Andhra Pradesh

Chittoor-II at triputi

CC/65/2018

A.Kanagathara, W/o B.Anjaneyulu, Age 60 years - Complainant(s)

Versus

R.K.Enterprises, Rep. by its Manager - Opp.Party(s)

N.Ananda Kumar, M.Jayachandra Reddy

22 Nov 2019

ORDER

         

 

                                                                                                Filing Date: 22-10-2018                                                                                                                                                                                       Order Date: 22-11-2019

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, CHITTOOR AT TIRUPATI.

Present: -  Sri.T.Anand, President (FAC)

                                                                                                Smt.T.Anitha, Member

 

 FRIDAY THE TWENTY SECOND DAY OF NOVEMBER, TWO THOUSAND AND NINETEEN

 

C.C.No.65/2018

Between

A.Kanagathara, W/o. B.Anjaneyulu,

Aged about 60 years, D.No.1-6-631,

Indira Nagar, Tirupati,

Chittoor District.

Aadhar No.8760 2454 7384,

Mobile No.880177040.                                                                 … Complainant

 

And

The R.K.Enterprises, represented by its Manager,

No.11-1/1, Opp.RK Hyundai Show Room,

Near TTD Arch, Renigunta Road,

Tirupati, Chittoor District.                                                           … Opposite party

 

        This complaint coming on before us for final hearing on 08.11.2019 and upon perusing the complaint and other relevant material papers on record and on hearing of Sri.N.Ananda Kumar & Sri. M.Jaya Chandra Reddy, counsels for the complainant and Sri.G.Guru Prasad, counsel for the opposite party  having stood over till this day and for consideration, the Forum made the following.

ORDER

DELIVERED BY SMT. T. ANITHA, MEMBER

ON BEHALF OF THE BENCH

        This complaint is filed by the complainant under section 12 of the Consumer Protection Act 1986, complaining the deficiency in service on part of the opposite party and prayed this Forum to direct the opposite party to pay a sum of Rs.1,00,000/- towards compensation for mental agony and deficiency in service caused by the opposite party to the complainant and to pay costs of  the litigation.

          2.The brief facts of the case are:  the complainant purchased a Motor Cycle YAMAHA R-15.S (Red & White), Chasis No- MEIRG0621J0057233, ENGINE NO-G37E0147582 from opposite party and paid Rs.1,33,000/- towards sale consideration on 10.02.2018 and on the same day the said motorbike was delivered to the complainant. The complainant further submits that, the sale consideration includes vehicle tax, insurance charges, registration charges, life tax etc, later on submission of application No.AP103000792018 to the opposite party, the TR No-AP03 VT T/R0108 was released. But when the complainant went for the permanent registration of vehicle before the RTO, Tirupati, the motor vehicle inspector directed to pay life tax of Rs.6,000/- for which the complainant was shocked and made a phone call to the opposite party as she already paid total amount by cash to the opposite party which includes registration charges. But the opposite party gave evasive answers. The complainant further submits that, as per the AP Government Rules, the opposite party is responsible for the registration of the vehicle as the application was uploaded by them through online. Hence the opposite party is responsible if any mistakes are committed. Hence he approached the opposite party several times to rectify the problem, but the opposite party failed to take any steps to rectify the problem which shows the negligent attitude of the opposite party.  Hence due to negligence of the opposite party, the RTO, Tirupati has directed the complainant to pay Rs.6,000/- for registration which is nothing but deficiency in service on part of the opposite parties.

           3. The complainant further submits that, she caused legal notice to the opposite party on 16.04.2018. After receipt of the legal notice the opposite party gave reply notice and rectified the problem on 18.04.2018 and same was intimated to her on 19.04.2018, which clearly shows that, the opposite party admitted their negligence and deficiency in service in their reply notice and after receipt of the legal notice with in span of two days, they have rectified the problem and registration certificate was mailed to the complainant. This itself shows that there is clear deficiency in service on part of the opposite party towards the complainant. Hence she filed the present complaint.

