MR. PRABODHA KUMAR DASH, PRESIDENT:-             

                     This is an application U/S-35 of C.P.Act, 2019. The Complainant prejudiced by arbitrary action R.T.O, Kendrapara issued a letter vide No. 3871 dt. 13/10/2022, where in the Op illegally imposed penalty without any fault of the consumer. Heard the Complainant in person and Ld. Addl. R.T.O, Kendrapara. Perused the materials available on record.

Brief Facts:-

                     The Complainant purchased a car and registered it under R.T.O., Kendrapara being a person belongs to the same district and accordingly the RTO Regd. in 23.06.2016 vide Regd. No. OD-29-C-0786 which is a fancy number as per choice of Complainant and paid Rs. 10,000/- as required fee but after more than 6 years, the Ops sent notice that the vehicle owner defaulted Rs. 50,000/- for reserved fancy number which is illegal, arbitrary and against the principle of natural justice so also deficiency in service. Further prayed the Ops shall directed to pay mental agony and litigation cost.

Determination:-

                    The vehicle registered on dt. 23.06.2016 and Regd. No. allotted OD-29-C-0786 by payment of consideration Rs. 10,000/- therefore this fancy number registration coming order consumer protection Act, 2019 and the authorities Post penalty imposition without any fault of vehicle owner is a deficiency for service U/s-2(11) & 2(42) respectively under C.P.Act, 2019.

                     The notice to Complainant issued by RTO because an audit was conducted by C & G on RTO office and same auditor found there was a revenue loss of Rs. 1,85,000/- for non registration of vehicle by  online platform by amendment of Om V Rule 1993 dt. 01.12.2015. The rule amended for online registration but the Transport Commission Chairman State Transport Authority vide Office order No. LXVI-66/2015-10271/TC intimated to all RTO of State on 02.07.2016 wherein modalities for online registration prescribed.The Complainant purchased  fancy number on dt. 23.06.2016 where there was no online allotment of fancy number through the amendment made in 2015 but its modalities should be furnished by the Commissioner-cum-Chairman STAO to all the RTO and the same letter issued on dt. 02.07.2016 to all RTO. The Complainant/owner of the vehicle not at all responsible for an audit when there was no modalities issued by Competent authority. Neither the Complainant liable for a audit nor for a post modalities order after purchased the vehicle. The Commissioner letter to RTO on dt. 02.07.2016 can’t fix liability retrospectively for previously registered where there was no such facility. This Commission being a quasi judicial body within this district have appropriate jurisdiction to adjudicate the issue if the same dispute is under C.P.Act, 2019. In the present case in hand the consideration amount Rs. 10,000/- paid by the Complainant for only allotment of a fancy number and after providing the same the RTO cannot impose penalty for post dated modalities letter when the online modalities not available to RTO Office. The authority can’t impose liability without fault of vehicle owner for a notification which only applicable prospectively not retrospectively. All the liability on RTO who issued letter arbitrarily, illegally to transfer their illegally to impose on innocent consumer. If the RTO not received Rs. 10,000/- and received application then the consumer could have taken alternative number except his choice number. The letter issued to the consumer/owner of the vehicle dt. 13.10.22 vide No. 3871 hereby quashed. The Complainant not liable to pay any tax under the said notice which have no legal force.

                                                                 O R D E R

                     The Complainant not liable to pay the Rs. 50,000/- tax amount. The Ops directed they can’t proceed against complaint for further tax recovery proceeding. the Ops are liable to apy Rs. 5000/- for mental agony undergone and Rs. 1000/- as litigation cost within a period of 15 days from received of this order failing which the Ops shall liable under the provision for execution of order under the C.P.Act, 2019.                         

                      Issue extract of the order to the parties for compliance.           

               Pronounced in the open Commission, on this the 6th day of March,2023.             

                              I, agree

                               Sd/-                                         Sd/-

                           MEMBER                             PRESIDENT