C.C. No.132/2023

Ajit Kumar Das,

S/o. Gangadhar Das,

Vill./P.O.- Kharanasi,

P.S.- Jambu Marine,

Dist.- Kendrapada,

At Present- Atharbanki Lockpada,

(Bijayanagar), Paradeep,

Dist.- Jagatsinghpur.                                                 ……………. Complainant

                           (Versus)

1. HDB Financial Services,
2.  

Badambadi, Cuttack.

2. RTO-2, Bhubaneswar,

Patia, Chandrasekharpur,

Bhubaneswar,

Dist.- Khurda.

3. Branch Manager, HDFC Bank,

Link Road, Cuttack.…..… Opposite parties

For Complainant………..Mr. D.N. Acharya, Advocate

For O.P. No.1………..Mr. M.R. Khatua & Associates

O.P. No.2……….In Person

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                        JUDGMENT

            Complainant has purchased the vehicle through opposite party No.1, HDB Financial Services, Cuttack, but while sending the online dealer point registration of the concerned vehicle bearing Regd. No.OD-33X-3963 (Maruti Baleno Alpea Petrol Car) and the name of the financer was mentioned HDFC Bank, Bhubaneswar Branch instead of HDB Financial Services, Cuttack which is a mistake committed by the financer opposite party No.1.

            The complainant prayed opposite party No.2 i.e. RTO, Bhubaneswar to correct the R.C. Book and mentioned the Hypothecation to HDB Finance Services instead of HDFC Bank Ltd., Bhubaneswar. The opposite party No.2 RTO, Bhubaneswar in para 2 of his reply dtd.24.5.2023 has stated under;

            As per the data entered by the Dealer through online, Dealer Point Registration this authority has only approved the registration of Vehicle No.OD33X 3963 with hypothecation to HDFC Bank Limited, Bhubaneswar Branch as per provision. It is the responsibility of the Dealer to apply and submit revised Form No.21 (Sale Certificate) to this office for rectification of any data wrongly entered in the Registration Certificate. In this case the Dealer has never applied for change of the name of the financer, if it was wrongly entered.

            In view of the admitted facts stated above, we direct the opposite party No.1 to submit Form No.21 (Sale Certificate) to opposite party No.2 (RTO, Bhubaneswar) within 45 days from the date of receipt of the order and the opposite party No.2 shall issue corrected R.C. Book to complainant within 45 days after receipt of form No.21 from the opposite party No.1.

            For the negligence of the opposite party No.1 the complainant has suffered mental agony and harassment for last 5 years. We therefore direct the opposite party No.1 to pay compensation of Rs.1,000/- towards mental agony and harassment  and Rs.1000/- towards cost and litigation which shall be paid by opposite party No.1 to the complainant within a period of 45 days from the date of receipt of the order, failing which the opposite party No.1 shall pay Rs.100/- per day after 45 days. With the aforesaid observation and direction the consumer complaint is disposed of. 

            Pronounced in the open Commission on this 28^th June,2024.