Case No. 10/2023   

      IN THE MATTER OF

              Bhupendra S/O Satya Pal Singh R/O Nagla Bhood Silla, Vishvan Pur Rahasu Pur, Distt- Aligarh

                                           V/s

1. Shriram Transport company Ltd. Reged office H.N. 16 first floor Niwari House, Mohan Lal Gautam Crossing GT Road Aligarh through authorized signatory
2. Regional Transport Officer (Tax) GT Road, Aligarh

  CORAM

              Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhyaya, Member
3. Smt. Purnima Singh Rajpoot, Member

             PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

1.   The OP no.1 be directed to imdemnify the complainant by making payment of tax amount Rs. 163868/ to the Op no.2.
2. OP no.2 be restrained from realizing the tax amount Rs. 163868/ from the complainant.
3. Op no.1 be directed to pay compensation Rs.50000/ for harassment and Rs. 10000/ for litigation expenses.

2. Complainant stated that he had purchased a goods carrier bearing no. UP 81 AF 1537 with the financial assistance given by Op no.1 and the vehicle was registered subject to hypothecation in favour of Op no.1. Complainant had paid number of EMIs of the loan amount to Op no.1 but vehicle was forcibly seized by its musclemen and sold on 19.2.2020. Complainant was never given any notice by Op no.2 regarding issueance of  fresh certificate of registration in the name of op no.1 in view of section 51(5) of the MV Act, 1988. Complainant has paid the tax due up to 31.8.2019 and he is not liable for payment of alleged tax amount Rs. 163868/ as thereafter vehicle was not in possession and use of the complainant.     
3.  Op no.1 has not filed WS despite of sufficient service.
4. OP no.2 stated in WS that the vehicle is registered at present in the name of the complainant and the financer never informed the Op no.2 to take possession of vehicle and the tax for period from 1.8.2019 to 31.1.2023 at Rs.163868/ is due against the vehicle and the recovery certificate was issued to  recover the said amount through Zila Adhikari.
5. Complainant has filed his affidavit and papers in support of his pleadings.  OP no.2 has also filed their affidavit and papers in support of their pleadings.

7. We have perused the material available on record and heard the parties counsel.

8. The first question of consideration before us is whether the complainant is entitled for the reliefs claimed?

8. It is evident that the complainant has paid the tax due up to 31.7.2019 and thereafter taking forcible possession of the vehicle by the Op no.1, Op no.1 was under obligation U/s 51(5) of the MV Act to get the fresh registration certificate of the vehicle but no information was given by the OP no.1 to op no.2 regarding seizure of the vehicle and to get registration certificate of the vehicle. Under the circumstances, Op no.1 is liable to pay the tax due against the vehicle after 31.7.2019. Op no.2 has withdrawn the recovery certificate issued against the complainant to recover the tax through Zila Adhikari, Aligarh vide letter dated 17.2.2023 and OP no.2 has also issued notice dated 23.9.2023 to OP no.1 to pay the tax due against the vehicle for the period from 1.8.2019 to 31.10.2023 which has been calculated at Rs. 204524/. Accordingly, complainant is entitled to the reliefs claimed.   
9.  The question formulated above is decided in favor of complainant.
10. We hereby direct the Op no.2  not to realize any tax amount whatsoever due against the vehicle from the complainant and  OP no.1 is directed to pay the tax amount Rs. 204524/ or any amount of tax to be due against the vehicle to OP no.2. OP no. 1 is also directed to pay to the complainant Rs. 50000/ as compensation for harassment and Rs.10000/ for litigation expenses.
11. Ops shall comply with the direction within 45 days failing which Ops shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
12.  A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties. 
13.  File be consigned to record room along with a copy of this judgment.