Haryana

StateCommission

A/967/2016

LINK UTSAV REGISRATION PVT LTD. - Complainant(s)

Versus

RAM CHANDER SAINI - Opp.Party(s)

VIVEK SINGLA

10 Jan 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      967 of 2016

Date of Institution:      17.10.2016

Date of Decision :       10.01.2017

 

Link Utsav Registration Plates Private Limited, C-61, Mayapuri Industrial Area, Phase II, New Delhi-110064 through its authorized representative Sh. Rakesh Kumar son of Ram Narayan.

                                      Appellant-Opposite Party No.1

Versus

1.      Ram Chander Saini son of Shri Bhader Ram Saini, resident of House No.766, Sector 21, Panchkula.

                                      Respondent-Complainant

2.      RTA, Panchkula, First Floor, Bus  Stand, Sector 5, Panchkula.

Respondent-opposite party No.2

 

 

 

 

 

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

                             Mr. Diwan Singh Chauhan, Member.

 

                                                                                                         

Present:               Shri Vivek Singla, Advocate for appellant.

                             Shri Ram Chander Saini-complainant in person

                             Shri Jagbir Singh, Transport Inspector on behalf of respondent No.2-opposite party No.2

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

Link Utsav Registration Plates Private Limited-opposite party No.1 (for short, ‘Link Utsav’) is in appeal against the order dated February 01^st, 2016 whereby it directed Link Utsav to pay Rs.17,525/- within 30 days from the receipt of the order to the Ram Chander Saini-complainant.

2.      Ram Chander Saini-complainant purchased a car.  He was allotted Registration No.HR03N-4988 by the Registration Authority, Panchkula.  He approached Link Utsav to provide him High Security Registration Plate (HSRP) by paying Rs.365/- on March 18^th, 2015 vide receipt Annexure C-1.  The HSRP was not given by Link Utsav within the stipulated period of four days including Sunday and gazetted holidays rather gave it on November 16^th, 2015, that is, after about eight months. 

3.      The District Forum in view of the agreement dated July 24^th, 2012 entered into between the Transport Commissioner, Haryana and Link Utsav directed the Link Utsav to pay Rs.17,525/- to the complainant.  Clause 10.5.2.2 of the agreement reads as under:-

          “If the High Security Registration Plate is not affixed by the Concessionaire within 4 (four) days (excluding Sunday and Gazetted Holidays) of receipt of authorization from Registering Authority and depositing the price by the vehicle owner, then a rebate @ Rs.50/- (Rs.fifty) per day of delay per vehicle upto 7 (seven) days and thereafter @ Rs.75/- (Rs.Seventy Five) per day per vehicle shall be given by the Concessionaire to the vehicle owner.  The amount thus worked out shall be refunded/paid to the vehicle owner by the Concessionaire. “

 

4.       The District Forum calculated the amount as per the aforesaid clause and arrived at a conclusion that the total amount of Rs.17,525/- was to be paid by the Link Utsav to the complainant.  The Link Utsav even did not appear before the District Forum inspite of the service having been effected upon it.  Since calculation has been made as per the agreement dated July 24^th, 2012, in considered opinion of this Commission, there is no illegality or infirmity in the impugned order passed by the District Forum.  The appeal is dismissed being devoid of merits.

5.      The statutory amount of Rs.9320/- deposited at the time of filing the appeal be refunded to the complainant against proper receipt and identification in accordance with rules.

 

Announced 10.01.2017

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK