Chandigarh

DF-II

CC/434/2021

Mr. Gaganvir Singh Gill - Complainant(s)

Versus

State Transport Commissioner Punjab - Opp.Party(s)

Paritosh Vaid Adv.

30 Jun 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	434 of 2021
Date  of  Institution	:	13.07.2021
Date   of   Decision	:	30.06.2022

 

 

 

 

Gaganvir Singh Gill, Advocate S/o Sarabjit Singh Gill, resident of House No.4765, Opposite Nagar Panchait Office, Machhiwara, Tehsil Samrala, District Ludhiana, Punjab PIN 141115           …..Complainant

Versus

1]  State Transport Commissioner, Punjab, having its Office at SCO 177-78, 1^st, 2^nd, 3^rd Floor, Sector 17-C, Chandigarh 160017

2]  Regional Transport Office, Ludhiana, having its office at Unnamed road, Jila Kacheri Area, Model Gram, Ludhiana, Punjab 141001

    ….. Opposite Parties 

 

BEFORE:  SMT.SURJEET KAUR     PRESIDING MEMBER

         SH.B.M.SHARMA                     MEMBER 

                                                        

 

 

Argued by :-  Sh.Paritosh Vaid, Adv. for complainant.

 Opposite Parties exparte

 

 

PER B.M.SHARMA, MEMBER

 

         Briefly stated, the complainant, in order to get fancy/reserved number for his newly purchased Innova Car, participated in bid on the e-auction portal of OPs held between 15.11.2020 to 21.11.2020 for Number PB10HC0006 and paid an amount of Rs.1000/- on 17.11.200 as participation charges (Ann.C-2). It is stated that the as the complainant was the only bidder for the said number, so he was assigned the said fancy number after paying an amount of Rs.25,000/- being its reserved price (Ann.C-3). Accordingly, the OPs issued allotment letter dated 21.11.2020 to the complainant for allotment of said fancy number (Ann.C-4).  Thereafter, the complainant applied to OPs for permanent registration of said fancy number on his vehicle vide application dated 25.11.2020.  However, the OPs failed to process the permanent registration application of the complainat in due course of 15 days from the date of issuance of allotment letter which got expired on 5.12.2020.  Resultantly, the allotment of reserved number automatically stands cancelled and the allotted reserved number was released for the public e-auction.  The complainant agitated the matter with OPs about the delay on their part in processing and finalizing his application in time despite payment of road tax on time, but they did not pay any heed (Ann.C-7). The complainant also sent legal notice dated 30.5.2021 to the OPs (Ann.C-8), but the OPs neither refunded the amount of Rs.25,000/- nor replied the legal notice of complainant nor redressed his grievance.  Hence, this complaint has been preferred.

 

2]       OPs No.1 & 2 did not turn up despite service of notice, hence they were proceeded exparte vide order dated 23.12.2021.

3]       Complainant led evidence in support of her contention.

4]       We have heard the ld.Counsel for the complainant and have gone through entire documents on record.

5]       From the perusal of the record, it is proved that the complainant paid an amount of Rs.25,000/- to the OPs for having Vehicle No.PB10HC0006 and he has been allotted the said vehicle number by the OPs vide Allotment Letter dated 21.11.2020 (Ann.C-3 & C-4).  It is also proved that the complainant had also deposited the road tax with OPs vide Ann.C-6.  However, due to delay in processing the application at the end of OPs, the allotment of said number was cancelled automatically after 15 days and it has been released to public for e-auction, but the amount of Rs.25,000/- has not been refunded to the complainant despite request and legal notice.     

6]       The assertions of the complainant supported by duly sworn affidavit prove the present case, which have gone unrebutted. In our opinion, the OPs should have refunded the amount to the complainant at least when he made such request as the OPs did not render any service to the complainant despite receipt of the amount. Therefore, the deficiency in service as well as unfair trade practice on the part of the OPs is proved.  Hence, the present complaint of the Complainant deserves to succeed against the Opposite Parties and the same is accordingly allowed. The Opposite Parties No.1 & 2 are is directed to refund an amount of Rs.25,000/- to the Complainant and also to pay compository amount of Rs.15,000/- towards compensation and litigation expenses.

         The above said order shall be complied with by the Opposite Parties jointly & severally within a period of 45 days from the date of receipt of its copy, failing which they shall be liable to pay additional cost of Rs.5000/- apart from above relief.

        Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced                                                     

30^th June, 2022                        

                                                                        Sd/-

(SURJEET KAUR)

PRESIDING MEMBER

 

 

Sd/-

 (B. M. SHARMA)

MEMBER