         4. The opposite party made appearance and filed the written version by denying the allegations made by the complainant except admitting the sale of the vehicle to the complainant on 10.02.2018 and also receipt of the consideration of Rs.1,33,000/- from the complainant out of which Rs.10,800/- was paid for life tax to the RTO on 12.02.2018 for registration of the vehicle. The opposite party further submits that, as per the instructions of RTA, Tirupati, the dealer of the vehicle has to upload the application for registration of the motor vehicle through dealer office and forward the same to the concerned RTO and after verifying the application and other details of the owner, the RTO issue the RC in the name of the owner of the vehicle. Accordingly the opposite party uploaded the application of the complainant along with requisite documents and paid the life tax of Rs.10,800/- through online to the RTO for certificate of registration on 12.02.2018. The RTO issued TR (Temporary Registration) bearing No.AP-03-TT/R0108 in favour of the complainant. While so during the process for certificate of registration of the vehicle, the RTA website showed the payment of Rs.6,000/- towards life tax only. Such indication will appear in the system, when the owner is already owning another vehicle on her name and same was intimated to the complainant. But the complainant stated that, she has no other vehicle in her name prior to the purchase of present new vehicle. Hence the opposite party raised the ticket ( a method suggested by the Transport Department to Department of Transport, Vijayawada) No.0035237 dt: 28.02.2018 seeking their intervention to rectify the problem and also made several representations to the RTO, Tirupati. Finally the process was completed and registration certificate was sent to the complainant through E-Mail on 19.04.2018.

           5. The opposite party further submits that, they have not collected any money from the complainant to upload the application to the RTO through online. The opposite party duty was completed by uploading the application and further after verifying the records the RTO only has to issue Registration Certificate. Hence the complainant is not a consumer and the complaint is not maintainable against them and also the opposite party further submits that the complainant is well aware that, as she got a temporary registration for her vehicle and same was valid for running the vehicle on road and process was pending before the RTO, Tirupati. Hence immediately after receipt of the notice, they took steps to rectify the problem by sending representations to the RTO. Hence there is no deficiency in service on part of them and prayed this forum to dismiss  the complaint  against them.

         6.  The complainant filed her evidence affidavit and Ex: A1 to A6 were marked.  On behalf of the opposite party one V.Gopi, S/o. Srinivasa chary, Manager, R.K.Enterprises, filed his evidence on affidavit and Ex:B1 was marked. Both parties filed their written arguments and oral arguments were heard.

         7. Now the point for consideration is:-

           Whether there is any deficiency in service on part of the opposite party? If so, to what extent, the complainant is entitled for the reliefs sought for?

                   8.Point:-  Ex:A1 is the estimation slip issued by the opposite party to the complainant. Ex:A2 is receipt of Rs.2,000/- towards advance paid by the complainant to the opposite party dt: 02.02.2018. Ex:A3 is original receipt of Rs.1,33,000/- paid by the complainant to the opposite party on 10.02.2018. Ex:A4 is original receipt of delivery note issued by the opposite party on 10.02.2018. Ex:A5 is office copy of legal notice issued to the opposite party dt: 16.04.2018. Ex:A6 is copy of the reply notice issued by the opposite party dt: 02.05.2018 along with registration certificate etc. The opposite party got marked Ex:B1 photo copy of the details of the temporary registration charges paid to the A.P.Transport Department, Government of Andhra Pradesh through online on behalf of the complainant along with registration certificate.

                       9.The main case of the complainant is, she purchased a Motor Cycle YAMAHA R-15.S (Red & White), from opposite party by paying advance of Rs.2,000/- on 02.02.2018 and thereon paid total consideration of Rs.1,33,000/- to the opposite party  on 10.02.2018 and the vehicle was delivered by the opposite party to the complainant. The complainant further submits that, the above said amount which includes vehicle cost, insurance premium, vehicle registration charges and life tax etc. Later on submission of application, the temporary registration No.AP03 VT T/R0108 was released by the transport authorities. But when the complainant went for the permanent registration of the vehicle before the RTO, the vehicle inspector directed the complainant to pay life tax of Rs.6,000/- for which the complainant was shocked as she already paid the registration charges to the opposite party . Hence she made a phone call to the opposite party. But the opposite party gave evasive replies. The counsel for the complainant further stated that, as per the Andhra Pradesh Government Rules, the opposite party is responsible for the registration of the vehicle, as application details are uploaded by them through online to RTA Website. Hence the opposite party is responsible, if any mistakes or delay happened due to uploading of incorrect particulars to RTA website. But in the present case the opposite party is very much negligent to rectify the problem as they have not taken any steps to rectify the problem and uploaded false entries while entering the details of the complainant for the registration. Hence due to negligence of the opposite party, the complainant kept the vehicle without use since 10.02.2018 as there is no permanent registration certificate for the vehicle. The counsel for the complainant further stated that, after receipt of the legal notice under Ex:A5 which is after two months the opposite party rectified the problem. Hence there is clear deficiency in service on part of the opposite party towards the complainant.

