BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMRITSAR.

Consumer Complaint No. 169 of 2024

Date of Institution: 1.4.2024

                                                          Date of Decision:10.10.2024   

Parambir Singh S/o Sh. Lakhbir Singh aged 55 resident of House No. 164, Village Gumtala Amritsar  Punjab -143001 Mobile No. +918360226785

Complainant

Versus

Regional Transport Office (RTO) through its Authorized Signatory office at Gawal Mandi Chowk Ram Tirath Road, Amritsar 143001 Punjab

Opposite Party

Complaint under section    35 of the Consumer Protection Act, 2019

Result : Complaint Allowed

Counsel for the parties  :

For the  Complainant               : Sh. Sanjeet Singh,Advocate      

For the Opposite Party             : Sh. Vansh Kapoor, Advocate

CORAM

Mr.Jagdishwar Kumar Chopra, President

Ms.Mandeep Kaur, Member

ORDER:-

Ms.Mandeep Kaur, Member :-Order of this commission will dispose of the present complaint filed by the complainants  u/s   35  of the Consumer Protection Act, 2019.

Brief facts and pleadings

1.       Brief facts of the case are that   complainant is a registered owner of Innova Car bearing Registration No. PB02U0018 vide Engine No.2KD6072973 Chassis No. MBJ11JV40071250400306  and he had registered the said vehicle with the opposite party. The RC was issued by the opposite party  which was valid from 28.3.2008 to 27.3.2023. In the month of Jan. i.e. before expiry of the earlier RC the complainant approached the opposite party and brought the said fact to the notice of the opposite party and immediately applied for further new RC and ready to pay the prescribed fee. Accordingly opposite party gave assurance that the New RC will be issued within one month . Thereafter the complainant made several personal requests to the opposite party for issuance of renewal RC but despite several requests the opposite party did not issue  renewal RC. On 5.6.2023 the complainant checked the online status from the online portal of vahanparivahan.gov.in whereas  the complainant found that opposite party has neither issued the further extended period of new renewal RC nor have updated on the online portal. Thereafter complainant made personal visits before the opposite party and enquired about the RC in question and  it was revealed  by the opposite party that “U” series registration number  register was misplaced and not searched out for since long time  and even application submitted by the complainant was misplaced somewhere by the opposite party. As per the advice of the opposite party the complainant again submitted the required documents on 28.7.2023  which were duly acknowledged by the opposite party on 28.7.2023. Thereafter the complainant  approached the opposite party to know the current status of the RC but the opposite party denied the same. Due to delay the matter passed more than one year and opposite party could not search out the records of U series register and due to this the opposite party could not issue  the renewal RC of the vehicle  since 27.3.2023 and the vehicle is lying in the house and the same could not be moved on the road without RC. The aforesaid act of the opposite party  amounts to deficiency in service  as well as unfair trade practice which  has caused lot of mental agony, harassment, inconvenience  besides financial loss to the complainant. Vide instant complaint, complainant has sought for the following reliefs:-

(a)     Opposite  party  be directed to issue new renewal RC from 27.3.2023 onward as per rule.

(b)     Compensation to the tune of Rs. 3,00,000/- may also be awarded to the complainant as due to the act of the opposite party  the vehicle in question is lying in the premises of the complainant since 27.3.2023 ;

(c )     Opposite party be also directed to pay damages of Rs. 1,80,000/- for causing mental harassment, tension  , inconvenience to the complainant.

(d )    Opposite party be also directed to Rs. 20000/- as  litigation expenses to the complainant.

(f)      Any other relief to which the complainant is entitled be also awarded to the complainant.

Hence, this complaint.

2.       Notice of the complaint was issued to the opposite party , initially opposite party  did not opt to put in appearance and was proceeded ex-parte vide order dated 30.4.2024. Later on Sh. Vansh Kapoor, Adv. appeared on behalf of the opposite party on 12.6.2024 and moved application for setting aside ex-parte order dated 30.4.2024 and also filed application for joining the proceedings. This Commission vide order  dated  3.7.2024 dismissed the application for setting-aside ex-parte order dated 30.4.2024. However  opposite party was given opportunity to  join the further proceedings  and not anti date proceddings.

Evidence of the complainant and Arguments

3.       Alongwith the complaint, complainant  has filed his affidavit Ex.C-1A, copy of old RC  Ex.C-1, copy of online details of RC taken printout on 5.6.2023 and again submitted before oppositeparty on 28.7.2023 Ex.C-2, coipy of Adhar card Ex.C-3.

4.       We have heard the Ld.counsel for the parties  and have carefully gone through the record on the file. We have also gone through the written arguments submitted by both the parties.

