applied for allotment of registration No. 0001 in the series HR 37 D for his vehicle on 11.8.2005 as per the policy floated by the opposite parties and had paid a sum of Rs.25,000/- + Rs.5000/- + Rs. 500 + Rs.6100, the total being Rs.32,100/-.  The amount was paid to the District Transport Authority at Ambala.

4.      The District Transport Authority at Ambala accepted the said amount without any objection but subsequently, the registering authority at Ambala refused to issue the said registration number.

5.      Aggrieved by that situation, the petitioner/complainant filed a complaint before the District Forum.  The District Forum allowed the said complaint and directed the respondent/opposite party i.e. Government of Haryana through Secretary-cum-Commissioner Transport, Chandigarh and Registering Authority, (MV)-cum-District Transport Officer, Ambala Cantt. to allot him the said requisite number.

6.      Aggrieved by this order, an appeal was preferred before the State Commission by the opposite parties.  The State Commission vide its order dated 31.8.2012 decided the case in favour of the opposite parties.

7.      The revision petition has been filed by the complainant.

8.      We have heard the learned counsel for the parties.

9.      Learned counsel for the complainant has placed reliance on notification dated 13.7.2005 which is reproduced as follows:

                   “The 13^th July, 2005

No. S.O. 53/C.A. 59/1988/S.  65/2005:- In exercise of the powers conferred by Section 65 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), and with reference to Haryana Government, Transport Department Notification No. S.O. 49/C.A. 59/1988/S. 65/2005, dated the 1^st July 2005, the Governor of Haryana hereby makes the following rules further to amend the Haryana Motor Vehicles Rule, 1993, namely:-

1.   These rules may be called the Haryana Motor Vehicles (Amendment Rules, 2005.

2.   In the Haryana Motor Vehicles Rules, 1993, in rule 33A, for sub rule (3), the following sub rule, shall be substituted namely:-

-4-

“(3) The registering authority shall allot to the owner of non-transport vehicle, a registration mark of his choice from amongst the registration mark specified by the Central Government on payment of additional fee as indicated below:-

                        _________________________________________                                                       

Serial    Registration Number          Additional Fee_

No.                                                                                    

 1                     2                                              3________

     For Non-Transport Vehicle

1.   0001                                                 Rs. 25,000

2.   0002 to 0010                                   Rs.15,000

3.   0011 to 0020                                   Rs.10,000

4.   0021 to 0100                                   Rs.  5,000

5.   Any other special or out of

Turn number                                   Rs.  5,000/-

                             RAMENDRA JAKHU

          Commissioner and Secretary to Government

                    Haryana Transport Department.”

10.    The main question which falls for consideration is as to who is the Registering Authority?  The respondent has filed another notification dated 8.1.1999 , which is prior in time.  It mentions as under:

                             “The 8^th January, 1999

No. S.O. 9/C.A. 59/88/S. 28, 38, 65, 93, 95, 96, 107, 111 and 213/99.  In exercise of powers conferred by sections 28, 38, 65, 93, 95, 96, 107, 111 and 213 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) and with reference of Haryana Government, Transport Department, notification No. S.O. 172/CA, 59/S, 28, 38, 65, 95, 96, 107, 111, 213/98 dated the 28^th December, 1998, the Governor of Haryana hereby makes the following rules further to amend the Haryana Motor Vehicles Rules, 1993, namely:-

1.   These rules may be called the Haryana Motor Vehicles (First Amendment) rules, 1999.

2.   In the Haryana Motors Vehicle Rules, 1993 (hereinafter called the said rules).  In rule 33, in sub-rule (1),-

(i)           In the first proviso, for the sign “.”, the sign “.” Shall be substituted; and

(ii)          After the first proviso, the following proviso shall be added, namely :-

“Provided further that for the purpose of Registration of non-transport vehicle for the first 100 digits of each series, the officer incharge of the Transport branch of the Office of the transport Commissioner shall be the registering authority for the State”.

3.   In the said rules, for 33A, the following rules shall be substituted, namely:-

“33A.  Allotment of registration mark to non-transport and transport vehicle, Section 65(2) (b)(p)-(1).  The Government shall reservo such preferential registration numbers as shown in the table to be assigned to the vehicles of the Government or of any person and the same shall be allotted to a person after payment of additional fee as specified in the table.

(2)     On receipt of an application, the registration authority shall while assigning the registration mark as laid down in the notification issued by the Central Government, assign the registration number which strictly falls in the serial after the last registration mark assigned to non transport vehicle and transport vehicles.”

11.    On the other hand, learned counsel for the petitioner has invited our attention towards the written statement filed by the opposite parties which mentioned about the rule 33 in para 7 of the written statement.  The said rule is reproduced in its entirety.

“Registering Authority (1) each district Transport officer and Assistant District Transport Officer in the State, and such other person who is appointed by the Government by a notification in the official gazette in this behalf, shall be the registering authority for the purpose of registration

of any motor vehicle under the Act within his territorial jurisdiction.

Provided that each Sub-Divisional Officer (Civil) in the State shall be the registering authority for a motor vehicle other than a transport vehicle or an omnibus within his territorial jurisdiction.

Provided further that the purpose of a motor vehicle other than a transport vehicle for the first 100 digit of each series, the officer incharge of the Transport branch in the office of the State Transport Controller, shall be the registering authority, for the whole of the State”

12.    A bare reading of these notifications clearly goes to show that Registering Authority is none other than the Commissioner of Transport of the State.  Others have no authority to interfere at all in this serious matter.  However, it is surprising to note that registering authority at Ambala accepted the said amount and misled the complainant.  He should have asked him to approach the registering authority at Chandigarh.  i.e. Transport Commissioner.  The complainant was kept in dark.  Why should any one take a dallop of injustice from someone else because he is influential.

13.    Keeping in view all the facts and circumstances of the case, we are of the considered view that money should be returned to the petitioner/complainant and reasonable costs should be imposed upon the respondent/opposite parties.  The opposite parties and particularly District Transport Authority, Ambala have led the complainant up the garden path.    We, therefore, direct the opposite parties to return Rs.25,500/- to the petitioner/complainant with interest @9% per annum from the date it was deposited till its realization.  Looking at the bizarre conduct of the transport authority we also impose compensation in the sum of Rs.10,000/- to be paid within 90 days otherwise it will carry interest @9% per annum.  This is also made it clear that the entire amount be paid within 90 days otherwise it will further carry penalty of Rs.100/ per day till realisation.