Adv. For the Complainant: - Sri S.B.Sahu
Adv. For O.P :- Self
Date of filing of the Case :- 22.04.2019
Date of Order :- 26.11.2019
JUDGMENT
Sri A.K.Purohit, President
1. The case of the complainant is that, he had purchased a Activa 5G STD vehicle from the O.P. 1 on dated 24.7.18 and paid the consideration amount vide Tax Invoice No. OR 12000118V01268 dated 24.7.18. According to the prevailing law in force the complainant had paid the registration fee along with the insurance amount to the O.P.1 and fulfills all formalities for registration of the vehicle. In turn it is the duty of the dealer to registered the vehicle before the registering authority. Accordingly the vehicle of the complainant was registered before the O.P.2 and after registration the complainant found that there is missing of his name in the registration certificate and in the smart card to which the complainant requested the O.Ps. for correction of the same but the O.Ps. have did not corrected the same till filing of this case. Hence the complainant has preferred this case for necessary direction and claims compensation for the harassment he has suffered due to the negligent act of the O.Ps.
2. O.P.2 entered appearance and contested the case by filing his written version. Although notice has been served on O.P.1 neither he appears nor choose to file his version, and hence he was set experte vide order dated 23.5.19. According to the O.P.2 , the registration certificate No. OD-03M-5022 was issued in favor of the complainant as per the data supplied by the dealer at the time of online tax collection and due to the wrong entry of data by the dealer there was mistake in the certificate which was duly intimated to the dealer for correction of the name of the owner in VAHAN data base and to pay the required fee. After observing all formalities the corrected RC book and smart card has already been sent to the complainant by post. The O.P.2 claims no deficiency in service on his part.
3. Heard the complainant and the O.P.2. Perused the complaint petition written version and documentary evidence available on record. In support of his case the complainant has filed Xerox copy of purchase bill, tax invoice, RC book, smart card and warranty registration card. In support of his case the O.P.2 has filed the copy of dispatch letter of the corrected registration certificate to the complainant.
4. It is evident from the purchase bill filed by the complainant that he had purchased a Activa 5G STD vehicle from the O.P.1 on dated 18.7.18. and paid the consideration amount. It is also evident from the Registration Certificate and from the version O.p.2 that, the registration of the said vehicle has done by the O.P. 1 through online process under VAHAN data base system. It is also evident from the RC book that the O.P.1 has supplied a faulty registration certificate to the complainant wherein there is missing of the name of the complainant. The O.P. 2 has also admitted in his written version that, a faulty registration certificate was issued as per the data supplied by the dealer in the prescribed form through online process. All these evidence available on record shows that the complainant has proved that he was supplied with a defective registration certificate.
5. The material available on record shows that after sell of the vehicle the dealer O.P.1 has applied for registration of the vehicle through online process in the prescribed format and as per the data supplied by the dealer the registering authority has issued the certificate after observing all formalities. It is also seen from the written version filed by the O.P.2 that, he had requested the dealer O.P.1 to resubmit the application in Form-21. Therefore it is evident from the material available on record that, due to the negligent act of the O.P.1 the registration certificate was not corrected till the filing of the case. The correction has been done only after the filing of this case.
6. It is mandatory under Law that, the owner of a vehicle cannot run the same without a registration certificate. In this case although the complainant has paid all the fees to the dealer for registration of the vehicle, he is not able to run the vehicle since the date of purchase due to the faulty registration certificate. Hence the O.P.1 is duty bound to supply the correct registration certificate to the complainant. The supply of faulty certificate to the complainant amounts to deficiency in service on the part of the O.P.1.
7. Deficiency as defined in Sec.2(g) of the C.P.Act is “ Deficiency means any fault, imperfection, shortcoming or inadequacy in the quality nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service” In the present case the O.P. 1 has received all the fees but has not taken care for supply of a correct registration certificate which is a fault of the O.P.1 .
8. Under the aforesaid discussion and material available on record it is concluded that due to the negligent act of the O.P.1 the complainant was issued with a faulty certificate for which he is not able to use the vehicle. The O.P.1 has also not taken any care for correction of the certificate after receiving the information from the complainant for which the complainant is debarred from enjoying the vehicle which he has purchased and hence the complainant is entitled to compensation. It is seen from the document filed by the O.P.2 that the corrected registration certificate has already been sent to the complainant for his vehicle OD-03M-5022 through registered post vide postal receipt EO439595505IN. Hence no further direction for issuance of corrected certificate is required. Hence:-
ORDER
The O.P.No.1 is directed to pay Rs. 50,000/- ( Fifty thousands ) to the complainant towards compensation and cost within one month from the date of receipt of this order failing which the amount shall bear an interest @ 9% P.A. till realization.
Accordingly the case is disposed of.
Pronounced in the open Forum to-day i.e the 26th day of November’ 2019.
Sd/- Sd/- (S.Rath) (A.K.Purohit)
MEMBER. PRESIDENT
