DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.
Complaint Case No: CC/36/2024
Date of Institution: 03.04.2024
Date of Decision: 22.07.2024
Aman Kumar son of Sh. Dharam Pal resident of Sekha Road, St. No. 2, H.No. B-XIV/1135, Ward No. 9, Barnala, Tehsil Barnala District Barnala, Punjab.
…Complainant
Versus
1. Regional Transport Office (Earlier known as Regional Transport Authority) Opposite Bus Stand, Near DTO Office, Sangrur.
2. State Transport Commissioner, Govt. of Punjab, SCO-177-178, Sector 17-C, Chandigarh.
…Opposite Parties
Complaint Under Section 35 of the Consumer Protection Act, 2019.
Present: Sh. Jashan Modi Adv counsel for complainant.
Sh. Amritpal Singh, DEO appeared on behalf of O.Ps-1 & 2.
Quorum.-
1. Sh. Ashish Kumar Grover: President
2. Sh. Navdeep Kumar Garg: Member
(ORDER BY ASHISH KUMAR GROVER PRESIDENT):
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act 2019 against Regional Transport Office (Earlier known as Regional Transport Authority) Opposite Bus Stand, Near DTO Office, Sangrur & others (in short the opposite parties).
2. The facts leading to the present complaint are that the complainant filed an application dated 30-11-2020 for the license for Pollution Check Centre for diesel and petrol vehicle with the opposite parties under the name & style of M/s Jindal Pollution Check Centre, to earn self employment livelihood through installed machinery and infrastructure for the purpose and on the direction opposite parties paid a of Rs. 20,000/-i.e. Rs.10,000/- each for sum petrol & diesel on dated 10-12-2020 and after receiving the notice on 09-12-2020 to get the services of opposite parties. It is alleged that on 09-12-2020 vide Endst. No. 659 the opposite party No.1 issued letter to the Executive Engineer Pollution Control Board, Sangrur, the District Food & Supplies Controller, Barnala and Motor Vehicle Inspector, Sangrur regarding inspection of Machinery/Infrastructure installed for the purpose of Setting up of a Pollution Checking Centre by M/s Jindal Pollution Check Centre, Barnala. It is alleged that thereafter the opposite party No.1 told the complainant that there is already a pollution centre in Barnala running in the name of M/s Jindal Pollution Check Centre, Barnala and advised the complainant to apply with a new name and pay fresh fee of Rs. 20,000/- for a pollution check centre and take back the earlier application and already fee Rs. 20,000/- will be refunded. It is further alleged that on trusting the words of opposite party No.1 the complainant on 02-04-2021 filed an online application Id: PB210402U0000002 and application Id: PB210402U0000004 and paid a sum of Rs.20,000/-i.e. Rs.10,000/- each for petrol & diesel to get the services of opposite parties under the name & style of M/s Aman Jindal Pollution Check Centre, Barnala. Thereafter on the same date of earlier letter 09-12-2020 vide Endst. No. 656 to 658 the opposite party No. 1 issued letter to the Executive Engineer Pollution Control Board, Sangrur, the District Food & Supplies Controller, Barnala and Motor Vehicle Inspector, Sangrur regarding inspection of Machinery/Infrastructure installed for the purpose of Setting up of a Pollution Checking Centre by M/s Pollution Check Centre, continuance of earlier issuance of license of pollution check centre. It is further alleged that the complainant approached the opposite party No.1 for the refund of fee deposited on 10-12-2020. On this the opposite party No.1 told the complainant that the said fee has been transferred to the account of opposite party No.2 and advised complainant to approach the opposite party No. 2 and after that the complainant approached the both opposite parties for the refund of said fees but all in vain. It is alleged that this is deficiency in services and unfair trade practice on the part of opposite parties. Hence, the present complaint is filed for seeking the following reliefs.-
- The opposite parties may be directed to refund a sum of Rs. 20,000/- alongwith interest @ 18% per annum from the date of deposit i.e. 10.12.2020 till realization.
