Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 668.
Instituted on : 29.11.2022
Decided on : 20.06.2023
Sandeep Kumar s/o Sh. Ram Niwas R/o H.No.1250/34, Jhajjar Chungi, Near GDS School, Sheetal Nager, Rohtak-124001.
……….………..Complainant.
Vs.
- Regional Transport Officer, Rohtak, Office at ground floor, Mini Secretariat, Rohtak.
- State of Haryana through Deputy Commissioner, Rohtak Office at Mini Secretariat, Rohtak.
..…….……….Opposite parties.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER.
Present: Sh. Sandeep Kumar Hooda, Advocate for complainant.
Sh. Pardeep Kumar, ADA for opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per complainant are that he is registered owner of vehicle bearing registration number HR-38Y-9386 make Eicher Pro 5031M HSD and the same was purchased from Mr. Inderdeep Singh Kakkar by him. Complainant had applied for transfer of the above mentioned vehicle in his name on 25.08.2022 after completing all the formalities in the office of respondent no.1 and the same was transferred in the name of complainant on 26.08.2022. The fitness certificate of the above vehicle was valid upto 25.11.2022 and the complainant is not able to renew his vehicle fitness certificate due to non availability of registration certificate. The complainant visited the office of opposite party No.1 regarding the registration certificate time and again since 26.08.2022 but no registration certificate is issued to the complainant till date. After repeated requests from the complainant, the opposite party No.1 had issued a chit/receipt to the complainant on 14.11.2022 regarding registration certificate and told the complainant that the same can be used as registration certificate. As per rules, the fitness certificate of the vehicle cannot be applied without the registration certificate of the vehicle. The complainant had approached time and again at the office of opposite party no.1 but the opposite party No.1 has not issued the registration certificate of the complainant. The act and conduct of the opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to issue registration certificate of the vehicle of the complainant, not to impose any penalty/fine for delay in the applying for fitness certificate after expiry of the fitness certificate, to pay compensation of Rs.100000/- on account of harassment, Rs.200000/- on account of financial loss and Rs.50,000/- as litigation expenses to the complainant.
2. After registration of complaint, notices were issued to the opposite parties. Opposite party No. 1 and 2 appeared and filed their reply submitting therein that the Govt. has appointed a private Company namely Rozmarta for KMS(Key Management System) for smart card based RC in which the RC user data is provided to the company for MKS process from Saarthi/Vahan Database, and after completion of KMS process, the data is posted back to the Saarthi/Vahan database. However, for the last about four months, due to some technical defect, the data from Vahan Portal is not uploading on the KMS software(Chip write issue) due to which the KMS process of the RC could not be completed. By making continuous efforts regarding KMS process of RC(Chip write issue) with worthy Transport Commissioner, Haryana, Chandigarh, answering respondent now got the problem solved. Now work related to printing of RC and process of KMS of registration of vehicle bearing no.HR38Y9386 has been completed. The vehicle has been transferred in the name of complainant Sandeep Kumar and RC of vehicle has been got printed after completing KMS process. The fitness related work of vehicle can be completed by complainant anytime. As such it is prayed that complaint may kindly be dismissed with costs.
3. Ld. Counsel for the complainant in his evidence has tendered affidavits Ex.CW-1/A to Ex.CW1/C, documents Ex. C1 to Ex. C15 and closed the evidence vide separate statement dated 20.01.2023. On the other hand, ld. Counsel for the opposite parties no.1 and 2 submitted that the reply already filed on their behalf be read as their affidavit and had tendered documents Ex.R1 to Ex. R4 and closed the evidence vide separate statement dated 21.02.2023.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. The complainant has filed the present complaint on the ground that registration certificate of his vehicle was not issued to him despite completing all the formalities, due to which he could not get his vehicle’s fitness certificate renewed which was valid upto 25.11.2022. He requested the opposite parties repeatedly but the R.C. was only issued to the complainant on 22.12.2022 i.e. after filing the present complaint. At the time of arguments, ld. counsel for the complainant made a separate statement that the R.C. was given to the complainant only on 22.12.2022 and as such the compensation may kindly be got awarded to the complainant. After going through the file and hearing the parties, it is observed that complainant had applied for transfer of R.C. on 25.08.2022 but the R.C. was given to the complainant on 22.12.2022 i.e. after 4 months and only after filing the present complaint, due to which he might have suffered mental agony and harassment and he had to file the present unwanted litigation against the opposite parties. As such there is deficiency in service on the part of opposite parties and opposite parties are liable to compensate the complainant.
7. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party No.1 & 2 to pay an amount of Rs.10000/-(Rupees ten thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision, failing which opposite party no.1 & 2 shall be liable to pay interest @ 9% p.a. on Rs.10000/- from the date of decision till its realization to the complainant.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
20.06.2023.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
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Vijender Singh, Member
