ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:
JUDGMENT
Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;
“Direct the opposite party No.1 to 4 not to repossess the vehicle, supply a copy of the loan agreement and current account statement and to receive the installment for the loan without adjusting the same in any other charges and to exonerate the complainant from any other unnecessary charges and the O.P. No.5 is directed to provide the registration certificate and insurance certificate and to pay compensation of Rs.5,00,000/- jointly ”.
The brief fact of the case is that, in October 2019 the agents of opposite party No.1 to 4 convinced the complainant to purchase TAFE 7250 Massey Ferqusn Tractor and the opposite party No.3 assured the complainant to provide finance for tractor and could able to sanction one agriculture loan through opposite party No.1 complainant paid for margin money along with the cost of registration and insurance was with financed amount. After a month when the registration certificate did not reach at the house of the complainant as per rule, she enquired about the matter and came to know that due to some dispute between financer and showroom the opposite party No.5 fail to produce all the necessary papers at RTA and when the matter stood thus the complainant time and again requested the dealer for do the needful for registration of the vehicle and other papers in order to fit it for insurance papers up date but the dealer deferred the matter showing some reason and others and assured to do all the needful after lock down and shut down of Covid-19 pandemics and finding no other alternative the complainant stopped plying the vehicle from the month of April, 2020 and t he vehicle kept idle and it is too difficult to pay the installment in time for him. In the mean time the opposite parties No.1 to 4 pressurized for recovery of loan in spite of knowledge of the aforesaid facts the complainant has paid Rs.2,30,510/- as installments to the opposite parties in spite of all the difficulties. On 14.7.2022 the opposite parties No.1 to 4 without serving any notice regarding the loan amount, outstanding, and other accepts of loan with proper calculation reached for seize the vehicle, but failed to do so as the vehicle could not be moved due to damage battery condition and mechanical problem and now threatening the complainant through their a gents to repossess her vehicle at any time with help of break down service.
The opposite parties No.1 to 4 have filed written version stating as;
The subject matter of disputes contained in the consumer complaint relates to the allegations about non registration of the vehicle being raised nearly after two and a half years which is the responsibility of the owner to get the vehicle delivery along with vehicle papers and supply of vehicle documents are dealer related issues which are not within the preview of financer who deals with finance business only. The complainant availed loan of Rs.6,50,000/- after execution of loan agreement dtd.05.02.2020 on the condition to repay the same along with finance charges Rs.4,02,098/- in 58 monthly installments to be paid punctually on the dues dates without any delay. After paying eight installments on delayed dates, the complainant stopped paying the EMIs and continued to enjoy the benefits from the hypothecated vehicle without paying any EMIs. As on date there is an arrear of 15 unpaid installments amounting Rs.2,41,543/-excluding future 35 installments. Six months moratorium has also been granted due to the sudden outbreak of Covid-19 and consequential lockdown. The complainant having breached the contractual terms cannot pay for any reliefs as there is no deficiency in service as alleged in the complaint petition. The opposite parties send an advocate notice on 05.6.2021 and Arbitration Reference letter dtd.04.10.2021 with postal receipts are proofs of prior notice. The learned Arbitrator has been pleased to pass an order of seizure under Sec.17 of the Arbitration and Conciliation Act which is deemed to be an order of a court enforceable under the provision of Civil Procedure Code. At the time of taking delivery of vehicle it is the duty to the purchaser to get one set of vehicular documents from the dealer. In fact the complainant was not supposed to take delivery of the tractor without papers and should not have plied it on road without registration certificate violating the provision of MV Act and Rules. The duty of the borrower to get the vehicle registered U/s.39 of the MV Act otherwise registered owner is liable for violation of MV Rules. Sec.40 specifically states that every owner of a motor vehicle shall cause the vehicle to be registered and hence it is not the financer to register the vehicle. The complainant was silent about registration from 2020 and has approached this Hon’ble Commission after expiry of two and half years. The complainant has paid only Rs.1,37,152/- towards installments and not Rs.2,30,510/- as alleged and has obtained an ex-parte interim order before appearance of the opposite parties on being noticed. Prior to filing of this consumer complaint, the complainant has issued a cheque of Rs.2,00,000/- which got bounced and a case has been filed on 16.4.2022 before learned JMFC (CITY) Cuttack vide ICC Case No.128 of 2022. The complainant has come up with an after thought cock and bull story with an intention to avoid the loan liability.
Though notice was issued to opposite party No.5 i.e. the dealer of the vehicle who has sold the vehicle and he has not appeared in this proceeding. As per section 41 of Motor Vehicle Act, 1988 is quoted below;
S.41.Registration,how to be made.-(1)An application by or on behalf of the owner of a motor vehicle for registration shall be in such form and shall be accompanied by such documents, particulars and information and shall be made within such period as may be prescribed by the Central Government.
Provided that where a motor vehicle is jointly owned by more persons than one, the application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of the motor vehicle for the purposes of this Act.
(Provided further that in the case of a new motor vehicle, the application for registration in the State shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same state in which the dealer is situated).
It is not at all disputed that the vehicle was purchased from opposite party No.1 and it was to be registered within the State and opposite party No.1 has failed in his duty to register the vehicle is complete violation of Section 41 as quoted above.
Several cases have come to our knowledge regarding non- registration of tractors in rural areas causing loss of revenue to public exchequer for which we direct our registry to send copy of the order to RTO, Jagatsinghpur, STA, Cuttack and Secretary Transport and Vigilance Department to enquire about non registration of particularly tractors in RTO, Jagatsinghpur and necessary steps may be taken to recover the revenue of state exchequer.
In view of the order passed by learned Arbitrator on 07.6.2022 i.e. prior to filing of this case and vehicle being used commercially this Commission lacks jurisdiction to entertain such application particularly when the complainant herself has not carried out the order passed by this Commission as well as by Hon’ble State Commission. Non registration of vehicle for years together and using the same by complainant speaks many things of complainant for which we direct the opposite party No.5 to register the vehicle bearing the entire cost. However complainant to deposit the amount as directed by the Hon’ble State Commission and rest of the pending amount to be paid within a year on monthly installments basis along with regular installments, if the complainant fails to pay the installments then the opposite parties are free to repossess the vehicle. Accordingly the consumer complaint is disposed of. No cost.
