| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA C.C.No. 288 of 28.9.2023 Decided on : 30.01.2024 Harmanjot Singh, aged about 32 years, son of Sh.Sardool Singh, resident of Vill. Gurusar SaineWala Tehsil & Distt. Bathinda. ........Complainant Versus State Transport Commissioner, Punjab, Chandigarh. Regional Transport Authority (M.V.,), Mini Secretariat, Bathinda.
.......Opposite parties Complaint under Section 35 of the Consumer Protection Act, 2019 QUORUM Sh. R.L Mittal, President Smt. Shardha Attri, Member Present : For the complainant : Sh. Parminder Singh, Advocate. For opposite parties : Opposite parties Ex-parte. ORDER R.L Mittal, President The complainant Harmanjot Singh (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against State Transport Commissioner and another (here-in-after referred to as opposite parties). Briefly stated, the case of the complainant is that the complainant had purchased one Tractor of New Holland India from Sidhu Trading Co., Near Guru Gobind Singh Stadium, Sirsa Road, Mandi Dabwali on 31.5.2023 vide Invoice No.2023-24T60 for RS.11,25,000/- (copy of the Invoice is attached as Ex.C2) and the complainant had also got the said vehicle insured with Reliance General Insurance Co. Ltd. That the complainant applied for the registration of the said vehicle in his name with the opposite party No.2 by depositing the requisite fee for the registration of the vehicle. It is submitted that the complainant had fulfilled all the required formalities for registration of the said vehicle and had also deposited all the requisite fees/taxes. Thereafter, the OP No.2 allotted registration Number PB-03BM-5620 to the said vehicle of the complainant and gave a copy of the Number Registration Fee E-receipt dated 22.6.2023, (Ex.C5). It is alleged that a period of more than three months had elapsed since the date of application for the registration of the said vehicle in the name of the complainant but the opposite parties failed to provide the Registration Certificate of the said vehicle to the complainant. It is added to note that as per the Notification issued by the opposite party no.1, the last date to apply for the registration of the said category of vehicles was upto 30.6.2023 and the complainant had applied for the registration of the vehicle well within time by depositing the requisite fee. That the complainant approached the opposite party no.2 time and again to enquire about the Registration Certificate of the said vehicle but the opposite party no.2 failed to give any satisfactory reply to the complainant and also failed to provide the registration certificate of the vehicle in-question. That, as a result the complainant is unable to ply the said vehicle in the absence of the Registration certificate. On this backdrop of facts, the complainant has prayed for directions to the opposite parties to provide the registration certificate of the aforesaid tractor of the complainant immediately. The opposite parties may also be directed to compensate the complainant to the tune of Rs.2,00,000/- on account of mental tension, agony, botheration, harassment and humiliation suffered by the complainant and Rs.33,000/- as litigation expenses. Upon notice, none appeared on behalf of opposite parties. As such, ex-parte proceedings were taken against it. In support of the complaint, the complainant has tendered into evidence his affidavit dated 28-9-2023 (Ex.C1) and documents, (Ex.C2 to Ex.C13). We have heard learned counsel for the complainant and gone through the file carefully. Learned counsel for complainant has reiterated his stand as taken in his complaint as detailed above. We have given careful consideration to these submissions. In the present case, the complainant had purchased an Agricultural Tractor (Non-Transport Type) for personal use on 31.5.2023 vide invoice No.2023-24T60, (Ex.C2) and he had applied for registration of the said vehicle vide Application No.23062285209801 dated 22.6.2023, (Ex.C6) with RTA Bathinda, Government of Punjab i.e., opposite party No.2, after fulfilling all the required formalities for the registration of the said vehicle. A perusal of the documents on record shows that the said vehicle falls under Emission Norms Bhart (Trem) Stage III A and vehicles falling under this category were opened for registration upto 30.6.2023 as per the notification issued by the State Transport Commissioner, Punjab i.e., opposite party No.1, vide its letter dated 16.6.2023. As the complainant had applied for registration of the said vehicle before 30.6.2023, the complainant was fully entitled to ge the Registration Certificate (R.C) of his vehicle issued. On the basis of above observations, it is clear that there has been an unreasonable delay in issuance of Registration Certificate (R.C) to the complainant which amounts to deficiency in service on the part of opposite parties. Moreover, opposite parties have not come forward to contest the present complaint. Therefore, evidence of the complainant is unrebutted and unchallenged and there is no reason to disbelieve the version of the complainant. Accordingly, in view of the above, the present complaint is partly allowed and opposite parties are directed to issue the Registration Certificate (R.C) of the said vehicle to the complainant at the earliest and also to pay the compensation of Rs.30,000/- on account of mental tension, agony, botheration and humiliation suffered by the complainant and a sum of Rs.10,000/- as litigation expenses to the complainant. The compliance of this order be made within 45 days from the date of receipt of copy of this order. The complaint could not be decided within the statutory period due to heavy pendency of cases Copy of order be sent to the parties concerned free of cost and file be consigned to the record room. Announced:- 30.01.2024 - (R.L Mittal)
President (Shardha Attri) Member
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