DATE OF FILING : 17-02-2014.
DATE OF S/R : 19-03-2014.
DATE OF FINAL ORDER : 20-05-2014.
Sri Sankar Giri,
son of late Iswar Giri,
residing at village – South Buxrah, Govt. Colony,
Shibtala, P.S. Jagacha, District – Howrah,
PIN – 711110.----------------------------------------------------------------- COMPLAINANT.
- Versus -
Regional Transport Officer,
Barasat, 24 Paraganas ( North ),
PIN – 700 124. ----------------------------------------------------------------OPPOSITE PARTY.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
1. The instant case was filed by the complainant U/S 12 of the C .P. Act, 1986 ( as amended upto date ) against the o.ps. alleging deficiency in service U/S 2(1)(g)(o) of the C.P. Act, 1986 wherein the complainant has prayed for a direction to be given upon the O.P. to deliver the permanent registration certificate of the petitioners vehicle in spite of observing all the formalities including deposition of necessary fees did not issue the same and to pay compensation and litigations cost and other reliefs as he entitled to.
2. The o.p. appeared and filed written version in a single page mentioning that the complainant has not complied the provision U/S 40 of the M.V. Act, 1988 for which permanent registration certificate against the temporary registration could not be made from this end.
3. Upon pleadings of both parties two points arose for determination :
i) Whether the complaint falls under the territorial jurisdiction of the Forum in question as per provision of the C.P. Act, 1986 to adjudicate over the matter ?
ii) Whether the complainant is entitled to get any relief and compensation as prayed for?
DECISION WITH REASONS :
4. Perused the evidences and record filed by both o.p. and complainant. Considered. It is admitted fact that the complainant applied for permanent registration certificate against his vehicle with deposition of necessary papers followed by necessary fees to the Registering Authority & Regional Transport Officer, North 24 Parganas, on 09-08-2010 but on the contrary the transport authority refused to deliver the said permanent registration certificate on the obvious reason as recorded.
5. Be that as it may it is apparent from the enclosures that the issuing authority of the permanent registration certificate of the vehicle in question is as per record, the registering authority and regional Transport Officer, North 24 Parganas, which falls under the territorial jurisdiction of Barasat RTO ( North 24 Parganas) not Howrah District for which this Forum has no scope to give any direction to the said authority as the cause of action arisen out beyond the territorial jurisdiction of this Forum for which it is better to approach to the appropriate Forum to seek redressal of grievances in question. Under such circumstances any redressal or relief as sought for could not be made possible to entertain as the complaint which is beyond the scope of jurisdiction as per C.P. Act, 1986 ( under Section 11 sub section (3) ).
In such circumstances, relief as prayed for cannot be awarded at this present moment. Both the points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 78 of 2014 ( HDF 78 of 2014 ) be and the same is disposed of but without costs.
That the complainant may be advised to approach to the appropriate Forum against the instant complaint for proper redressal of the grievances accordingly.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( P. K. Chatterjee )
Member, C.D.R.F.,Howrah.
