Punjab

Ludhiana

CC/22/485

Jodha Singh - Complainant(s)

Versus

Regional Transport Authority - Opp.Party(s)

Ajay Kumar Rep.

20 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 485 dated 20.12.2022.                                

                       Date of decision: 20.12.2023. 

 

Jodha Singh s/o Gurdeep Singh, H.No.181C Near D.D.Public School, Amaltas Enclave, Bhattian Colony, Ludhiana, Punjab.M.9814003338.

                                                                                       ..…Complainant

                                                Versus

Regional Transport Authority, Mini Secretariat, Ludhiana, Punjab.

…..Opposite party

Complaint under Section 35 of The Consumer Protection Act,2019(as amended upto date).

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH.JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         Sh.Ajay Sharma, authorized representative of

complainant in person

For OP                           :         Exparte

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                The complainant has invoked the jurisdiction of this Commission by claiming himself to be the consumer of the OP and alleging unfair trade practice and deficiency in service on the part of the OP. He has prayed for appropriate compensation for causing undue mental tension, harassment and deficiency in service to the complainant along with miscellaneous expenses of Rs.25,000/- and legal charges fees of Rs.10,000/-. According to the complainant, he applied for driving license vide application No.3260992022 dated 15.08.2022 after depositing the driving license fee of Rs.1535/- vide receipt no.PBV/1031729 dated 15.08.2022 against transaction ID:PB2022V32572516. It has been stated that the OP failed to provide the driving license as sought by the complainant on timely basis despite multiple visits made by the complainant in this regard. Further, it has been stated that without any reason, the matter has been delayed for a long course of time by the OP. The complainant also sent an application to the OP on 10.12.2022 but to no effect. Hence the present complaint.

2.                Upon notice of the complaint, Ms.Neelam, a Clerk appeared on behalf of Dr.Poonam Preet Kaur, PCS, R.T.A.Ludhiana and contesting the case on behalf of OP by filing written statement stating therein that as per record of the OP, the applicant is found to have made application for the issuance of driving license for a Transport vehicle on 15.08.2022. The scrutiny of the application and clicking of his photo was done on the same date i.e.18.08.2022. It has been submitted that since the applicant had applied for driving license for a Transport vehicles, therefore, the applicant was required to appear before the Motor Vehicles Inspector, Ludhiana for driving test of a Transport Vehicle. However, since the incumbent Motor Vehicles Inspector, Ludhiana was nabbed by the Vigilance Bureau in a case of corruption/bribery, therefore, the driving test of the applicant got delayed by two and a half months time and the same was held on 03.11.2022. After the driving test of the applicant, the approval was found to have been accorded on 29.11.2022. Further, it has been submitted that the work of printing of driving licenses and the registration certificates has been centralized and the same is being done at Chandigarh under the control and supervision of the office of State Transport Commissioner, Punjab. The printing of the driving license applied for by the applicant is found to have been done on 09.01.2023 and the same was dispatched to him on the said date. By claiming that there has been no deliberate or intentional delay on the part of the office of OP in the issuance of driving license to the applicant, a prayer has been made for disposal of the complaint filed by the complainant.

3.                In rejoinder to the written statement filed by the complainant, the complainant has reiterated the averments made in the complaint and controverted the allegations made in the written statement filed by OP.

4.                In evidence, the authorized representative of complainant tendered in evidence affidavit Ex. CA of complainant in which, the complainant reiterated his averments of the complaint. The authorized representative of complainant also placed on record copy of application dated 10.12.2022 moved to Regional Transport Authority, Mini Secretariat, Ludhiana for issuing his driving license application No.3260992022 dated 18.8.2022, Ex.C2 copy of postal receipt, Ex.C3 and Ex.C4 copies of newspaper cuttings dated 20.05.2023 and 11.05.2023, Ex.C5 copy of track consignment detail regarding booking dated 13.01.2023, Annexure-A-1 copy of application status of complainant, Annexure-A-2 copy of e-receipt for online driving license showing the application date as 15.08.2022 by Jodha Singh complainant and closed the evidence.

5.                When the case was fixed for evidence of OP, OP failed to produce any evidence despite granting sufficient opportunities and even nobody was turned up on behalf of OP, therefore, the evidence of OP was closed by order by proceedings OP as exparte vide order dated 26.10.2023.

6.                We have heard the representative of the complainant and have gone through written arguments submitted by him along with the record on the file very carefully.

