Haryana

Ambala

CC/473/2022

PANKAJ SHARMA. - Complainant(s)

Versus

REGISTERING AUTHORIY -CUM-SECRETARY,REGIONAL TRANSPORT AUTHORITY. - Opp.Party(s)

SAHIL SHARMA

20 May 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	473 of 2022
Date of Institution	:	23.12.2022
Date of decision	:	20.05.2024

 

Pankaj Sharma s/o Sh. Shiv Ram Sharma, R/o H.No.255, Hissar Road, Durga Nagar, Ambala City, District Ambala.

……. Complainant

Versus

1. Registering Authority-Cum-Secretary, Regional Transport Authority,  Ambala.

2. Registering Authority (M.V)-Cum-Sub Divisional Officer (Civil), Ambala Cantt.

3. Registering Authority (M.V)-Cum-Sub Divisional Officer (Civil), Ambala City.

….….  Opposite Parties

Before:       Smt. Neena Sandhu, President.

                    Smt. Ruby Sharma, Member,

        Shri Vinod Kumar Sharma, Member.           

 

Present:-     Shri Sahil Sharma, Advocate, counsel for the complainant.                                                                                                                              None for the OP No.1.                                                                                                                                                                                        Defence of OPs No.2 and 3 already struck off.

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To convert the commercial vehicle of the complainant bearing registration no.HR-37-D-6299 to the private vehicle.
2. To pay Rs.3,00,000/-, on account of financial loss due to cancellation of registration certificate bearing registration no. HR-37-D-6299.
3. To pay Rs.1,00,000/- on account of mental agony, torture and physical harassment and inconvenience suffered by the complainant due to the act and conduct of the OPs.
4. To pay Rs.25,000/- as litigation expenses.
5. Grant any other relief which this Hon'ble Commission may deems fit.

 

