Presented by Miss Bhagyalaxmi Dora, Member:-<br /> In this Case, the Complainant is the Manager of the vehicle bearing Registration No. MTG 4078(Tanker). The said vehicle was out of order & when it was in the garage for repairing the Complainant has applied before the R..T.O., Bargarh for off-road, intimating the above fact on Dt.01/08/2007 and has deposited the Original Registration Certificate Book near him. <br /> <br /> The R.T.O., Bargarh has released the vehicle from off-road on Dt.19/03/2008, when it was in fit condition for plying but has not returned the R.C. Book because of which the Complainant was not able to get the Fitness Certificate, Insurance Certificate, Pollution Certificate and assignment of Orissa Registration Number. On Dt.05/06/2008, the said vehicle was checked by the R.T.O., Jharsuguda where the R.T.O. Prepared a V.C.R. and on the statement of the driver asked the detail particulars from the R.T.O., Bargarh, regarding it's registration number. In it's response, the R.T.O., Bargarh has intimated vied letter Dt.07/06/2008, No.2525, showing his inability to give the Original Registration Certificate Book as the same is misplaced somewhere.<br /> <br /> Thereafter, the Opposite Party has never listen the repeated requests made by the Complainant to return the R.C. Book of the said vehicle. On being harassed by this, the Complainant has kept the vehicle in the garage, as he was unable to ply this on road.<br /> <br /> Then at last, the Complainant has served a Pleader notice on the Opposite Party stating all the allegations there in on Dt.04/03/2010. On receipt of this, the Opposite Party has managed to prepare a R.C. Book of the said vehicle in duplicate and gave reply by sending this duplicate one for the above notice to the concerned advocate. alleging that, neither the Complainant nor the advocate for him have applied for the assignment of Orissa Registration Number.<br /> <br /> Due to this negligent act, the Opposite Party is coming under the purview of deficiency in service for which the Complainant has sufferd with mentally, physically and <br /> financially and prayed for a claim of Rs.2,00,000/-(Rupees two lac)only as compensation for this.<br /> <br /> In support of his Case, the Complainant has filed the xerox copies of letter No. 2525, Dt.07/06/2008 of the R.T.O., Bargarh, issued to the R.T.O.,Jharsuguda, Pleader Notice, Dt. 04/03/2010, Letter No. 685, Dated 18/03/2010 of R.T.O., Bargarh.<br /> <br /> In response to this, the Opposite Party has filed his version vied his letter No.1205 Dt.18/05/2010 stating that, the said vehicle was declared off-road on Dt.01/08/2007 to 31/07/2009. But on the prayer of the Complainant/Applicant, the said vehicle was released from off-road on Dt.19/03/2008. The original R.C. Book which was produced by the applicant at the off-road declaration was not readily availed, so a duplicate R.C. Book has been supplied to the Complainant in place of it. The applicant has never applied to the R.T.O., Bargarh in due form for the grant of Fitness Certificate & assignment of Orissa Number. On verification of Orissa Records it was found out that, the last Fitness Certificate granted by the competent authority was valid up to Dt.30/06/2007. On the checking of the said vehicle by the R.TO., Jharsuguda on Dt.05/06/2008, the Fitness Certificate for it was not valid. Granting of the Insurance Certificate and Pollution Certificate is not coming under the purview of the R.T.O., Bargarh.<br /> <br /> The Opposite Party is failed to appear before the Forum and the Case is decided on merit.<br /> <br /> Perused the documents along with the petitions and heard from the advocate of the Complainant that,at the time of applying for off- road the Complainant has deposited the Original R.C.Book in the Office of the R.T.O.,Bargarh on Dt. 01/08/2007. The R.T.O. Bargarh released the vehicle on Dt. 19/03/2008 but has not returned the original R.C.Book. Being harassedby this and without finding any solution when the Complainant served a pleader notice on the Opposite Party, the Opposite Party sent a duplicate R .C.Book with reply to the Complainant on Dt.18/03/2010. The non-returning of the R.C. Book either in original or in duplicate in place of the original for about the period of two years after several requests made by the Complainant amounts to deficiency in service and gross negligency on the part of the Opposite Party towards the consumer. Document reveals that the Opposite Party admits the loss or misplace of the Original R.C. book by explaining the R.T.O., Jharsuguda on question to furnish this near him. So in order to avoid this complicacy, the Opposite Party should issue a duplicate R.C.Book in favour of the Complainant, when he made request for it. But in actual, the Opposite Party had not done this for which the Complainant became bound to kept the disputed vehicle in the garage and suffered a lot with mental, physical and financial loss. Due to this non-plying of vehicle, the Complainant sustained loss in personal gain, got mental and physical harassment for the imperfection in service and negligence in duty done by the Opposite Party. Although, the Opposite Party has returned the duplicate R.C.Book but it was after serving of pleader notice on him by the Complainant can not make the Opposite Party free from his liability to give proper service to the consumer.<br /> <br /> In view of the above fact & circumstances,the Complaint Case is allowed.<br /> ORDER<br /> The Opposite Party is directed, to pay Rs. 5,000/-(Rupees five thousand)only to the Complainant as compensation for mental agony & cost for litigation within thirty days hence, failing which 18% (eighteen percent) interest per annum shall be imposed on the awarded amount till realization.<br /> <br /> The Complaint disposed of accordingly.