                       10. The counsel for the opposite party stated that, after delivering the vehicle to the complainant on 12.02.2018, they have uploaded the application of the complainant and documents to the RTA website through online and paid life tax of Rs.10,800/- and RTO of Tirupati issued temporary registration No.AP03 VT T/R0108 in favour of the complainant. While so during the process of the registration of the vehicle, the RTA website was showing payment of Rs.6,000/- towards life tax. In this regard it is submitted that such indication comes when the owner is already owning another vehicle in her name. But the complainant stated that she has no vehicle prior to this vehicle. The counsel for the opposite party stated that, they raised ticket No.0035237 dt: 28.02.2018 seeking their intervention to rectify the problem and made several representations to the RTO, Tirupati and transport commission, Vijayawada to find out the solution for this problem and finally the opposite party also taken undertaking letter from the complainant, stating that she has no other vehicle except the present vehicle which was purchased from them and same was sent to the RTO, Tirupati. After representations and follow ups the registration certificate process was completed and the copy of registration certificate was sent to the complainant on 19.04.2018 by E-mail, hence there is no deficiency in service on their part and prayed the forum to dismiss the complaint.

                     11. The counsel for the opposite party submitted that, their duty is only to upload the application and forward the same to the RTO, Tirupati and remaining process i.e. verifying the records and issuing the certificate of registration of certificate to the complainant is responsibility of the RTO only. The counsel for the opposite party further submits that, due to software problem at RTO office, the software wrongly indicated that a life tax of Rs.6,000/- is payable by the complainant, but the problem was rectified by RTO after several representations made by them. Hence there is no negligence on part of them as they have taken steps to rectify the problem and prayed this forum to dismiss the complaint.

                      12. After perusing the records filed by both the parties, it is clear that there is no dispute regarding the purchase of the vehicle. In order to prove the same the complainant filed Ex:A3 the invoice dt: 10.02.2018 and the said vehicle was delivered to the complainant on the same day. The main case of the complainant is, she paid Rs.1,33,000/- on 10.02.2018 under Ex:A3 which includes vehicle cost, insurance of vehicle, registration and life tax and later on after submission of the application by the opposite party, the temporary registration was issued by RTA No.AP03 VT T/R0108. The complainant further stated that when she went for the permanent registration of the vehicle to the RTO, Tirupati, the motor vehicle inspector directed them to pay life tax of Rs.6,000/-. Then the complainant shocked and made a phone call to the opposite party as she has already paid total amount to the opposite party which includes life tax, insurance and registration charges, but the opposite party failed to give the suitable reply even after several requests made by the complainant.  It is the duty of the opposite party to rectify the problem as per the Andhra Pradesh Government Rules, the opposite party is responsible for the registration of the vehicle as the application was uploaded by them through online and the necessary charges were collected from the complainant and in course the opposite party is responsible if any mistake or delay occurs. But in this particular case, the opposite party has not taken any steps to rectify the problem, hence she caused a legal notice under Ex:A5 on 16.04.2018 to the opposite party. After receipt of the legal notice only the opposite party took steps to rectify the problem and same was rectified and on 19.04.2018 the permanent registration certificate was mailed to the complainant. But the counsel for the opposite party stated that their duty is only to upload the application and forward the same to the RTO, Tirupati and remaining process i.e. verifying the records and issuing registration certificate to the complainant has to be completed by the RTO only. But after receiving the information from the complainant they issued ticket No.0035237( a method suggested by the Transport Department to Department of Transport, Vijayawada) dt: 28.02.2018 seeking their intervention to rectify the problem and also they have made several representations to the RTO, Tirupati and transport commission, Vijayawada to find the solution for this problem. The opposite party also took undertaking letter from the complainant that she has no vehicle in her name prior to the present vehicle and same was sent to the RTO, Tirupati. After several representations and follow-ups, the registration certificate process was completed and copy of the registration certificate was sent to the complainant by E-mail on 19.04.2018. But in the present case when the duty was casts upon the opposite party to upload the application for the process of registration, they have to be very much cautious and careful while uploading the application to the RTO. In the particular case, the opposite party stated that after receiving the information from the complainant they raised ticket No. 0035237 dt: 28.02.2018 seeking intervention to rectify the problem but in order to show their bonafides they have not filed any proof to show that they have raised ticket on 28.02.2018.

