1. Brief fact of the case of the complainant is that on 27.10.2018 he purchased one Honda Unicorn Motorcycle from O.P.No.1 vide invoice no. OR01000318V04984 with consideration of Rs. 87,507/- with a condition to obtain only the temporary registration and for that he paid only Rs. 280/- vide their receipt no. PGL/Cash/7714/2018-19 dated 27.10.2018 mentioning that “received against Uni150 red & Tr – Malkangiri @ Rs. 280/- with an assurance to receive only the temporary registration so that he will get register his vehicle with RTO, Malkangiri.It is alleged that at the time of delivery of the alleged vehicle he received only Tax Invoice, cash receipt and insurance certificate, but to his utter surprise, he received the permanent registration certificate from the RTO, Bhubaneswar – 2 having the Regd. No. OD-33-U-9606.While on contact with the O.Ps, he was assured by the O.Ps that they will cancel the said registration and will the temporary registration certificate (TRC) and deliver the same to him.Further it is alleged that several times he contacted with the O.Ps but every efforts got in veined.Thus alleging deficiency in service and unfair trade practice he filed this case with a prayer to direct the O.Ps to cancel the permanent registration certificate from the concerned RTO and to make necessary arrangement for registration of the alleged vehicle at RTO, Malkangiri and to pay him Rs. 50,000/- and Rs. 20,000/- towards compensation and costs of litigation.
    
2. The O.Ps have appeared and filed their joint counter through their Ld. Counsel denying the allegations of the complainant contending that as per the instance of the complainant, the alleged vehicle was registered at RTO-II, Bhubaneswar.  Further they have contended that the RTO-II, Bhubaneswar is necessary party in this case, as the complainant has signed the documents under RTO – II, Bhubaneswar for registration and with other contentions, they prayed to dismiss the case.
    
3. Complainant filed certained documents in support of his allegations,  such as  (i) copy of receipt dated 27.10.2018 showing the payment of Rs. 280/- received towards temporary registration, (ii) copy of R.C., (iii) copy of tax invoice vide no. OR1000318V04984 dated 27.10.2018, (iv) copy of insurance policy vide policy no. 3005/2011448423/00/0000007150 dated 27.10.2018, (v) copy of invoice for payment towards accessories. Whereas the O.Ps did not choose to file any supportive documents to prove their contentions.Perused the case record ad material documents available therein.
    
4. During hearing only complainant was present, whereas the O.Ps did not choose to participate in the hearing inspite of repeated adjournments given to them, as such we heard only from complainant.
    
5. From the record, it is well ascertained that there is no disputes regarding sale of alleged vehicle to the complainant and also no dispute regarding issue of permanent registration certificate under the RTO – II, Bhubaneswar. The only allegation of complainant is that he paid Rs. 280/- only for obtaining temporary registration so as to register the alleged vehicle under RTO, Malkangiri, and the O.Ps have performed the procedure to obtain the permanent registration certificate from RTO – II, Bhubaneswar without his consent and knowledge, whereas the submission of O.Ps is that as per instance of complainant, the vehicle was registered under RTO – II, Bhubaneswar. Now the question arose whether the complainant instructed the O.Ps to obtain permanent registration certificate from RTO – II, Bhubaneswar ?
    
6. We have gone through the documents filed by the complainant i.e. copy of receipt dated 27.10.2018 showing the payment of Rs. 280/- received towards temporary registration, from which it is clearly evident that the complainant has paid only Rs. 280/- towards obtaining temporary registration but have not paid any further amount towards obtaining permanent registration certificate from RTO – II, Bhubaneswar.  Whereas the O.Ps have not filed any single document to prove their contentions that as per instance of complainant the permanent registration certificate was obtained. Hence without documentary evidence the oral submission of O.Ps cannot be believable.
   
   Further the contentions of O.Ps is that complainant himself approached RTO – II, Bhubaneswar for registration of his vehicle, is only an imaginary thoughts, because of as per the guidelines of Govt., the registration documents should be filled up by the dealer and to be submitted before the RTO and customers are not required to be present before the RTO if the vehicle will get registered under the same RTO.Further the complainant during hearing submitted that he has never been to the office of RTO – II, Bhubaneswar, and the said versions of complainant is also not challenged by the O.Ps. Hence we do not think the contentions of O.Ps contain any truth.
   
   Further the O.Ps have not filed any single documents to show that the as per the instance of complainant, the vehicle was registered under RTO – II, Bhubaneswar, hence we think, the O.Ps have fraudulently registered the alleged vehicle under RTO – II, Bhubaneswar without the consent and knowledge of complainant, which in our view, is deficiency in service on the part of the O.Ps. Further it is ascertained from the submissions of complainant, that due to such fraudulent activity of O.Ps, definitely, the complainant would have suffered mental agony and physical harassment, which compelled him to seek redress before the Fora.Hence this order.

ORDER

        The complaint petition is allowed in part.  The O.Ps jointly and severally liable to arrange cancellation of the permanent registration of the alleged vehicle from the RTO – II, Bhubaneswar at their own costs and provide such cancellation order from RTO – II, Bhubaneswar to the complainant so as to get the alleged vehicle be registered with RTO, Malkangiri.  Further the O.Ps are jointly herewith directed to pay Rs. 20,000/- towards compensation for causing mental agony and physical harassment and Rs. 2,000/- towards costs of litigation.  All the directions should be complied within 30 days from the date of receipt of this order, failing which, the compensation amount shall carry interest @ 10% p.a. from the date of this order till payment.

        Pronounced in the open Forum on this the 27^th day of December, 2019.

        Issue free copy to the parties concerned.