Complainant M/s.CBA Infotech has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to pay Rs.25,000/- for causing mental and physical harassment, Rs.25,000/- as litigation expenses and Rs.40,000/- paid by complainant on Taxi and Cab due to negligent act of opposite party and Rs.5609/- which was lastly paid by the complainant to the opposite party as extra amount then demanded from complainant, in the interest of justice.

2.        The case of the complainant in brief is that complainant is running an institute in the name and style of M/s.CBA Infotech at Kalanaur Road, Gurdaspur. He purchased a New Car Maker Honda Amaze from opposite party no.1 on 07.11.2018 and paid the price including documentation and registration certificate. He was assured that RC of the car will be delivered within three months positively. He visited the office of opposite party no.1 for five times in the past months by Taxi, Cab and also registered a complaint in the office for the delayed of RC. He also sent E-mail to the opposite parties on 01.01.2019 regarding the RC of Honda Amaze. He forced to use Taxi, Cab which has cost to him around Rs.30,000/- to Rs.40,000/-. He has next pleaded that on 4.2.2019, the opposite parties sent a E-mail to him in which it was written that the Government of Punjab increased 1% cess on road Tax and it is effective from 22nd October, 2018, but at the time of purchase of the Car, opposite party no.1 never told this fact to the complainant, rather gave assurance that RC will be handed over shortly to the complainant. He paid the amount as per the demand of opposite parties. Thereafter he being a senior citizen due to delay of RC has caused unfortunately lot of stress as the complainant cannot drive his own car even around the city without the RC as the Police is quite rude and might fine complainant in the absence of RC.  He under compelling circumstances deposit a sum of Rs.5609/- to opposite parties for taking the RC of his Car. The opposite parties have causes great mental stress and harassment both mental and physical to the complainant unnecessarily and the complainant was also compelled to spent huge amount for his travel in Taxi and Cabs due to his business activities and for which the opposite parties are liable to pay the compensation to the tune of Rs.25,000/- for causing mental and physical harassment, Rs.25,000/- as litigation expenses and Rs.40,000/- paid by complainant on Taxi and Cab due to negligent act of opposite parties and Rs.5609/- which was lastly paid by the complainant to the opposite parties as extra amount then demanded from the complainant. Thus, there is clear cut deficiency in service on the part of the opposite parties. Hence this complaint.

 3.          Notice of the complaint was issued to the opposite parties. Opposite party no.1 appeared through its counsel and filed its written reply taking the preliminary objections that the complainant purchased a new Honda Amaze Car 1.2 VX MT (IVTEC) 4005614 from the complainant vide invoice no.GST/1826/18-19 model for Rs.7,22,200/- on 07.11.2018. The complainant requested to the opposite party no.1 that he wanted to register his vehicle with a special registration number and told to the opposite party no.1 that they would apply online registration after his instructions. On 9th November 2018, the complainant requested to the opposite party no.1 for registration of said vehicle on line and the registration was applied well in time after following the process of registration of vehicle on the Dealer Registration Point Portal authorized by the Govt. of Punjab. The Department of Transport issued a receipt/Appl No.PB6D181100000659/PB18110935590734 dated 09.11.2018 in this respect. The complainant has opted to obtain special number of his choice other than the routine sequence/series going on at that time. The complainant approached in the office of RTA Gurdaspur and remitted fees for seeking special registration number i.e. PB-06-AS-4545, as per his choice, whereas there was running another series of registration at that time. The opposite party no.1 had completed all the requisite formalities for the portal and registration charges were also deducted on the portal and the provisional registration certificate was handed over to the complainant on 10.11.2018 and the hard copies of all the necessary documents were submitted to RTA Gurdaspur. The further necessary process was to be completed by the Regional Transport Office Gurdaspur and it was also briefed to the complainant time and again.  It was next submitted that while the

Registration was in process with RTA Gudaspur, the opposite partyno.1 received a communication from Regional Transport Authority, Gurdaspur bearing notification no.STC-G(A-T)/181866-181922 dated 16.11.2018, vide which it has been conveyed that  "all the vehicles sold on or after 22.10.2018 the registration charges will be levied @ 9% i.e. an increase of 1% in the registration charges. The official of opposite party no.1 approached RTA Gurdaspur and then it was informed that processing of all the RC's are put on hold with abovesaid new directions of State of Punjab. The opposite party no.1 immediately deposited online 1% amount of Rs.5609/- as per the directions of RTA Gurdaspur on 19.12.2018 from its own and conveyed about the same to the complainant on his mobile phone. The Smart Card RC handed over to the complainant on 15.2.2019 and the complainant paid an amount of Rs.5609/-, on 22.2.2019 (i.e. 1% RC fee deposited by the opposite party no.1 to the RTA Gurdaspur). There is no deficiency of service on the part of the opposite party no.1. In view of the above the complainant has filed a false and frivolous complaint which is not maintainable and is liable to be dismissed.  It was next submitted that on 7.11.2018 the opposite party no.1 was registered another registration number in the name of Dr.Taqdir who purchased new vehicle on 7.11.2018 and he was allotted registration number PB-06-AT-4614, which shows about current series of R.C. at that time by the RTA Office, Gurdaspur when the RC of complainant was applied. The delay if any, for R.C. of the vehicle of the complainant is on the part of RTA Gurdaspur. The RTA, Gurdaspur can very well explain the delay for making RC by its office. The RTA office is necessary party in the present case and in the absence of necessary party the complaint is not maintainable and is liable to be dismissed. On merits, it was submitted that after submission of the registration papers before the office of  RTA Gurdaspur and while the Registration was in process with RTA Gudaspur, the opposite partyno.1 received a communication from Regional Transport Authority, Gurdaspur bearing notification no.STC-G(A-T)/181866-181922 dated 16.11.2018, vide which it has been conveyed that  "all the vehicles sold on or after 22.10.2018 the registration charges will be levied @ 9% i.e. an increase of 1% . The opposite party no.1 approached RTA Gurdaspur and then it was informed that processing of all RC's are put on hold with abovesaid new directions of State of Punjab. The opposite party no.1 immediately deposited online 1% amount of enhanced registration tax i.e. Rs.5609/- as per the directions of RTA Gurdaspur  on 19.12.2018 from its  pocket and conveyed the complainant on his mobile phone. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed.

4.       Opposite party no.2 appeared through its counsel and filed its written reply taking the preliminary objections that there is no privity of contract between the complainant and the opposite party no.2; the present complaint is bad for mis-joinder of opposite party no.2 in the present complaint as the complainant has impleaded opposite party no.2 without any cause of action against opposite party no.2; the complaint deserves dismissal on the ground that there is no cause of action against opposite party no.2 and in favour of the complainant; there is no fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance of the opposite party no.2 towards the complainant and the complainant without any cause of action against the opposite party no.2 has filed the present frivolous case the opposite party no.2 has its registered office in Noida, U.P. and no cause of action against opposite party no.2 has arisen under the territorial jurisdiction of this Hon'ble Commission at Gurdaspur. On merits, it was submitted that the opposite party no.2 has it's registered office in Noida,U/.P. and no cause of action against opposite party no.2 has arisen under the territorial jurisdiction of this Hon;ble Commission at Gurdaspur. Thus,the complaint deserves dismissal against opposite eparty no.2, on this ground alone. . All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed.

5.     Alongwith the complaint, complainant has filed her own affidavit Ex.CW-1  alongwith other documents Ex.C-1to Ex.C-10.

6.      Opposite party no.1 has filed written reply alongwith affidavit of Sh.Manish Poddar Managing Director, Parkash Honda Ex.OP-1/A alongwith other documents Ex.OP-1 to Ex.OP-7.

7.      Opposite party no.2 has filed written reply alongwith affidavit of Mr.Mangadan Kamanat Bipin, Manager Legal.

8.         Written arguments have been filed on behalf of opposite party no.1.

9.         We have carefully gone through the pleadings of counsels for the parties; oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purposes of adjudication of the present complaint.

10.     As narrated above, the complainant alleged delay in delivery of registration certificate of newly purchased car from opposite party and also demanded refund of additional amount deposited of Rs.5609/- (Ex.C-7). The said vehicle was purchased by the complainant on 7.11.2018 (Ex.C-9).

11.     Opposite party in their reply stated that the provisional registration certificate was handed over to the complainant on 10.11.2018 and the smart card R.C. has been handed over on 15.2.2019. Regarding delay, it has been further pleaded that the registering authority put the issue of R.Cs on hold due to increase in the registration charges by 1% subsequently. The required amount of 1% increase i.e. Rs.5609/- was deposited by the opposite party on 19.12.2018 with the registering authority. It has also been pointed out by the opposite party that the complainant has opted to obtained special number of his choice.

12.     In view of the above facts of the case, we are of the considered opinion that there is no deficiency in service on the part of the opposite party regarding delayed issue of registration certificate of said vehicle whereas it was on the part of the registering authority due to increase in the registration charges and other procedure to  issue special number.

13.    As far as refund of Rs.5609/- is concerned this amount has been deposited by opposite party with the registering authority on behalf of the complainant due to increase in the registration charges. 14.     Hence, we find no merit in the present complaint and the same is hereby dismissed with no order as to costs.

15.           The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

16 .   Copy of the order be communicated to the parties free of charges. File be consigned.                                                                                                                                                     

            (Kiranjit Kaur Arora)

                                                                                   President   

Announced:                                               (Bhagwan Singh Matharu)

February 15, 2023                                                         Member

*MK*