Date of Filing: 21.05.2018
Date of Order: 07.01.2020
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – I, HYDERABAD
P r e s e n t
HON’BLE Sri P.VIJENDER, B.Sc. L.L.B., PRESIDENT
HON’BLE Sri K.RAM MOHAN, B.Sc. M.A L.L.B., MEMBER
HON’BLE SMT.CH.LAKSHMI PRASANNA, B.Sc, L.L.M, (PGD – ADR) MEMBER
ON THIS THE TUESDAY THE 7th DAY OF JANUARY, 2020
C.C.No.217 / 2018
Between
Mohd. Ashraf,
S/o Mohd.Ghouse, Aged about 45 years,
R/o. H.No.9-4-7/A/1,Hakeempet,
Toli Chowki, Hyderabad. ……Complainant
And
Regional Transport Authority,
Government of Telangana,
Central Zone, Khairatabad,
Hyderabad,
Rep.by the Regional Transport Officer. ….Opposite Party
Counsel for the complainant : Mr.M.Papa Reddy
Counsel for the Opposite Party No.1 : Mr.Rastrapal Janu Nayak.
O R D E R
(By Sri. Sri P. Vijender, B.Sc., LL.B., President on behalf of the bench)
This complaint has been preferred u/s.12 of the Consumer Protection Act 1986 alleging that the complainant suffered financial loss on account of deficiency of service caused by the opposite parties. Hence a direction to the opposite party to compensate the complainant by awarding compensation and other expenses incurred by the complainant.
2) The complainant’s case in brief is that:
The complainant purchased water tanker from one Smt. Tekula Nirmala on 19.6.2014. After the purchase he got changed the name in RTA on 25.6.2015 and approached the opposite party for payment of Road Tax in July, 2016. He was informed that a water tanker reported to have been owned one Mir Mohd. Ali Khan is in the RTA records with same registration chassis and engine numbers as that of the tanker purchased by the complainant. The vehicle owned by complainant is having genuine numbers and vehicle allegedly owned by Mir Mohd.Ali Khan with same registration, chassis and engine numbers is false. Hence the complainant informed the Officials of opposite party in the month of August, 2016 to look into the matter and rectify the mistake appearing in the records. The complainant was directed by the officials of opposite party not to run vehicle on road as two vehicles are being registered with the same registration numbers and informed and if the complainant run the vehicle it will be seized. Hence the complainant was forced to kept the vehicle idle.
The complainant addressed a letter to opposite party on 12.12.2016 requesting to rectify the records appeared. But there was no action. ence he got issued a legal notice on 19.1.2017 requesting the officials of oppsotie party to delete name of Mr.ir Mohd.
Ali Khan Hence he got issued a legal notice on 19.1.2017 the officials of opposite party to delete name of Mir Mohd Ali Khan from their records for the vehicle with registration chassis and engine number’s belonging to the complainant. But the said officials failed to take corrective steps. Hence the complainant approached the Hon’ble High Court at Hyderabad by way of W.P.No.3872 of 2017 for directions to opposite party to take immediate action in the matter and obtained interim directions. After the said interim directions by the Hon’ble High Court the officials of opposite party started looking into the matter and inspected both the vehicles one in the name of the complainant and other in the name of Mir Mohd. Ali khan and found that the chassis number and engine numbers of the vehicle in the name of Mir Mohd.Ali khan were tempered and they are not tallying with that as appearing in the records. The said report was placed before the Hon’ble High Court and the Hon’ble high court disposes of the W.P. on 4.5.2017 with a direction to the opposite party officials to make necessary corrections in their records in a weeks time and accordingly opposite party corrected their records on 5.10.2017.
The opposite party officials by not taking corrective measures when requested by the complainant and directing him not to ply the vehicle caused deficiency of service. On account of directions from the officials of the opposite party the complainant could not ply his vehicle and kept it idle during the period from July 2016 to October, 2017 and on account of it the vehicle parts like battery tires and other spare parts were damaged and complainant was constrained to get repaired the vehicle by spending a sum of Rs.49,917/- The complainant used to run the vehicle for supplying water to the concerned persons and would have earned Rs.40,000/- per month but on account of directions from the opposite party he could not ply it and there by suffered loss of earning to tune of Rs.6,00,000/-. He also suffered mentally and physically and estimate the same at Rs.3,00,000/-. Hence the present complaint to award compensation and costs and interest on the compensation amount .
