Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 725.
Instituted on : 22.12.2017.
Decided on : 21.11.2019.
Krishan, aged 22 years, son of Shri Raj Kumar, resident of village Gaddi Kehri, Tehsil & District Rohtak.
……..Complainant.
Vs.
- State of Haryana through its Deputy Commissioner Rohtak.
- Regional Transportation Officer-cum-District Transportation Officer, Rohtak.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. RENU CHAUDHARY, MEMBER.
MS. TRIPTI PANNU, MEMBER.
Present: Shri Dharmender Singh, Advocate for complainant.
Sh.Ashish Tehlan ADA for opposite party no.1.
Shri Kulwant Singh for opposite party No.2.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant is registered owner of Motor Cab TR bearing Registration No.HR-46E-2160, Model-XCENT VTVT E +, manufacturing dated 4/2017 Tax paid upto 31.3.2018 regd. Validity 12.7.2032. The above said vehicle was passed on 23.6.2017, by the OP no.2 as Eccent Taxi Tourist Permit and he paid the fees for C.N.G. on dated 29.9.2017. All the requisite documents were submitted by the complainant in the Office of OP no.2 before three months. On dated 22.12.2017, the complainant meet to the concerned official of OPs to know about the proceedings of his work, but concerned officials has disclosed that the registration number of his vehicle has allotted to other vehicle on paid fees amounting of Rs.10,000/- and his work is stayed by them. The complainant has been suffering by the hands of OPs from six months. This vehicle is hypothecated with Kotak Mahindra Bank and the monthly installment is very heavy. Without R.C. and other requisite documents, the complainant is unable to earn single penny by his vehicle. In these circumstances, the complainant suffered irreparable loss and mental agony, but the OPs has no sufficient answer to the complainant. The complainant completed all requirements of the OPs but the OP no.2 has not issued the documents to the complainant till date. Hence this complaint and the complainant has prayed for directing the opposite parties to issue requisite documents i.e. Registration Certificate with C.N.G Kit and directed to pay the claim amount Rs.2,50,000/- on account of loss of income and six months installment and Rs.50,000/- on account of harassment alongwith interest @ 18% from the date of application for registration.
2. After registration of complaint, notice was issued to the opposite parties. Opposite parties in their reply has submitted that the complainant had applied for registration of his vehicle in the Office of OP no.2, the same was registered on 13.7.2017 at registration no.HR-46E-2160. It is also submitted that the complainant has applied for National Tourist Permit on the aforesaid Car, and the same was issued on 13.7.2017. On dated 7.9.2017, the complainant made an application in the Office of OP no.2 for adding C.N.G. kit in the R.C. of above said car. The official of OP no.2 asked the complainant to deposit the old RC as after adding the CNG kit, the new RC is to be issued. The complainant replied to the dealing hand that he will deposit the old RC when he receive new RC after adding CNG kit as he is unable to ply his car with RC. On 29.9.2017, the complainant had deposited the requisite fee of adding of CNG kit in RC of the above said vehicle in the office of OP no.2, but he did not deposit the old RC intentionally. Thereafter, entry of CNG kit was made in the Registration record of the said car and a new RC has been delivered to the complainant without any delay. But the complainant did not deposit the aforesaid old RC till today despite receipt of notices. There is no deficiency in service on the part of opposite parties. All the other contents of the complaint were stated to be wrong and denied and opposite parties prayed for dismissal of complaint with costs.
3. Ld. counsel for the complainant has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C9 and closed his evidence on 5.12.2018. Ld. counsel for the OPs tendered affidavit Ex.RW1/A, documents Ex.R1 and Ex.R2 and closed his evidence on dated 6.2.2019. 4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. After going through the file and hearing the parties it is observed that in the present case complainant has not placed on record any document to prove that the vehicle of the complainant was still standing during the process when the R.C. was handed over to the opposite party for adding the CNG kit. There are so many documents through which the complainant can prove that he could not repay the installments because the vehicle was not used for commercial purpose in the absence of the R.C. Vehicle was serviced during this period and the mileage has been mentioned in the service record but this document is not placed on record by the complainant. Moreover, the complainant has not written any complaint to the Registration Authority through mail or registered post that there is a delay in adding CNG kit and he has not received any R.C. On the other hand, an affidavit has been filed by Sh. Ajay Kumar, I.A.S., Secretary Regional Transport Authority, Rohtak, as per which, complainant applied for adding CNG kit in the R.C. of the said car on 07.09.2017, complainant also deposited the requisite fee for adding the CNG kit on 29.09.2017 but he did not deposit the old RC with the office of opposite party No.2. After entry of CNG kit in the R.C., a New RC has already been delivered to the complainant without any delay. Before delivery of new RC the dealing hand of the opposite party no.2 demanded old RC from the complainant but he did not deposit the same on the plea that the car is out of station and RC in question is with the car and he will deposit the same later on in the office of opposite party No.2. But till today, he has not deposited the Old RC of vehicle in the office of opposite party No.2 despite receipt of notices. Copy of notices Ex.R1 dated 03.09.2018 and Ex.R2 dated 16.05.2018 are also placed on record.
6. From the documents placed on record, it is proved that the R.C. in question after adding CNG kit has already been issued to the complainant by the opposite party and the complainant has failed to prove any loss due to non-use of vehicle in question. Hence there is no deficiency in service on the part of opposite party and as such, present complaint stands dismissed with no order as to costs.
7. 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:
21.11.2019.
…………………………………..
Nagender Singh Kadian, President
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Renu Chaudhary, Member.
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Tripti Pannu, Member.