2.             Brief facts of the case are that  the complainant had purchased a car bearing registration no.HR-37-D-6299 (bearing commercial number plate), make Maruti Suzuki, Model- Ritz LDI BS-IV from its first owner namely Sh. Ashwani Arora S/o Sh. Om Parkash for using the same to earn his livelihood. Registration authority Ambala i.e OPs No.2 and 3 transferred the above said car in the name of the complainant and thereafter the complainant became the registered owner of above said car and endorsement was made by registration authority Ambala to this effect. Thereafter, the complainant was running the said car for carrying and dropping the passengers to earn his livelihood and he was paying the due taxes to the authorities regularly. He then decided to use the above said car for private purpose and as such approached OP No.1 with a request application to convert the above mentioned car from commercial vehicle category to the private vehicle category and has fulfilled all the legal requirements for the same. OP No.1 after registering the application of the complainant issued a direction to OPs No.2 and 3 vide letter no.843 dated 30.03.2021 to convert the taxi into private vehicle and also cancel the registration certificate (RC) of the car bearing registration no.HR-37-D-6299. Since the registration certificate (RC) of the car bearing registration no.HR-37-D-6299 owned by the complainant was cancelled by OP No.1 vide letter no.843 dated 30.03.2021, the complainant was unable to drive the car and use for earning his livelihood. Thereafter, the complainant approached OPs No.2 & 3 and gave reference of the OP No.1 and requested them to convert his car from commercial to private vehicle. The OPs No.2 and 3 postponed the genuine request of the complainant on one pretext or another. Feeling aggrieved by the act and conduct of the OP's the complainant has also served a notice U/s 80 CPC to the OPs on 20.09.2022 but to no avail. Hence this complaint.
3.           Upon notice, OP No.1 appeared and filed written version and raised preliminary objections with regard to maintainability etc.  On merits, it has been stated that the vehicle of the complainant was registered as commercial vehicle having registration No.HR37D-6299 with the office of the OP No.1. The complainant made an application for converting the said vehicle from commercial vehicle to private vehicle. Accordingly, the OP No.1 issued order No.843 dated 30.03.2021 to OPs no.2 & 3 for converting the said vehicle from taxi to private vehicle, and NOC was issued to Registering Authority (MV), Ambala City on 26.04.2021 for registration of the said vehicle as private vehicle. However, thereafter the complainant approached the OP No.1 that in the record of the OP No.1 the said vehicle is registered as BS-III, whereas it is a BS- IV vehicle, and due to the said reason, he is facing difficulty in getting the vehicle converted from Taxi to private vehicle. After this error came to the notice of the OP No.1, request was made to the office of Transport Commissioner Haryana Chandigarh for rectification of the said error, as the said error could only be rectified at the end of the office of Transport Commissioner. The Transport Commissioner directed the OP No.1 to upload the Form No.22 on the online portal, but due to technical reasons, it could not be uploaded at the end of the OP No.1, and request was made to the Transport Commissioner office to revert back the application to the office of OP No.1 so that necessary documents can be uploaded. Thereafter, the needful was done, and the OP No.1 generated Application No.HR22011176156338 and uploaded the necessary documents for rectification of the error, and the rest was to be done by the Transport Commissioner office. OP No.1 in this regard wrote letters No.2285 RTA dated 6.6.2022, letter No.3155/RTA dated 22.08.2022 and letter No.590 RTA dated 9.3.2023 to the Transport Commissioner Haryana, Chandigarh. Now the said error has been rectified by the office of Transport Commissioner, and in the record, the vehicle has been duly shown as Bharat Stage-IV. So, nothing remains at the end of the OP No.1, and now further action for conversion of the vehicle from Transport to Non-transport vehicle is to be done by the OP No.3. After having knowledge of the aforesaid error, the OP No.1 has taken immediate steps to get the same rectified and has taken necessary action as per rules, as such there is neither any negligence nor any deficiency in providing service on the part of the OP No.1. Rest of the averments of the complainant were denied by OP No.1 and prayed for dismissal of the present complaint with costs.
4.           Despite availing number of opportunities, after putting appearance, when OPs No.2 and 3 did not file written version, their defence was struck of by this Commission vide order dated 12.04.2023.
5.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure CW/A alongwith documents Annexure C-1 to C-7 and closed the evidence on behalf of the complainant. However, it is pertinent to mention here that the OP No.1 failed to lead any evidence despite availing various opportunities, therefore, evidence of the OP No.1 have been closed by the order of this Commission on 16.04.2024.
6.           None put in appearance on behalf of OPs No.1 to 3 at the time of arguments, accordingly, we have heard the learned counsel for the complainant and have also carefully gone through the case file.
7.           Learned counsel for the complainant submitted that by not converting the vehicle in question from commercial to private vehicle, despite the fact that all necessary formalities have been completed by the complainant, the OPs are deficient in providing service. He further submitted that the complainant has unnecessarily been dragged into this litigation.
8.           It has not been disputed by OP No.1 in its written version that initially the vehicle of the complainant had been registered as commercial vehicle, and later on an application was received from the complainant to convert it from commercial to private vehicle; that order no.843 dated 30.03.2021 was also passed to OPs No.2 and 3 for the said conversion, for which NOC was also issued on 26.04.2021.  It is also an admitted fact that the vehicle in question could not be converted into private vehicle, because it was showing as BS-III instead of BS-IV in the record of OP No.1. The plea of the OP No.1 is that the Form No.22 has been uploaded and the error has been rectified and the vehicle in question is being shown as Bharat Stage-IV in the year 2023. So, nothing remains at the end of the OP No.1, and conversion of the vehicle from Transport to Non-transport vehicle is to be done by the OPs No.2 and 3.  Since this contention of the OP No.1 has not been rebutted by the OPs No.2 and 3, therefore, we are of the view that it was the bounded duty of the OPs No.2 and 3 to convert the vehicle in question from commercial to private vehicle, but they did not do so. Taking all these facts and circumstances into consideration, we do not hesitate to conclude that by not converting the vehicle of the complainant from commercial to private vehicle, the OPs have committed deficiency in providing service.
9.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs, in the following manner:-    
   1. OP No.1 shall handover Form No.22 to the OPs No.2 and 3 so that OPs No.2 and 3 are able to convert the vehicle in question from commercial to private vehicle.
   2. OPs No.1 to 3 shall pay compensation to the tune of Rs.3,000/- for mental agony and physical harassment caused to the complainant and also pay Rs.2,000/- as cost of litigation, within a period of 45 days from the date of receipt of the certified copy of this order, failing which the awarded amount shall entail interest @8% p.a. from the date of default, till realization.
   3. It is also made clear that in case OPs No.2 and 3 fail to get the vehicle converted into private vehicle on receipt of FORM No.22 from the OP No.1, within the period of 45 days then OPs No.2 and 3 shall be liable to pay penalty @Rs.50/- per day, to the complainant, from the date of default, till realization. 

Certified copy of this order be sent to the parties concerned, as per rules.File be annexed and consigned to the record room.          

 Announced:- 20.05.2024.

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President