3) The opposite parties after service of notice of the complaint got filed vakalat through an advocate on 18.7.2017 but there after written version not filed. Hence the complaint is proceeded in ex-Partee against the opposite parties.
4) The complainant got filed his evidence affidavit reiterating the material facts of the complaint and got exhibited 13 documents
5) Now the point for consideration is :
Whether the complainant made out a case of deficiency of service on the part of opposite party and entitled for amounts claimed in the complaint ?
6) Point: Exhibit A1 certificate of registration copy in Forum 23 evidences that the complainant is the owner of the vehicle having chassis and engine numbers. Exhibit A2 is the copy of written representation from the complainant to the opposite party wherein he stated that when he intend to sell his water tanker noticed that registration numbers of the vehicle is in the name of Mir Mohd Ali Khan with the details of the same chassis and engine numbers of his own vehicle and he realizes that same registration numbers was also given to 3rd party by the officials hence requested to look into the matter and correct the mistake . Exhibit A3 copy of legal notice got issued by the complainant to opposite party. Exhibit A5 and A6 are the report submitted by the opposite party to hon’ble High Court in W. High Court High Court in W.P.no.3872 of 2017 on 9.2.2017 informing that the chassis number and engine number of the water tanker with registration Ap 04 w 4272 is genuine and that of the other vehicle in the name of Mir Mohd. Ali Khan is not genuine . The Hon’ble High Court by Exhibit A7 orders directed the opposite party to rectify the mistake in records by cancelling the number allotted to Mir Mohd.Ali Khan and permit the petitioner to ply his vehicle to eke out his livelihood. So it is evident that the opposite parties failed to act upon on the written representation made by the complainant to rectify the mistake in the record and thereby caused deficiency of service.
The complainant has filed bills for the purchase of parts for repairs to vehicle to make it ply on the roads and it evidences that on account of the keeping the vehicle idle for more than a year the parts were damaged and thereby caused loss to the complainant. Complainant suffered a lot as he could lot ply the vehicle for more than a year. This Forum is of considered view that an amount of Rs.50,000/- will compensate loss suffered by complainants. In addition to it the amount of Rs.49, 917/- spent by the complainant for attending the repairs to the vehicle is also liable to be paid by opposite party to complainants. The opposite party also liable to pay a sum of Rs.5,000/- towards cost of this complaint. Accordingly the point is answered.
7) In the result the complaint is allowed in part directing the opposite Party:
- To pay Rs.49,917/- towards cost of the repairs
to the vehicle of the complainant.
- To pay Rs.50,000/- as damages for the loss suffered by the complainant.
- To pay a sum of Rs.5,000/- towards cost of the complaint.
Time for compliance is one month from the date of service of this order .
Dictated to steno , transcribed and typed by her and pronounced by us on the 6th day of January, 2019.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESS EXAMINED
NIL
Exhibits filed on behalf of the Complainant:
Ex.A1 - Copy of Certificate of registration in Form NO.23
Ex.A2 – Copy of .Letter dated 12.12.2016
Ex.A3 – Is the office copy of Legal notice dt.19.1.2017
Ex.A4 – Original postal acknowledgment
Ex.A5 – Copy of report issued by TSFSL dt.20.3.2017
Ex.A6 – Copy of report issued by TSFSL dt.20.3.2017
Ex.A7 – Copy of order in W.P.No.3872/2017 dt.4.5.2017
Ex.A8 – to A10 – Copy of receipts on different dates
Ex.A11 – Copy of Insurance Policy
Ex.A12 – Copy of Legal notice dt.20.10.2017
Ex.A13 – Is the original Acknowledgment.
Exhibits filed on behalf of the Opposite parties:
Nil
MEMBER PRESIDENT
