Chandigarh

DF-I

CC/521/2022

Surender Malik - Complainant(s)

Versus

Krishna Automobiles - Opp.Party(s)

Akash

19 Jun 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/521/2022
Date of Institution	:	17/05/2022
Date of Decision	:	19/06/2024

 

1. Deepali W/o Surender Malik

2. Dushyant S/o Surender Malik

3. Prerna D/o Surender Malik

All are residents of H.No.575, Railway Road, Advocate Colony, Ward No.19, Hansi, Hisar-125033.

… Complainants

 

VERSUS

 

1. Krishna automobiles, having its office at 125, Industrial area, Phase 1, Chandigarh Through its Authorized Signatory.

2. Chandigarh Administration Through its Department of Transport, Office at Regional Licensee Authority and state transport authority, sector-17, Chandigarh. (OP No.2 deleted vide order dated 15.09.2022).

3. The State transport commissioner, Department of Transport, Government of Haryana, 2nd floor, bridge market, sector-17, Chandigarh.

 Opposite Parties

 

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh.Akash, Advocate for Complainant.
	:	Sh.Jagvir Sharma, Advocate for OP No.1 (through VC).
	:	OP No.2 deleted vide order dated 15.09.2022.
	:	OP No.3 ex-parte.

Per Suresh Kumar Sardana, Member

1.      Averments are that the complainant (since deceased) had purchased BMW car for a sum of Rs.76,01,351/- from OP No.1 on 24.09.2021. It is submitted that in order to purchase the vehicle, the credit facility was availed by the complainant from the Bank of Baroda having its branch at Hansi, District Hisar, Haryana. At the time of delivery, the OP issued a temporary No.T-0921-CH-0679B (Ex.C-1), the validity of the same has been shown for a period of 6 months starting from 24.09.2021 to 23.03.2022. has been shown for a period of 6 months starting from 24.09.2021 to 23.03.2022. Upon taking delivery of the said vehicle, the complainant contacted the concerned firm (OP) numbers of time for releasing/sending of documents to enable the complainant to register the vehicle. In between the complainant had applied for Fancy Number with the department of Transport, State of Haryana having its office at Chandigarh. The complainant paid an amount of Rs.1,30,000/- for obtaining the fancy number i.e., HR-16-Z-0008 (Ex.C-2). The OP has forwarded the relevant documents to the complainant through DTDC courier on 25.10.2021 i.e., after delay of one month (Ex.С-3). The complainant approached the concerned authority for registration of vehicle who levied interest of Rs.14,540/- (on delayed Payment) along with Rs.1,89,750/- as fine payment for registration of the vehicle as the vehicle is required to be registered within one month from the date of issuance of Temporary Number (Ex.C-4). The matter was brought to the notice of the OP Company stating therein that on account of registration of vehicle beyond the period of 30 days, penalty/interest is being imposed upon the complainant, whereas the temporary number issued was for a period of 6 months. Initially the OP company sought time to resolve the issue at the level of the dealership, but thereafter no fruitful purpose was served and no concern has been showed from the side of the OP. Hence, is the present consumer complaint.

         At the very outset, it is pertinent to mention that during the pendency of the present case Sh.Surender Malik (Complainant) died on 09.06.2023 and vide order dated 05.07.2023 his legal heirs i.e., present complainants, were ordered to be brought on record.