7.                Admittedly, on 15.08.2022, the complainant applied for driving license and deposited the requisite fee of Rs.1535/- on the same date. OP conducted the scrutiny of the application and photograph was clicked on 18.08.2022. Driving test was conducted on 3.11.2022 and the approval for issuance of driving license on the application was accorded on 29.11.2022. Printing of the driving license was completed on 09.01.2023 and thereafter, it was dispatched to the complainant. According to the complainant, he received the driving license on 14.01.2023.

8.                The present complaint was presented on 20.12.2022 and first time presented for hearing on 23.12.2022. By that time, driving license was not issued to complainant, though the driving test had already been conducted. The complainant in his complaint as well as in the attached affidavit did not seek any relief for issuing directions to the OP for issuance of driving license. But rather only demanded the compensation on account of alleged negligence and unprofessional approach by the officials of OP. It was contended on behalf of the complainant by its authorized signatory that there is an unexplained delay of 26 days between conducting the driving test of the complainant and its approval. Further, there is a delay of 45 days from the date of approval of driving license till the dispatch of the same by post. He also contended that there is further delay of approximately 145 days after excluding the statutory period of 7 days for issuance of driving license from the date of application made by the complainant.

9.                On the other hand, OP in its written statement took the specific stand that incumbent Motor Vehicles Inspector, Ludhiana was got trapped in a vigilance case and due to this reason, the driving test got delayed and was held on 03.11.2022. Further, the printing of driving license and the registration of certificates has been centralized which was done at Chandigarh and directly under the control and supervision of the office of State Transport Commissioner, Punjab and delay is not deliberate or intentional on the part of the office of OP in issuance of driving license to the complainant and the same occurred due to the reasons mentioned above.

10.              The point in issue which arises for consideration for this Commission is whether there is a delay on the part of the OP in issuing the driving license to the complainant or not?

11.              Before adverting the merits of the case, we apt to refer certain definitions of Consumer Protection Act, 2019 which are reproduced as under:-

12.              Section 2(7) of the Consumer Protection Act, 2019 provides the definition of consumer, which provides as under:-

“Consumer” means any person who:-

(ii)hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and include any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose.”

                   Further, Section 2(42) of the Consumer Protection Act, 2019 defines the words ‘Service’ which provides as under:-

“Service” means service of any description which is made available to potential users and include, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, telecom, boarding or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service.”

13.              From the conjoined reading of the aforesaid provisions, it makes it crystal clear that the complainant being the consumer, hired the services of OP for issuing the driving license to him by paying the requisite fee of Rs.1535/-. The OP has not adduced any evidence and just filed an affidavit in the form of written statement. Though it has been filed by one Ms.Poonampreet Kaur, a PCS Officer who was posted as Secretary, Regional Transport Authority, Ludhiana at that time but there are many chinks in the contents of the written statement. The OP has admitted the delay but tried to explain the same by stating therein that the then Motor Vehicles Inspector, Ludhiana was arrested by the Vigilance Bureau. However, no FIR was attached with the affidavit nor its particular has been mentioned in the affidavit. Further, it has not been mentioned in the affidavit that when the said Motor Vehicles Inspector/official was arrested or relieved the charge. Further, the affidavit is also silent about the material fact when the new incumbent assumed the charge in place of the arrested Inspector to perform the duty of Motor Vehicles Inspector, Ludhiana. Further, the OP has failed to provide any data about the pendency that remains un-cleared on account of absence of the arrested official/Motor Vehicles Inspector, Ludhiana. Further, no notification or any letter has been placed on record by the OP with the written statement to show that the printing of driving license and registration certificate has been centralized and were directly controlled and under the supervision of the office of the State Transport Commissioner, Punjab. So, considering all these facts and circumstances cumulatively, this Commission is of the view that explanation given in the written version is far away from satisfactory. In these circumstances, in every government offices stop gap arrangements are done in order to meet the day to day official duties, so that public interest is not suffered. In the present case, the complainant had run from pillar to post as he could not have plied his vehicle due to the non-availability of the driving license. So, certainly there is a delay on the part of the Op in issuing the driving license to the complainant which amounts to deficiency in service of OP, which entitles the complainant for compensation quantified to the tune of Rs.5000/-.

14.              As a result of above discussion, the complaint is partly allowed with an order that the OP shall pay compensation to the tune of Rs.5000/- to the complainant within 30 days from the date of receipt of copy of this order, failing which, the complainant will be held entitled to interest @8% per annum from the date of complaint till its actual realization. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 (Monika Bhagat)            (Jaswinder Singh)      (Sanjeev Batra)                        Member                     Member                      President      

Announced in Open Commission.

Dated:20.12.2023.

Gurpreet Sharma