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

                                                                                       JUDGMENT

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

            “Direct the opposite parties to supply the original invoices, copy of the loan agreement and repayment schedule and insurance papers, opposite party No.1 is liable to pay all the dues to the opposite parties No.2 & 3 in the loan account of the complainant and alternatively the opposite parties are to close the loan a count”.

            The brief fact of the case is that the complainant purchased an Auto Rickshaw from opposite party No.1 in first week of December, 2017 and paid the down payment of Rs.63,000/- and rest amount financed by opposite parties No.2 & 3 without giving any copy of the loan agreement, details of the cost of the vehicle, down payment amount received from the opposite party No.1 and finance amount etc. In the month of August, 2018 opposite parties No.2 & 3 fled away with the vehicle and never returned back without giving any seizure notice to the complainant demanding any default amount. The complainant came to know from the notice issued on behalf of the opposite party No.2 & 3 by one Mr. Nirup Kumar Behera, advocate dtd.01.02.2019 that the agreement executed with them is on 28.12.2017. The said notice further reveals that the opposite parties No.2 & 3 have sold the new auto rickshaw value of Rs.2,00,000/- for only Rs.20,000/- which was seized within eight months from the date of purchase. The complainant received the registration certificate from the office of the RTO, Cuttack and the registration certificate reveals that the auto rickshaw has been registered on 16.8.2019 bearing Regd. No.OD 05AK 2296 and onetime tax of Rs.10,032/- has been paid. The R.C. was received by the complainant in September, 2018 almost after ten months from the date of availing the loan and taking delivery of the said auto rickshaw.

            Opposite parties No.2 & 3 filed written version stating as under;

            The complainant has taken loan amount of Rs.1,41,000/- on 28.12.2017 executing valid loan papers and took the auto rickshaw from opposite party No.1, with respect to registration charges, insurance etc. the complainant and opposite party No.1 are responsible. The complainant defaulted in payments of the installments as such the complainant was issued with repeated reminders and the opposite parties had taken possession of the vehicle on 03.5.2018 for which opposite parties issued notice for settlement on 24.5.2018 through Regd. Post to which the complainant has not responded and slept over the matter as such the opposite parties auctioned on 20.6.2018 sold the vehicle for the best available market price of Rs.20,000/- and credited the sale proceed in the loan account of the complainant and the complainant is required to pay the outstanding dues, the notice of the same has been given on 24.10.2018. The complaint regarding appointment of Arbitrator in the agreement being there the complainant is not entitled to proceed in this Commission.

            The opposite party No.1 i.e. the dealer of the vehicle who has sold the vehicle has not appeared in this proceeding. As per section 41 of Motor Vehicle Act, 1988 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).

            The opposite parties No.2 & 3 have not given sufficient opportunity to complainant and sold the vehicle in throw away price of Rs.20,000/- only which is less than 10% of the cost of vehicle for which we deprecate the action of opposite parties No.2 & 3 and award compensation towards mental agony which is equivalent to the remaining loan amount, so that the opposite parties are debarred to ask the complainant for any amount

            The opposite parties No.2 & 3 being financer cannot say that it is the sole responsibility of opposite party No.1 to register the vehicle. Opposite parties No.2 & 3 have financed the vehicle and it is registered with RTO and hypothecated with them as such it is the responsibility of opposite parties No.2 & 3 to see that the vehicle was registered. But admittedly there is delay in registration of vehicle which is gross indiscipline and violates the rights of consumer and amounts to unfair trade practice for which we award cost of Rs.50,000/- (Rupees fifty thousand) on opposite party No.1 for not registering the vehicle immediately after selling it to complainant as stipulated in rule cited above. The opposite party No.1 shall pay the amount to complainant within 45 days of receipt of order. With the aforesaid observation and direction the consumer complaint is disposed of.