2.     OP No.1 contested the consumer complaint, filed its written reply and stated that the validity of the certificate Exhibit C-1 has been shown for a period of 6 months starting from 24.09.2021 to 23.03.2022. The exhibit C-1 is computer generated document made available to the dealership by the Chandigarh Administration and at no point of time, the complainant was advised by the dealership not to approach the vehicle registration authority after receiving the documents from the dealership. The complainant was interested in a fancy number as alleged by the complainant himself in Para 9 of the complaint. He has paid the amount of Rs.1 lakh on 26-11-2021 at Chandigarh to the State of Haryana. The plain reading of the validity shown in the certificate Exhibit C-1 cannot be construed as time period for registration of the vehicle is six months. The plain meaning of Exhibit C-1 is that the temporary Registration certificate is valid for six months only i.e., from 24-09-2021 to 23-03-2022 as it has been registered temporarily on 24-09-2021. From this temporary registration certificate, the complainant has never been assured to get his vehicle registered with a permanent number with the registering authority under the Motor Vehicles Act upto a period of six months from the date of issuance of the temporary certificate of registration. Therefore, the present complaint is liable to be dismissed on this ground also. The validity of the certificate for six months is only because of the prevailing situation due to Covid-19 as there was restricted entry of public in the government offices and therefore, in the eventuality of any delay in the issuance of registration certificate, the temporary number issued would be deemed to be valid for six months from the date of its issuance. Therefore, the present complaint is liable to be dismissed being not maintainable. On these lines, the case is sought to be defended by OP No.1.
3.     Though reply on behalf of OP No.2 was filed, but vide order dated 15.09.2022 of this Commission its name was deleted from the array of OPs.
4.     OP No.3 contested the consumer complaint, filed its written reply and stated that as per the Motor Vehicles Act, 1988, registration of a vehicle is mandatory. No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with the Chapter IV of the Motor Vehicles Act, 1988. Section 43 of the Motor Vehicles Act, 1988 provides that certificate of temporary registration is issued for a period of one month at the time of sale of vehicle. However, the Central Government vide notification dated 31.03.2021 has made amendment/substitution in various rules of Central Motor Vehicles Rules. It is clear that temporary registration certificate shall be valid for six months for which the answering OP has not charged any extra fees/penalty on the new registration of the vehicle (Ex.C-4). The complainant has purchased the vehicle on 24.09.2021 and came for registration of the vehicle on 26.11.2021, hence, answering OP has legally charged the penalty and interest as fine due to non-deposit of motor vehicle tax within prescribed time under the Haryana Motor Vehicles Taxation Act, 2016. On these lines, the case is sought to be defended by OP No.3.

         None has turned up on behalf of OP No.3, hence OP No.3 is proceeded against ex-parte vide order dated 17.11.2022.

5.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
6.     Parties led evidence by way of affidavits and documents.
7.     We have heard the learned counsels for the parties and gone through the record of the case.
8.     The main grievance of the complainant (since deceased) is that due to handing over/issue of wrong certificate of temporary registration by the OP No.1, he had to pay a fine of Rs.1,89,750/- and an interest of Rs.14,540/- (on delayed payment). We have perused Annexure C-1, a certificate of temporary registration handed over by the OP No.1 to the complainant (since deceased). A portion of the letter is reproduced here below:-

    “Under the provisions of section 43 of the Motor Vehicles Act 1988, the vehicles described above has been Temporarily Registered on 24-Sep-2021 and the Temporary Registration is valid from 24-Sep-2021 to 23-Mar-2022.”

         By plain reading, it is clear that temporary RC is valid from 24.09.2021 to 23.03.2022. Any person after reading the same shall gain the impression that he can approach the competent authority for permanent registration during this period or upto the last date as mentioned above i.e., 23.03.2022. 

9.     On perusal of the documents on record, it is observed that the husband of complainant No.1 and father of complainant No.2 & 3(since deceased) had approached the registration authority well within the said period, as advised by OP No.1. Due to the wrong advice of OP No.1 to the husband of complainant No.1 and father of complainant No.2 & 3 (since deceased) had to pay a penalty of Rs.1,89,750/- & interest of Rs.14,540/-, totaling of Rs.2,04,290/-. In view of the above discussion, the OP No.1 is deficient in providing service.
10.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OP No.1 is directed as under :-

1. to refund an amount of ₹ Rs.2,04,290/- to the complainants alongwith interest @ 9% per annum (simple) from the date of filing of this complaint onwards.
2. to pay an amount of ₹10,000/- to the complainants as compensation for causing mental agony and harassment to them.
3. to pay ₹7000/- to the complainants as costs of litigation.

11.     The consumer complaint against the OP No.2 deleted vide order dated 15.09.2022. The consumer complaint qua OP No.3 stands dismissed with no order as to costs.
12.     This order be complied with by the OP No.1 within a period of 45 days from the date of receipt of certified copy thereof, failing which the amount(s) mentioned at Sr.No.(i) & (ii) above shall carry penal interest @ 12% per annum (simple) from the date of expiry of said period of 45 days, instead of 9% [mentioned at Sr.No.(i)], till realization, over and above payment of ligation expenses.   
13.     Pending miscellaneous application, if any, also stands disposed of.
14.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
19/06/2024			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member
			Sd/-
			[Suresh Kumar Sardana]
			Member