This C.D. is coming on before us for hearing, in the presence of Sri.Ch.Srinivasa Rao, advocate for the complainant and in the presence of Government Pleader, advocate for opposite party; upon perusing the material papers on record; upon hearing, and having stood over for consideration, this Forum passed the following:-
ORDER
(Per Smt. V.Vijaya Rekha, Member)
1. This complaint filed under section 12-A of Consumer Protection Act, 1986
2. The brief facts of the complainant are that the complainant purchased a car and approached the opposite party for intend to get registration to his car in the month of June-05 the staff of the opposite party advised the complainant to deposit an amount of Rs.5,050/- for interested or lucky Number of the complainant, and the complainant deposited Rs. 5,050/- on 22-6-05. vide application No.AP 020/39366/2005/R and vide receipt No.NB by 347993 for allotment of special Number. After that the complainant made several oral requests to the opposite party for allotment of special number to his vehicle, but even till today the opposite party do not allot any number or not refund the
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amount paid with them to the complainant, and vexed with the attitude of the
opposite party, and again the complainant paid proper fee and got registered his vehicle in ordinary manner then the complainant approached the opposite party many times and requested for repayment of Rs.5,050/- but the opposite party intentionally avoiding the payment and as such the complainant approached the Forum and prayed to refund of Rs.5,050/- from the opposite party and of Rs.5,000/- towards mental agony and costs.
3. Along with the complaint the complainant filed affidavit and1) original payment of cash receipt N8/347993 dated 22-6-2005 2) Office copy of legal notice dated 10-3-2006 3) Postal Receipt 4)Postal Acknowledgement.
4. After receipt of notice from this forum the opposite party filed memo of appearance through Government Pleader and filed counter by denying the allegations made in the complaint.
5. The opposite party admitted that the complainant approached the opposite party and filed an application for reservation of Registration Number on 22-6-2005 and deposited an amount of Rs.5,000/- with a request to reserve the number in SL.No. AP 20 L 8889 for his car along with an application for reservation with receipt for Rs.50/-. While submitting the application form for reservation the opposite party informed to the complainant, the car shall produce within 15 days from the date of allotment of registration and they stated that if any failure to produce the vehicle within 15 days the reservation number AP 20 L 8889 will be cancelled and it is effect on the same day i.e. 22-6-2005 and after undertaking given by the complainant the registration Number AP 20 L 8889 was reserved in favour of the complainant, and they stated that the complainant failed to produce his car within 15 days from the date of reserving the number, further they stated that as per Andhra Pradesh Motor Vehicles Rules 1989 the
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reservation number shall be cancelled if the vehicle is not produced within 15 days from the date of reserving number and forfeited the deposit amount to them, and again the complainant approached the opposite party and deposited Rs.1000/- and requested to register the same car by producing the relevant documents and the vehicle, and the vehicle was registered on 23-11-2005 with registration No.AP 20 N 229 and as such there is no deficiency of service on their part and prayed to dismiss the complaint.
5. The complainant filed written arguments
6. In view of the above submissions made by both the parties now the point for consideration before this Forum is whether the complainant is entitled for any relief as prayed or not.
7. As seen from the above averments and contentions made by the both parties and as per the Andhra Pradesh Motor Vehicles Rules 1989, a person who intend to get a particular number and got registered the same with R.T.A. authorities have to produce the vehicle within 15 days of such registration and if the person registers for a particular number and fails to produce the vehicle in stipulated period such registration will be cancelled and the rules framed under sub-rules (3) (i), (ii), (iii), (5) and (6) will be applied in such case and as per the above rules framed the opposite party is having a right to cancel the registration and forfeit the amount as the complainant failed to produce the vehicle within the stipulated time i.e., within 15 days and in the absence of any proof that the complainant produced his vehicle within 15 days before the registering the authorities and on the other hand the vehicle was registered on 23-11-2005 with new number AP 20 N 229 i.e., after 5 months of registering old number i.e., AP 20 L 8889 and as such the deficiency on the part of the opposite party cannot be defined in any way, as such the point is answered accordingly against the complainant .
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8. In the result the C.D. is dismissed without any costs.
Typed to dictation, corrected and pronounced by us in the open Forum on this the 8th day of December, 2006.
FAC President Member
District Consumers Forum, Khammam.
APPENDIX OF EVIDENCE
WITNESS EXAMINED FOR
Complainant Opposite Parties
None None
DOCUMENTS MARKED FOR
Complainant Opposite Parties
NIL NIL
FAC President Member
District Consumers Forum, Khammam.
