Haryana

Panchkula

CC/150/2020

AJAY SOOD - Complainant(s)

Versus

SUB-DIVISIONAL MAGISTARTE -CUM-MOTOR VEHICLE. - Opp.Party(s)

RAJESH KUMAR & NITIN SOOD.

28 Feb 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

 

                                                       

Consumer Complaint No	:	150 of 2020
Date of Institution	:	09.03.2020
Date of Decision	:	28.02.2022

 

Ajay Sood aged about 60 years son of Sh. Y.P.Sood, Resident of H.No.621, Sector-7, Panchkula.

 

                        ….Complainant

Versus

Sub Divisional Magistrate-cum-Motor Vehicle Registration Authority, Panchkula.   

                                                                                         .….Opposite Party

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019.

 

Before:              Sh.Satpal, President.

Dr.Pawan Kumar Saini, Member.

Dr.Sushma Garg, Member.

 

For the Parties:   Sh. Rajesh Kumar, Advocate for the complainant.

                        Sh. Sajjan Kumar, Authorised representative of OP.  

                       

                                        ORDER

Satpal, President

1.              The brief facts of the present complaint are that the complainant purchased a car make Maruti Zen LX, bearing Registration No.HR-26U-2535, Chasis No.00735993 and Engine No.260336 from Sh.Manoj Sahni. After purchasing the said vehicle, the complainant after getting NOC from the Registration Authority, Gurugram got the said vehicle transferred in his name before the Registration Authority, Panchkula in the year 2007-08 and to this effect the Registration Authority, Panchkula has also issued the Registration Certificate in the name of the complainant. He applied to the Opposite party(hereinafter  referred to as OP) for extension of the period of Registration Certificate of his vehicle which was going to expire on 01.01.2019(15 years from the date of issue dated 02.01.2004) with the Registration Authority, Panchkula in November, 2018 and after completing all the formalities of filling up forms etc., as desired by the OP. The complainant has visited more than 50 times in the office of the OP and every time the complainant was told that the confirmation of NOC from RTO, Gurugram has not been received despite issuing of letters, whereas a matter of fact, the complainant all the times conveyed to the OP  or its officials  that since the vehicle in question has already been transferred by the OP after taking No Objection from the Gurugram RTO but the officials of OP always postponed the matter on one or the other pretext.  Even the complainant has visited the RTO Gurugram to give the No Objection Certificate to the complainant so that the Registration Certificate of the vehicle bearing Registration No.HR26U-2535 may be renewed for further 5 years,  but the officials of the RTO Gurugram conveyed to the complainant that once they have given the No Objection in the year 2007-08 then they cannot give another No Objection and further conveyed that since there was manual system at that time so the copy of the said No Objection is available with the OP and not with them. The complainant then again conveyed these facts to the OP but again the OP and its officials did not any help to the complainant. As and when the complainant visited the office of the OP, he had to wait for long time and no proper reply was given by the officials concerned. The complainant requested the OP several times but the OP did not pay any heed to the genuine request of the complainant. The Insurance of the vehicle also could not be renewed due to non registration/extension of Registration certificate and the complainant will have to pay penalty at the time of renewal of the insurance policy due to delayed renewal. Due to act and conduct of the OPs, the complainant has suffered mental agony, physical harassment and financial loss; hence, the present complaint.

2.             Upon notice, OP appeared through authorized representative and filed written statement raising preliminary objections.  On merits, it is stated that upto 25 Feb, 2017, there was manual system of registration and issuance of No Objection Certificate in regards to motor vehicle. In the present case, after getting NOC from Registration Authority, Gurugram in the year 2007-2008, the complainant got the vehicle transferred in his name by Registration Authority, Panchkula in the year 2007-08. In the year of 2018, the complainant approached the office of answering OP for extension/renewal of the period of Registration Certificate which was going to the expired on 01.01.2019. At present, there is online portal system for registration of motor vehicles. Form No.24 issued in the year 2004, bears the name of registering authority as Gurugram North. The online portal system does not proceed further, till the backlog is updated. The procedure of updating backlog is to be done by Transport Authority, Gurugram North. In view of the submission made above. The answering OP is unable to do extension/renewal of registration, till the data of backlog is updated online by the Transport Authority, Gurugram North. Thus, there is no deficiency in service on the part of the OP and prayed for dismissal of the present complaint.

3.             To prove his case, the learned counsel for the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-3 in evidence and closed the evidence by making a separate statement. On the other hand, the Authorised representative of OP by making a separate statement stated that the reply filed on 10.11.2020 in the present case on behalf of the OP may be treated as an Affidavit in evidence.

4.             We have heard the learned counsel for the complainant and the authorized representative of OP and gone through the entire record available on file, carefully and minutely.