- To pay Rs. 1,00,000/- as compensation for causing physical and mental harassment.
- Further, to pay Rs. 11,000/- as litigation expenses.
3. Initially the opposite parties No. 1 & 2 were proceeded against exparte vide order dated 14.5.2024 due to non appearance. On 11.7.2024 Sh. Amritpal Singh, DEO appeared on behalf of opposite parties No. 1 & 2 and filed his authority letter alongwith an application from Kuldeep Bawa, PCS, RTO, Sangrur on behalf of opposite parties No. 1 & 2 for allowing them to join the proceedings. On 12.7.2024 Ld. Counsel for the complainant suffered the statement that I have no objection if the application for allowing the opposite parties No. 1 & 2 to join the proceedings at this stage. In view of the statement of Ld. Counsel for complainant, the application is allowed and opposite parties No. 1 & 2 are allowed to join the proceedings from the present stage i.e. for filing written as well as oral arguments.
4. The complainant tendered into evidence affidavit of complainant as Ex.C-1. copy of PUC application as Ex.C-2, copy of PUC application (diesel) as Ex,C-3, copy of inspection report as Ex.C-4, copy of fees receipts as Ex.C-5 & Ex.C-6, copy of account statement as Ex.C-7, copy of application stats as Ex.C-8, copy of PUC application (Petrol) as Ex. C-9, copy of PUC application (diesel) as Ex.C-10, copy of fee receipts as Ex.C-11& C-12, copy of account statement as Ex.C-13, copy of inspection report as Ex.C-14, copy of authority letter as Ex.C-15, copy of RTI status as Ex.C-16, (2 pages), Copy of transaction detail as Ex.C-17, copy of RTI applications ID as Ex.C-18 (2 Pages) Ex.C/19 (2 pages), copy of notice under RTI Act as Ex.C-20 (12Pages) and closed the evidence.
5. We have heard both the parties and have gone through the record on the file.
6. In order to prove his case the complainant has placed on record his detailed affidavit Ex.C-1 vide which he reiterated the averments as mentioned in the complaint. The complainant has further placed on record copies of PUC applications Ex.C-2 & Ex.C-3 which shows that the complainant on 30.11.2020 filed applications for the license for Pollution Check Centre for diesel and petrol vehicle with the opposite parties under the name & style of M/s Jindal Pollution Check Centre and the Ex.C-5 & Ex.C-6 are the copies of fees payment receipts of the above said applications. The complainant further placed on record copy of statement of account Ex.C-7 which shows that on 10.12.2020 the total amount of Rs. 20,000/- has been debited from the account of complainant. The complainant also placed on record copy of PUC applications Ex.C-9 & Ex.C-10 which shows that the complainant on 2.4.2021 filed applications for the license for Pollution Check Centre for diesel and petrol vehicle with the opposite parties under the name of Aman Jindal Pollution Check Centre and the Ex.C-11 & Ex.C-12 are the copies of fees payment receipts of the above said applications. The complainant further placed on record copy of statement of account Ex.C-13 which shows that on 2.4.2021 the total amount of Rs. 20,000/- has been debited from the account of complainant. The complainant further placed on record copy of application Ex.C-14 which was written by the opposite party No. 1 to the vide Endst. No. 656 to 658 the opposite party No. 1 issued letter to the Executive Engineer Pollution Control Board, Sangrur, the District Food & Supplies Controller, Barnala and Motor Vehicle Inspector, Sangrur regarding inspection of Machinery/Infrastructure installed for the purpose of Setting up of a Pollution Checking Centre by M/s Pollution Check Centre. The complainant also placed on record copy of letter of authority Ex.C-15 from which it shows that the Office of the Secretary Regional Transport Authority, Sangrur vide License No. 84 dated 2.7.2021 granted the approval to M/s Aman Jindal Pollution Check Centre, Shop No. 2 Baba Kala Mehar from 2.7.2021 to 1.7.2022. The complainant also placed on record copy of RTI application Ex.C-18 vide which it is mentioned as First Appeal Submitted (Information and Response are not received for requested information i.e. Procedure for refund for application fee which is not used in related Office RTA Sangrur). Ex.C-19 is another copy of RTI application vide which it is mentioned as Second Appeal Submitted (I did not received any response from PIO as well as First Appellate Authority related to my RTI. Pls do the needful and provide me the requested information). The complainant further placed on record copy of application dated 27.10.2022 which was written by the Office of Secretary Regional Transport Authority, Sangrur to the complainant vide which it has been written that you have come on any working days in the office to meet Accounts Officer regarding the information sought by Pollution Check Centre regarding wrongly deposited fees by Pollution Check Center.
