Punjab

Rupnagar

CC/18/67

Dr.Achhar Sharma - Complainant(s)

Versus

Sub Divisional Magistrate - Opp.Party(s)

Sh. Kamal Singh Rana ,Adv

27 Nov 2018

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPAR

                                  Consumer Complaint No. : 67 of 14.08.2018

                                  Date of decision           :    27 .11.2018

 

Dr. Achhar Sharma, aged about 31 years, son of Sh.  Ram Pal, resident of Village Gambirpur, PO Thalluh, Tehsil Anandpur Sahib, District Rupnagar 

                                                                    ......Complainant

                                             Versus

Sub Divisional Magistrate/District Transport Officer cum Licensing & Registering authority, Rupnagar

                                                                             ....Opposite Party

                                    Complaint under Section 12 of the                                               Consumer Protection Act, 1986

QUORUM

 

                         SH. KARNAIL SINGH AHHI, PRESIDENT

                         SH. AMRINDER SINGH, MEMBER

ARGUED BY

 

Sh.Kamal Singh Rana, Adv. counsel for complainant  

Ms. Manpreet Kaur, authorized representative of OP 

 

                                             ORDER

               SH. KARNAIL SINGH AHHI, PRESIDENT

 

1. Complainant has filed the present complaint seeking directions to the opposite parties to provide the fancy registration number i.e. 9198 to the vehicle of the complainant and further directing him to pay the amount of Rs.1,00,000/- as compensation due to physically and mentally harassment of the complainant along with interest  @ 18% per annum  along with Rs.10,000/- as litigation expenses and any other relief which this ld. Forum may deem fit and proper in the circumstances of the case, may also be granted to the complainant and against the opposite party, in the interest of justice 
2. Brief facts made out from the complaint are that the complainant purchased the vehicle i.e. Grand I 10 Astha 1.1. DSL BSIV Car bearing Chassis No.MALA851DLEM115050D, Engine No.D3FAEM117005, Model 2014 from Bhakhra Service State Pvt. Ltd, Branch office Railway Road, Nangal, on 24.8.2014. In the office of OP, the complainant moved the application dated 21.2.2017 for the apply of Fancy registration number of the said vehicle i.e. 9198 and deposited the necessary fee of Rs.5000/- on 16.3.2017 in the office of opposite party and also deposited the necessary documents in the office of opposite party regarding the said fancy number. It was great shocked for the complainant, when he received the registration certificate of the vehicle i.e. PB12-Y-4481 instead of said fancy number from the office of opposite party on 21.4.2017. After that the complainant approached to the office of OP and raised his objection on the same day there at regarding non providing of the said fancy number, where you informed the complainant that it is only the clerical mistake and assured the complainant that the same will be corrected within few days. After lapse of few days, the complainant visited in the office of OP and asked the officials of the opposite party that they have provided the wrong registration number of the said vehicle, who suggested the complainant to approach the higher authority and after that, the complainant approached to the officials of the higher authority, who firstly linger on the matter with one excuse or the other and lastly, they openly refused to change the registration number of the said vehicle. Hence, this complaint 
3.  On notice, O.P. appears through authorized representative and filed written reply taking preliminary objections; that the complaint has been filed just to harm and harass the answering O.P.; that the complaint is not maintainable; that this court has no jurisdiction to try and entertain the present complaint as the answering OP is statutory body and the complainant is not consumer of the O.P. On merits, it is stated that the complainant applied for registration of his vehicle and submitted the paper he has annexed challan No.9617390641846 dated 16.3.2017 for an amount of Rs.43,130/- and challan No.9917390641850 dated 16.3.2017 Rs.800/- but has not submitted the any receipt regarding the jump number and then dealing hand put specific objection on the file. Complainant has not removed this objection for some days and in the mean time the official of OP punch the number, in routine to the vehicle of the complainant as complainant fail to produce the fee receipt regarding the jump number. Rest of the allegations made in the complaint have been denied and prayer has been made dismissal thereof. 
4.  On being called upon to do so, the learned counsel for the complainant has tendered his duly sworn affidavits of complainant Ex.C1 along with documents Ex.C2 to Ex.C7 and closed the evidence. The authorized representative of OP has closed evidence on behalf of OP.
5. We have heard the learned counsel for the parties and have gone through the record of the file, carefully.
