BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.06 of 2024

      Date of Instt. 04.01.2024

      Date of Decision: 25.06.2024

Deepti Sharma aged about 44 years W/o Sh. Vivek Sharma resident of 906, Bhagat Singh Nagar, Model House, Jalandhar.

..........Complainant

Versus

1.       The Regional Transport Authority, District Administrative       Complex, Jalandhar through its RTO.

2.       Directorate of Treasuries and Accounts, Punjab, Punjab Civil   Secretariat, Sector 33-A, Chandigarh-160020 through its         Secretary/Director/Managing Director.

3.       State Transport Commissioner, Government of Punjab, Civil   Secretariat, Chandigarh.

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)                                          Sh. Jaswant Singh Dhillon       (Member)   

Present:       Sh. Vikas Sharma, Adv. Counsel for the Complainant.                      OPs exparte.

Order

Dr. Harveen Bhardwaj (President)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that in December 2022, the complainant had purchased a new Hyundai Venue Car 1.2 Kapa, Petrol, SUV vide Bill No.NS21012012093533 dated 30.12.2022 from M/s Shuhul Motors, Jammu, authorized dealer of Hyundai for a sum of Rs.10,10,195/-. At the time of purchasing the said vehicle, the complainant also got insured her vehicle vide insurance Policy No.HIB/56004637 of IFFCO Tokio General Insurance Co. Ltd. The complainant also applied for the registration of her new vehicle from the Office of RTA at Jalandhar, and the complainant was called upon to deposit an amount of Rs.84,568/ as registration charges through online process. Hence, as per the instructions of the online portal of the OPs, the complainant deposited the requisite amount of Rs.84,568/- through RTGS online process vide Code No.23034E2FA, GRN No.5066636 at the online payment portal in the Account No.16974450909 of the state Transport Authority, Director of Accounts & Treasury Punjab i.e. OP No.2, having IFSC Code No.UTIB000PAYU from her own HDFC Bank Account No.02411530024911 on dated 14.03.2023 vide Cheque No.000001 dated 14.03.2023 for Rs.84,563/ drawn on HDFC Bank. Despite depositing the requisite amount when the process of preparation of registration certificate of her vehicle was not initiated by the OP's then on inquiry from the Department, the complainant was told that the amount deposited by way of RTGS is not acceptable as the same is required to be deposited through online transfer and as such the complainant was forced to re-deposit the registration amount and was directed to claim the refund of the amount already deposited by her through RTGS on dated 14.03.2023. Hence, on the advice of the concerned officials, the applicant again deposited an amount of Rs.84,568/ with the OPs through online process vide receipt No.PB8D230400000861/PB/23030108313607 dated 05.04.2023 and thereafter the registration number bearing No.PB-08-FD- 5954 has been allotted to the vehicle of the complainant and she was assured by the OP's that now she will get the registration certification of her vehicle within 30 days, from the date of deposit of money but, despite passing away of more than 8 months till date no such registration certificate has been issued to the complainant despite her repeated requests, reminder and visit of the office of Regional Transport Office Jalandhar nor her amount of Rs.84,568/- which has been deposited in excess with the Department through RTGS has been refunded to her despite her repeated requests, reminders and visits to the office of OP's at Jalandhar and every time the matter was being delayed by giving lame excuses. Feeling aggrieved the complainant again approached to the office of the RTO Jalandhar and moved a written application bearing No.1171 dated 12.04.2023 to the OP's and requested for refund of her excess money amounting to Rs.84,568/ lying with them and further requested for issuance of registration certificate of her newly purchased vehicle at the earliest. But since March 2023 to till date i.e. for the last 8 months, the complainant has been running from pillar to post to get her money refunded and also for getting the registration certificate of her newly purchased vehicle, as till date almost one year has elapsed but neither her money has been refunded nor the registration certificate has been issued to her by the opposite party despite her repeated request. The OPs, though being government authorities have illegally withheld the huge money of the complainant amounting to Rs.84,568/ with them without any explanation and has not refunded the same for the last about one year and has also not issued the Registration Certificate of her vehicle. Due to which the complainant has been compelled to ply her vehicle without documents and that too under the fear of being Challenged by the police authorities for want of Registration Certificate. The complainant has also been deprived to get the insurance of her vehicle be renewed as the Insurance Authorities has been demanding the R.C of the vehicle for renewal of its insurance. From the above facts it is crystal clear that the OPs remained deficient and negligent in providing proper services to the complainant in spite of receiving huge money from the complainant for registration of the vehicle in question and have also failed to issue the RC for about one year and have also failed to refund the money received in excess from the complainant and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund the amount of Rs.84,568/- which has been received in excess by the OPs alongwith interest @ 18% per annum from the date of deposit i.e. 14.03.2023 till its realization. Further, OPs are directed to pay a compensation and damages of Rs.2,00,000/- and cost of litigation of Rs.50,000/-.

2.                Notice of the complaint was sent to the OPs, but despite service all the OPs failed to appear and ultimately, all the OPs were proceeded against exparte.

3.                In order to prove his respective version, the counsel for the complainant has produced on the file his respective evidence.

4.                We have heard the arguments from learned counsel for the complainant and have also gone through the case file very minutely.

5.                It is proved fact that the complainant had purchased a Car on 30.12.2022 for a sum of Rs.10,10,195/-, which is evident from Ex.C2 and the vehicle was insured as per Ex.C-3. The complainant has proved on record that she applied for the registration of her vehicle from RTA at Jalandhar and deposited an amount of Rs.84,568/- as registration charges through online, which is evident from Ex.C-4 to Ex.C-7. The complainant has alleged that despite depositing the requisite amount, the process of preparation of RC of her vehicle was not initiated by the OPs and on inquiry from the Department, it was found that the amount deposited by way of RTGS is not acceptable as the same is required to be deposited through online transfer and the complainant was forced to re-deposit the registration amount and was directed to claim the refund of the amount already deposited by her through RTGS on 14.03.2023 and on advice of the official, she again deposited an amount of Rs.84,568/- with the OPs through online on 05.04.2023 vide Ex.C-9 and registration number was allotted to the complainant, but the RC was not issued to the complainant despite her repeated requests and visits. The complainant moved a written application bearing No.1171 dated 12.04.2023 Ex.C-8 to the OPs for refund of her excess money amounting to Rs.84,568/- and requested for issuance of registration certificate of her vehicle, but till today the OP has not refunded the amount nor has issued the RC to the complainant.

6.                On the other hand, the OPs have not come to contest the case. So, the version of the complainant remained un-rebutted and un- challenged, even then the same is required to glance very deeply. The allegation of the complainant is supported by his own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-11.

7.                In view of the above detailed discussion, it is clear that the OPs have failed to refund the amount and have also failed to issue the RC despite number of visits and requests and despite the fact that entire amount for registration has already been paid. The RC was not issued till the filing of the complaint even after the lapse of more than 8 months of the deposit of money. Thus, the complaint of the complainant is partly allowed and OPs are directed to issue the registration certificate of the vehicle to the complainant and further OPs are directed to refund the amount of Rs.84,568/- with interest @ 6% per annum from the date of deposit i.e. 14.03.2023 till its realization. Further, OPs are directed to pay a compensation of Rs.10,000/- for causing mental tension and harassment to the complainant and Rs.5000/- as litigation expenses. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

8.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna               Dr. Harveen Bhardwaj     

25.06.2024         Member                          Member           President