7. From the perusal of file it is established that the complainant had applied on 30.11.2020 for the license for Pollution Check Centre for diesel and petrol vehicle with the opposite parties under the name & style of M/s Jindal Pollution Check Centre and on the directions of opposite parties paid a of Rs. 20,000/-i.e. Rs.10,000/- each for sum petrol & diesel on dated 10-12-2020 (as per Ex.C-2, Ex.C-3 & Ex.C-7). Further, in this regard on 09-12-2020 (Ex.C-14) the opposite party No.1 issued letter to the Executive Engineer Pollution Control Board, Sangrur, the District Food & Supplies Controller, Barnala and Motor Vehicle Inspector, Sangrur regarding inspection of Machinery/Infrastructure installed for the purpose of Setting up of a Pollution Checking Centre by M/s Jindal Pollution Check Centre, Barnala and the opposite party No.1 told the complainant that there is already a pollution centre in Barnala running in the name of M/s Jindal Pollution Check Centre, Barnala and advised the complainant to apply with a new name and pay fresh fee of Rs. 20,000/- for a pollution check centre and take back the earlier application and already fee Rs. 20,000/- will be refunded. Further, on 02-04-2021 the complainant again filed an online application Id: PB210402U0000002 and application Id: PB210402U0000004 and paid a sum of Rs.20,000/-i.e. Rs.10,000/- (as per Ex.C-9, Ex.C-10 & Ex.C-13) each for petrol & diesel to get the services of opposite parties under the name & style of M/s Aman Jindal Pollution Check Centre, Barnala. Ld. Counsel for the complainant argued that the complainant approached the opposite party No.1 for the refund of fee deposited on 10-12-2020 and the opposite party No.1 told the complainant that the said fee has been transferred to the account of opposite party No.2 and advised complainant to approach the opposite party No. 2 and after that the complainant approached the both opposite parties for the refund of said fees but all in vain. On the other hand, the opposite parties have failed to place on record any evidence to rebut the allegations of the complainant. It is also established from the evidence produced by the complainant that opposite parties have failed to provide the information under Right To Information Act and in this regard the complainant also filed appeal No. 2428 of 2022 before the Punjab State Information Commission and the opposite parties also remained exparte in the said proceedings. So, it is proved that the opposite parties have failed to refund the total amount of Rs. 20,000/- to the complainant which was deposited by the complainant despite repeated requests and this is clear cut deficiency in service and unfair trade practice on the part of the opposite parties.
8. Therefore, the present complaint is partly allowed and the opposite parties are directed to refund the amount of Rs. 20,000/- deposited by the complainant alongwith interest @ 7% per annum from the date of filing the present complaint till its actual realization to the complainant. The opposite parties are further directed to pay Rs. 5,000/- on the account of mental agony and harassment and Rs. 5,000/- on account of litigation expenses to the complainant. Compliance of this order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of the order be supplied to the parties free of costs. File be consigned to the records after its due compliance.
ANNOUNCED IN THE OPEN COMMISSION:
22nd Day of July, 2024
(Ashish Kumar Grover)
President
(Navdeep Kumar Garg)
Member
