FINAL ORDER
Sri Anupam Bhattacharyya- Presiding Member.
The instant complaint is for renewal of Driving Licence (D.L) and change of ownership of private four-wheelers along with compensation to be realized from the salary and savings of Sri Ahsan Ali, RTO Murshidabad.
In this complaint the complainant in addition to his prayer for renewal of D.L. and change of ownership of private 4-Wheeler, the complainant has also sought for information under RTI and C.P. Act.
The complainant’s case , in brief, is that the complaint had a computerized Driving Licence WB-65/7677 of Professional category but the same was replaced with manual vide OD-01/2001 Msd dated 3.10.2001. He has private vehicle WB-58 C/2673 in the name of his father. Periodic renewal already completed per three years interval by Estb of RTO Murshidabad. Unfortunately w.e.f 76/2011 renewal of the same concurrently changes of ownership in the name of the complainant due to death of his father on 25.04.2008 was not in force by RTO Admin & Estb . On 24.1.12 previous received copy of D.L OD-01/2001, tax token 8 No. Colored Passport sized photo and 8 No. signature of blank sheets ack. by them with verbal intimation that next week communized D.L and Certificate of Registration book of vehicle will be handed over to the complainant. But the complainant did not receive the same inspire of endless verbal assurance of getting the same after computerized up gradation. Ultimately, the complainant came to know that his D.L , Certificate of registration book of vehicle misplaced by Establishment or RTO, Msd. Thereafter, he has preferred an appeal on 4.2.15 but still the same is pending. Thereafter he has filed the instant complaint. Hence, the instant complaint.
The written version filed by the OP, in brief, is that the OP has denied the allegations of the complainant against him. There is no deficiency in service on the part of the OP. The complainant has to prove whether he has submitted the driving license and documents for change of ownership. He has to prove that he has deposited requisite fees. As per rules the D/L the driving license for renewal should be submitted along with the receipt for payment of fees. In order to prove the case the petitioner has filed a receipt dt. 24.01.12 but has not filed the receipt against the payment of requisite fees. But the receipt filed by the petitioner is doubtful as letter dt. 17.01.12 filed by the petitioner speaks that he has already deposited the driving license for renewal and also the documents relating to change of ownership of a four wheeler vehicle. Regarding transfer of ownership of four wheeler from the report from SBI, Katabagan Branch at 19.5.15 it is found that the loan against car No. WB-58C/2693 has not been repaid. So at this state transfer of ownership is not permissible. Hence, the instant written version.
Considering the pleading of both parties the following points have been framed for the disposal of the dispute.
Points for Consideration:-
- Whether the complaint is maintainable or not?
- Whether the present case is barred by limitation?
- Whether the complainant is a consumer under the provisions of C.P. Act, 1986.
- Whether the complainant is entitled to get relief as prayed for?
- To what other relief/reliefs the complainant may get?
Decision with Reasons.
Point Nos. 1 to 5.
All these points are taken up together for the sake of convenience.
In this case the complainant himself argued his case.
During hearing of argument the complaint has not prayed for any relief seeking information under RTI.
He has categorically prays for renewal of his D.L. and return of Blue Book after due renewal and change of ownership.
In this case he has filed his evidence-on-affidavit and relevant documents in support of his case. He has also filed the original receipt copy dt. 24.1.12 showing application for renewal of driving license (D.L) and other documents including the Registration Certificate & Certificate of fitness relating to 4-wheeler No. WB-58-C/2673
On the other hand, the Ld. Lawyer for the OP /RTO has advanced argument that the case is barred by limitation on the ground that the case was filed on 26.03.15 where the application for renewal of D.L. shows the receipt date as 24.01.12 beyond the period of limitation of 2 years without any explanation as to cause of delay. In this connection he has also advanced argument referring the letter of the complainant addressed to the OP/RTO dt. 17.01.12 whereas he has filed the receipt copy for filing application for D.L. dated 24.01.12.
He has argued that this discrepancy as to the date of filing of application for renewal of DL raises doubt as to the authenticity of the documents.
Be that as it may, the OP RTO has not adduced any rebuttal evidence to rebut the original receipt copy shown before the Forum by the complainant and considering the receipt copy in absence of rebuttal evidence this Forum has no other alternative but to rely upon the original receipt copy filed by the complainant.
Now, the question is as to point of limitation from the date of filing of application for renewal of DL on 24.01.12.
In this regard the argument of complainant as well as the contention of the complaint petition as to the cause of delay is for the verbal assurance of issuing computerized DL which will be issued shortly but the same was not issued and ultimately the complaint was filed on 26.03.15. Though there is no documentary evidence as to cause of delay but relying upon the oral testimony and considering the nature and gravity of the matter we are of the view that the delay be condoned and as such the case is not barred by limitation.
Regarding the change of ownership of the vehicle, the complainant has advanced argument relying upon the documents filed by him relating to death of his father, certificate of Insurance of SBI Life dt. 19.7.2005 in respect of the vehicle in question protecting from non-payment of outstanding dues of loan in case of death of the borrower that there is no question of any outstanding dues of the loan in respect of the vehicle and for that there is no bar to change the name of ownership of the vehicle in favour of the complainant.
On the other hand the ld. lawyer for the OP has advanced argument that it is the duty of the complainant to settle the matter as to the outstanding dues raised by the Bank with the concerned Insurance Company of SBI Life .
Considering the above discussions as a whole to the change of ownership we can simply conclude that the complainant is to settle the matter in between the Insurance Company and the Bank regarding NOC regarding the loan in question and to submit the NOC to the RTO and then relying upon NOC, RTO to change ownership as prayed for.
Regarding the compensation it is clear from the petition of complaint that he has prayed for compensation from RTO, Murshidabad and the same must be deducted from the salary and savings of Sri Ahsan Ali, RTO, Murshidabad.
In this case said Ahsan Ali as RTO, Murshidabad has not been impleaded as a party. Without making him as a party the question of deduction of compensation from the salary and savings of that particular person does not arise.
Regarding compensation there is no particular basis for claiming such compensation and also there are no details about damages suffered by the complainant.
Regarding the prayer particularly for deduction of compensation of Rs.1 lac from the salary and savings of Sri Ahsan Ali without making him a party to this case , it is clear that there is no scope to consider the prayer without making him a party.
There is also no scope to pass any order as to compensation against the OP, RTO, Murshidabad for absence of cogent evidence.
Considering the above discussions as a whole we find that all these points are disposed in favour of the complainant in part and as such the complainant will get his Driving Licence after renewal and he will get the change of ownership of his 4-wheeler vehicle in his name subject to submission of NOC (No objection certificate) of the SBI Bank in his favour after taking the matter with the concerned SBI Life.
Ordered
Hence, that the Consumer Complaint No. 45/15 be and the same is hereby allowed on contest in part.
The Complainant will get his Driving License after renewal and he will get the change of ownership of his 4-Wheeler vehicle in his name subject to submission of NOC (No objection Certificate) of the SBI Bank in his favour after taking the matter with the concerned SBI Life.
The OP/RTO, Murshidabad at Berhampore is directed to hand over the driving license of the complainant after renewal as prayed for within one month from the date of passing this order and he is further directed to change the ownership of the 4-wheeler in the name of the complainant and hand over the same to the complainant after renewal within one month from the date of receipt of no-objection certificate (NOC) of the SBI , Kantabagan Branch in favour of the complaint, failing which the OP has to pay Rs.50/-per day as fine for each day’s delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