6. Complainant counsel Sh. Kamal Singh Rana, argued that Dr. Achhar Sharma purchased one grand I10 DSL car from the manufacturer on 24.8.2014 and after the purchase moved application dated 21.2.2017 for the fancy registration number i.e. 9198 by depositing necessary fee of Rs.5000/- on 16.3.2017. But when the process completed then OP issued RC bearing registration No.PB-12-Y-4481 instead of fancy number 9198. The learned counsel made prayer that complaint be allowed to provide fancy number registration number 9198 directing the OP to make the payment of Rs.1,00,000/- as compensation with cost.
7. OP contested the complaint through Ms. Manpreet Kaur, authorized representative, who prayed to disposed of the complaint in view of the reply dated 13.11.2018 filed by the O.P. In the reply, OP has taken the plea that the complaint is not maintainable, the forum has no jurisdiction and on merit denied all the facts and made request that on 16.3.2017 an amount of Rs.43,130/- were paid along with Rs.800/- but not submitted any receipt for the jump number. Then OP taken the plea that when the complainant not brought in the knowledge of the OP qua the jump number then neither there is any deficiency on the part of OP nor the complaint deserves to be allowed. Lastly prayed to dismiss the complaint.
8. Issuance of the registration, deposit of RC fee Rs.43,130/- and then deposit of Rs.5000/- for fancy/jump number these are admitted facts. So due to non issuance of the jump number complainant approached to this forum. So it is a consumer dispute and complaint is maintainable.
9. Coming to the real controversy, whether the complainant has been able to prove deficiency in service on the part of OP or not. It is pertinent to mention that complainant purchased I10 Astha car in the month of August 2014. However, qua the purchase no document placed on file. But as per the pleadings complainant applied for the registration of the vehicle in the month of March 2017 and as per the reply filed by the OP deposited Rs.43,130/- as road tax along with Rs.800/- vide challan No.9617390641846. Non apply for issuance of the RC continuously for the period more than two and half years proves how much complainant is responsible person. Such like person should be dealt with strong hands as vehicle bringing on road without RC is dangerous to the public as well as harmful to the nation. Now OP issued the RC and has now dragged into the present litigation.
10. After the going through the complaint, the forum has come to the conclusion that complainant not placed on file the complete coyp of the file (Application) moved to the OP for the issuance of the RC, in case the complainant placed on file complete file for issuance of RC along with copy of Ex.C4 vide which the Licensing Authority, Ropar allowed to fill up the necessary papers and then the complainant deposit Rs.5000/- into the Punjab Motor Vehicle Department on 16.3.2017 for issuance of the jump number PB-12-Y-9198. As such, no document or complete copy of the file vide which an applied for the issuance of the RC not placed by the complainant in this complaint in the shape of evidence. To meet out the arguments, the learned counsel for the complainant referred Ex.C1, certificate and prayed it shows that complainant attached the request of fancy/jump number. The forum has gone through the entire document Ex.C2, there is no recital either the complainant applied for fancy number or the said request/receipt of deposit of Rs.5000/- was attached with the main file. In this way, in case the complainant moved application for the jump number and said application is without date and officer put the date under his signatures 21.2.2017 and deposit Rs.5000/- on 16.3.2017. If the said document not placed on file of the OP then it cannot be held that complainant has been able to prove the deficiency on the part of OP. But it stand established he deposit Rs.5000/- on 16.3.2017.
11.     After appreciating the totality of document, the forum has come to the conclusion that complainant is not entitled to the refund claimed qua the jump number as OP has already issued RC bearing No.PB-12-Y-4481. So the said relief has been declined. However, he deposited Rs.5000/- with OP and the said payment has been un-utilized till today for that complainant is held entitled to get back. Accordingly, OP is directed to refund the said amount of Rs.5000/- within 45 days from the date of receipt of copy of this order, failing which the O.P. paid the said amount along with interest @ 8 per annum from the date of order . 
12.   The certified copies of this order be supplied to the parties forthwith, free of costs, as permissible under the rules and the file be indexed and consigned to Record Room.

                      ANNOUNCED                                                  (KARNAIL SINGH AHHI)

                      Dated.27.11.2018                                        PRESIDENT
 

 

 

                                                            (AMRINDER SINGH)

                                                                                MEMBER