                      13. The opposite party stated that they have taken declaration letter from the complainant regarding the clarification, that she is not having any other vehicle prior to the present vehicle. If at all they have uploaded the details of the complainant correctly while submitting to the RTA why they have taken clarification from the complainant that she has no other vehicle in her name which create doubt that while submitting the application whether they have made any wrong details and sent  the same.  If there are no latches on their part, they would have submitted copy of the application which was submitted by them to the RTO. But they failed to do so and also because of the latches on part of the opposite party the complainant has to kept the vehicle without use in her house as the temporary registration period was completed by 12.03.2018 i.e. period of 30 days from the date of issue. Hence the delay has to be explained by the opposite party with clear evidence. Hence as the opposite party failed to convince this forum that there are no latches on their part due to submission of the application to the RTO. Hence there is deficiency in service on part of the opposite party as they are negligent in manner while filling the particulars of their customer in the application and also at the time of uploading to the RTA website. Hence we are of the opinion that there is deficiency on part of the opposite party towards complainant.

                     14. In the result, complaint is allowed in part, directing the opposite party to pay a sum of Rs.5,000/- ( Rupees five thousand only) towards compensation for mental agony and deficiency in service suffered by the complainant on part of the opposite party. The opposite party is further directed to pay a sum of Rs.3,000/- (Rupees three thousand only) towards costs of the litigation. The opposite party is further directed to comply with the order within six (6) weeks from the date of receipt of copy of this order failing which, the above said compensation amount of Rs.5,000/- (Rupees five thousand only) shall carry interest @ 9% p.a. from the date of this order till realization.

          Dictated to the stenographer, transcribed and typed by her, corrected and pronounced by me in the Open Forum this the 22^nd day of November, 2019.

             Sd/-                                                                                                         Sd/-                                                                        

    Lady Member                                                                                                 President (FAC)

 

 

APPENDIX OF EVIDENCE

 

Witnesses Examined on behalf of Complainant/s.

 

 

PW-1: Smt.  A. Kanagathara (Chief Affidavit filed).

 

 

Witnesses Examined on behalf of Opposite PartY/S.

 

 

RW-1: Sri V. Gopi (Chief Affidavit filed).

 

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/s

 

 

Exhibits (Ex.A)	Description of Documents
	Original copy of ESTIMATION LETTER issued to Complainant by R. K. Enterprises, Authorised Dealer, Punganur Road, Madanapalli-517 325.
	Original copy of RECEIPT (Issued by R.K. ENTERPRISES, TIRUPATI) of Rs.2,000/ -in advance paid by the Complainant, Dt: 02.02.2018.
	Original copy of RECEIPT (Issued by R.K. ENTERPRISES, TIRUPATI) of Rs.1,33,000/- total payment paid by the complainant, Dt: 10.02.2018.
	Original copy of RECEIPT OF VEHICLE DELIVERY NOTE issued by the Opposite Party (R.K. Enterprises, Tirupati), Dt: 10.02.2018.
	Office Copy of LEGAL NOTICE issued to the Opposite Party, Dt: 16.04.2018.
	Original copy of REPLY NOTICE (Reply to Legal Notice, Dt: 16.04.2018 on behalf of your client Mrs. A. Kanagathara) issued by the Opposite Party (R.K. ENTERPRISES, TIRUPATI). Dt: 02.05.2018.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/s

 

Exhibits (Ex.B)	Description of Documents
	Photo copy of Details of TR Fee and PR Fee paid by the complainant to the A.P. Transport Department, Government of Andhra Pradesh (Temporary Certificate Of Registration (FORM C.R. Tem)) through online.

 

                                                           Sd/-

                                                                                                   President (FAC)

 

// TRUE COPY //

// BY ORDER //

 

 

Head Clerk/Sheristadar,

            Dist. Consumer Forum-II, Tirupati.

 

Copies to:  1) The Complainant, 

                  2) The Opposite party.