Orissa

Jagatsinghapur

CC/76/2020

Khetrabasi Jena - Complainant(s)

Versus

New Durga Motors - Opp.Party(s)

Mr.R.Mohanty

29 Sep 2022

ORDER

                                                                                       JUDGMENT

 

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;

            “Direct the opposite party No.1 to supply all the necessary papers including R.C. Book and opposite party No.2 be directed to supply the copy of loan agreement and also opposite parties may be  directed to pay Rs.3,00,000/- jointly and severally for loss of income and pay Rs.1,00,000/- towards mental agony and harassment and Rs.10,000/- towards litigation”.

            Complainant on payment of Rs.1,25,000/- as down payment the opposite party No.1 delivered one Tractor (Swaraj Tractor 744 FE) manufactured by Mahindra & Mahindra Ltd. Swaraj Division having Chassis No.WSCF40606174802 and Engine No.43.1024/SYG18149 by paying Rs.1,25,000/- and the EMI was fixed as Rs.13,800/- and the vehicle was financed by L & T Finance, Cuttack Branch (O.P. No.2). The vehicle was delivered to the complainant by opposite party No.1 vide invoice No.R-99 dtd.04.12.2017 to the complainant and the complainant has been paying the installments regularly as opposite party No.2 to 4 are pressing hard to repay the loan. The opposite party No.1 has delivered the vehicle without registering the same which violates the statutory provisions of Motor Vehicle Act (Registration Provision in RTO) under that provision the vehicle cannot be allowed to cross the boundary of showroom of the opposite party No.1 without registration and insurance. It is the sole responsibility of the dealer (O.P. No.1) to sell and  registered the vehicle and insured it but the opposite party No.1 has failed in his duty to comply the same rather he has kept the documents as a result the complainant could not register the vehicle and it is lying idle.

            In this context relevant portion of Section 41 of Motor Vehicle Act, 1988 is quoted below,

            S.41.Registration,how to be made.-(1)An application by or on behalf of the owner of a motor vehicle for registration shall be in such form and shall be accompanied by such documents, particulars and information and shall be made within such period as may be prescribed by the Central Government.

            Provided that where a motor vehicle is jointly owned by more persons than one, the application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of the motor vehicle for the purposes of this Act.

            (Provided further that in the case of a new motor vehicle, the application for registration in the State shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same state in which the dealer is situated)

            It is not at all disputed that the vehicle was purchased from opposite party no.1 and it was to be registered within the State and opposite party No.1 has failed in his duty to register the vehicle is complete violation of Section 41 as quoted above.

            Notice was issued to opposite party No.1 & 2 on 04.3.2020 and thereafter on the prayer of complainant opposite party No.3 & 4 were added as opposite parties and issued notice to them by Regd. Post on 22.9.2021 but none of the opposite parties appeared and all were set ex-parte on 25.5.2022.

            Since the opposite party No.1 has failed to register the vehicle with the RTO, we held the opposite party No.1 is negligent in his duty in registering the vehicle and insuring the vehicle which is gross deficiency in service as such we direct the opposite party No.1 to register the vehicle and insure vehicle immediately bearing the entire cost of registration and insurance for such deficiency in service. We impose cost of Rs.50,000/- on opposite party No.1 for harassment and mental agony and Rs.5,000/- as cost of litigation to be paid to complainant within 45 days from the date of passing of the order. Opposite party No.2, 3 & 4 shall not press hard to repay the loan and repossess the vehicle at least for six months after registration of vehicle. 

           

            Pronounced in the open Commission on this 29^th Sept., 2022.