5.             Admittedly, the vehicle no.HR-26U-2535, initially, was registered with the Registration Authority, Gurugram on 02.01.2004, as per Annexure C-1 and its owner was Sh.Manoj Sahni son of Sh. K.L.Sahni. The validity of the registration certificate of the said vehicle was upto 01.01.2019. It is also an admitted fact that the said vehicle was transferred in the name of the complainant in the year 2007-08 as per entry made in this regard on the back side of Registration certificate (Annexure C-1) by the Registration Authority, Panchkula i.e. the Opposite party. It is also an admitted fact as per averments made by the OP in Para No.2 of its reply that the aforesaid vehicle was transferred in the name of the complainant in the year 2007-08 after getting the no objection certificate(hereinafter referred to as NOC) from the Registration Authority, Gurugram. Further it is also not in dispute that the complainant submitted the file alongwith necessary documents i.e. Form No.25, Self declaration, Form No.24, Pan Card, Identity card, copy of insurance effective from 03.01.2018 to 02.01.2019 with the OP for extension of validity period from 03.01.2019 to 02.01.2020 etc.(Annexure C-2(colly)). It is relevant to mention here that the Concerned Inspecting Authority, Panchkula after inspecting the said vehicle has passed the vehicle upto 26.11.2023 as is evident from the certificate given at the below portion of the Form No.25. Further, a perusal of Annexure C-3 reveals that the said vehicle was passed on 27.11.2018 by MVI Panchkula valid upto 26.11.2023 for further renewal/registration validity of the vehicle. In view of the certificate given by the MVI, Panchkula i.e. the relevant inspecting authority with regard to the fitness of the vehicle, there was/is no technical hitch in extending the validity period of the registration certificate by the Registration Authority, Panchkula i.e. OP.  Even, the OP has no objection with regard to the fitness of the vehicle as per averments made in its reply. The OP has expressed its inability in extending the validity period of the vehicle on the sole ground that the relevant record has not been up dated by the Registering Authority, Gurugram (North) on the online portal system. In this regard, the relevant pleadings made in Para No.4 of its reply is reproduced as under:-

                “As present, there is online portal system for registration of Motor       Vehicles. Form No.24 issued in the year 2004, bears the name of registering    authority as Gurugram North. The online portal system does not proceed further,   till the backlog is updated. The procedure of updating backlog is to be done by      Transport Authority, Gurugram       North”.

6.             In our opinion, non updation of the relevant record pertaining to registration of motor vehicle on the online portal system by the Registering Authority, Gurugram cannot be a ground for the OP to deny the extension of the validity period of the Registration Certificate of the vehicle. As per the Section 48 of Motor Vehicle Act, NOC is necessary in the case of transfer of the vehicle from one Registering Authority to another Registering Authority. As mentioned above, the required NOC was submitted by the complainant in the year 2007-08 while getting the vehicle transferred in his name. The OP in this regard has admitted this fact in Para No.2 of its reply, the relevant part of its reply which is reproduced as under:-

                “In the present case, after getting NOC from Registration Authority,   Gurugram in the year 2007-08, the complainant got the        vehicle   transferred in his name by Registration Authority, Panchkula in the year  2007-08”.

7.             It is pertinent to mention here that no fresh NOC in the matter from the Registering Authority, Gurugram(North)as alleged was required in connection with the extension of the validity period of the vehicle in question but even if it is assumed that it was required by the OP then in that eventuality it was its bounded duty to arrange the required NOC from the Registering Authority, Gurugram(North). We find no communication in the shape of letters or mails etc. on record ever made by the OP to Registering Authority, Gurugram(North) requesting for the updation of the record of the vehicle in question on its online portal system. Even otherwise it is not the case of the OP that it has ever asked the Registering Authority, Gurugram(North) to update the record of the vehicle in question on its online portal system.

8.             The aforementioned discussion leads us to the irresistible conclusion that there has been gross lapse and negligence on the part of the OP while delivering service to the complainant; hence the complainant is entitled to relief.

9.             Now coming to the relief clause, it may be mentioned that the complainant is prevented to utilize the vehicle in question since January, 2019 for want of non extension of the validity period of Registration Certificate for which the officials of OP alone are responsible to compensate the complainant.

10.            As a sequel to above discussion, we partly allow the present complaint with the following directions:-

1.  The OP is directed to take up the matter with Registering   Authority, Gurugram(North) regarding the updation of the record of the vehicle in question on the online portal system and extend the validity period of the Registration Certificate within a period of 45 days.
2. The OP is directed to pay a lump sum compensation of Rs.5,000/- to the complainant on account of mental agony, physical harassment and litigation charges, which shall be recovered from the concerned erring official/ officials.

 

11.            The OP shall comply with the order within a period of 45 days from the date of communication of copy of this order failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, 2019 against the OP. A copy of this order shall be forwarded, free of cost, to the parties concerned and file be consigned to record room after due compliance.

 Announced on:28.02.2022

 

 

          Dr.Sushma Garg         Dr. Pawan Kumar Saini             Satpal

                  Member                  Member                           President

 

Note: Each and every page of this order has been duly signed by me.

 

                                         Satpal

                                        President