Findings

5.       From  the pleadings of the parties and the evidence produced on record  the case of the complainant is that he is registered owner of Innova Car bearing Registration No. PB02U0018  for which  RC was issued by the opposite party  valid from 28.3.2008 to 27.3.2023.  It is the case of the complainant that in the month of Jan. i.e. before expiry of the earlier RC he approached the opposite party and  applied for renewal of  RC and also paid  the prescribed fee. Thereafter the complainant made several personal requests to the opposite party for issuance of renewal RC but despite several requests the opposite party did not issue  renewal RC. However when on 5.6.2023 the complainant checked the online status he  found that opposite party has neither issued the further extended period of new renewal RC nor have updated on the online portal. In this regard complainant approached the opposite party and enquired about the RC in question and  it was revealed  by the opposite party that “U” series registration number  register was misplaced and even application submitted by the complainant was misplaced somewhere by the opposite party. As per the advice of the opposite party the complainant again submitted the required documents on 28.7.2023  which were duly acknowledged by the opposite party on 28.7.2023. Thereafter the complainant  approached the opposite party to know the current status of the RC but the opposite party denied the same. Ld.counsel for the complainant vehemently contended that due to act of  the opposite party the complainant was unable to ply the vehicle since 27.3.2023   for which the opposite party is liable for making good the loss suffered by the complainant.

6.       On the other hand opposite party was proceeded ex-parte vide order dated 30.4.2024 , however thereafter the opposite party was allowed vide order dated 3.7.2024 to join the further proceedings and the opposite party filed written arguments and submitted that complainant never approached RTO Amritsar or the State Transport Commissioner , Punjab Chandigarh for his complaint  disposal and didn’t made party to the  Distt.Treasure office Amritsar nor SBI where he could prove his fee. At that time token tax fee and fancy number fee were deposited in SBI bank only in the form of 32-A challan . In this regard two complaints were given to Commissioner of Police relating to the missing of manual record  of Sr. No. PHB02U 0001-0500 vide letter No. 1687 dated 2.11.2023 and letter No. 1978 dated 2.1.2024 for taking necessary action  and also intimated to the STC Punjab CHD vide letter dated 2.1.2024 and 28.6.2024 and mail was also sent to the Commissioner of Police   vide letter dated 10.9.2024.  The complainant made self backlog application and visited the RTO office Amritsar regarding approval of the backlog of his RC No. PB02U0018 for getting his vehicle online. The officials of RTO had written letters to Distt.Treasure office  dated 17.8.2023 to verify the tax and fancy No fee of the abovesaid vehicle and letter dated 20.9.2023 but no response received from the Distt.Treasure office . As per guidelines  issued by Ministry of Road Transport & highways  documents required for backlog entry are Form 21, Form 22, Invoice of manufactured/dealer, certificate of insurance. During process   of the backlog entry Govt. of Punjab stopped the backlog entries in the month of Nov.2023 and till date no such guidelines are issued regarding backlog entries.

7.   This Commission has given thoughtful consideration to the facts of the present case and it stands proved on record that the complainant has applied for the renewal of RC  in the month of Jan. 2023 which was not issued by the opposite party and the reason given for not issuing the new RC is that the “U” series Registration number register was misplaced and also the application submitted by the complainant was also misplaced and it was advised by the opposite party to submit required documents which the complainant submitted on 28.7.2023 but even the opposite party has failed to renew the RC . On the other hand the only plea taken by the opposite party in written arguments while joining the proceedings  and submitted that complaints were given to Commissioner of Police relating to the missing of manual record  of Sr. No. PHB02U 0001-0500 vide letter No. 1687 dated 2.11.2023 and letter No. 1978 dated 2.1.2024 for taking necessary action  .  It was admitted that complainant lodged self backlog application and in this regard the plea of the opposite party is that as per guidelines  issued by Ministry of Road Transport & highways  documents required for backlog entry are Form 21, Form 22, Invoice of manufactured/dealer, certificate of insurance. During process   of the backlog entry Govt. of Punjab stopped the backlog entries in the month of Nov.2023 and till date no such guidelines are issued regarding backlog entries. But we are not agreed with this plea of the opposite party as initially opposite party was proceeded ex-parte  and thereafter joined the proceedings by filing written arguments in which the aforesaid pleas were taken but the same cannot be read as no written version has been filed to rebut the averments of the complainant. As such  by not filing written version to the allegations leveled in the complaint, opposite party  impliedly admitted the case of the complainant. Reliance in this connection has been placed upon Aegon Religare Life Insurance Co. Ltd. 2018(1) CLT 310 of the Hon’ble National Consumer Disputes Redressal Commission, New Delhi wherein it has been held that Non filing of written reply to consumer complaint amounts to admission of the allegations leveled in the complaint. Moreover if  for the sake of arguments the written arguments are considered even then if the documents were misplaced by the opposite party, the fault lies with the opposite party  and the complainant cannot be suffered due to the fault of the opposite party. As such the opposite party is found guilty of deficiency in service for not issuing the new RC  since March, 2023 .

8.        In view of the above discussion, we allow the complaint  and the opposite party is   directed  to issue renewal RC as per rules to the complainant within 45 days from the receipt of copy of this order ; failing which opposite party shall be liable to pay Rs. 30000/- as compensation. So far as the litigation expenses is concerned, complainant has to approach this Commission  to get his RC  and faced lots of inconvenience  as such the opposite party is also directed to pay  litigation expenses of Rs  3000/- to the complainant. Compliance of this order be made within 45 days from the date of receipt of copy of this order ; failing which complainant shall be entitled to get the order executed through the indulgence of this commission.  Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this commission.