Haryana

Yamunanagar

CC/506/2014

Anuj Bakshi S/o Varinder Kumar Bakshi - Complainant(s)

Versus

The Scer5etary Regional Transport Authority - Opp.Party(s)

V.K.Bakshi

06 Jun 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA   NAGAR

                                                                                         Complaint No. 506  of  2014.

                                                                                         Date of institution: 05.12.2014.

                                                                                         Date of decision: 06.06.2016.

Anuj Bakshi age 28 years son of Sh. Varinder Kumar Bakshi, R/o H. No. 31, Krishna Colony, Block-B, Yamuna Nagar (Haryana).                                                      

                                                                                                                                                                                                                                                                                                                                                               …Complainant.

                                    Versus

1. The Secretary Regional Transport Authority, Jagadhri, Yamuna Nagar.
2. The Transport Commissioner, Govt. of Haryana Bays 30, Sector-17C, Second Floor, Chandigarh (U.T.).
3. M/s Link Utsav Registration Plates Pvt. Ltd. Jagadhri-Yamuna Nagar.
4. M/s Link Utsav Registration Plates Pvt. Ltd. Corporate Office Shop No. 46, New Grain Market Kalka pin code 133302 (Haryana).

                                                                                                                                                                             … Respondents.

 

BEFORE:         SH. ASHOK KUMAR GARG, PRESIDENT

                        SH. S.C.SHARMA, MEMBER.

 

Present: Sh. V.K.Bakshi, representative for complainant.   

              Sh. Harpal Asstt. O/o RTA Yamuna Nagar on behalf of Respondents No.1 & 2.

              Sh. D.S.Khurana, Advocate, counsel for respondents No.3 & 4.   

 

ORDER

 

1.                     Complainant filed this complaint under section 12 of the Consumer Protection Act 1986 praying therein that respondents (hereinafter referred as OPs) be directed to make the payment of rebate/ penalty which comes to Rs. 2375/- on account of not affixing the High Security Registration Plate (hereinafter referred as H.S.R.P.) in time and further to pay compensation as well as litigation expenses.   

2.                     Brief facts of the present complaint, as alleged by the complainant, are that  OPs No.1 & 2 are the Government Department and OPs No.3 & 4 are contractor approved by OPs No.1 & 2. The complainant paid Rs. 238/- as a fee on account of High Security Registration Plate of car bearing registration No. HR-02AD-4647, as per rate fixed by the OPs No.1 & 2 to the OPs No.3 &4  i.e. M/s Link Utsav Registration Plates Pvt. Ltd. Jagadhri Yamuna Nagar on 16.01.2014. At the time of payment, OPs No.3 & 4 informed that their computer is out of order and therefore receipt against payment could not be issued to him on the same day i.e. 16.01.2014. However, later on OPs No.3 & 4 issued receipt No. YNPH 10001016. As per notification issued by the Haryana Government, the Concessionaire M/s Link Utsav are legally bound to provide and fix H.S.R.P. ( High Security Registration Plate) (hereinafter referred as H.S.R.P.) alongwith required sticker to the car owner within the fixed time frame, if the concessionaire does not affix the H.S.R.P alongwith sticker within fixed time period of 4 days ( excluding Sunday and gazette holiday) it is liable for the payment of penalty/ rebate at the rate of Rs.50/- per day of delay upto 7 days and thereafter at the rate of Rs. 75/- per day to the owner of the car. ( Copy of notification is Annexure C-2). The said notification was issued by the Government in public interest to avoid in ordinary delay and also to save public from inconvenience, wastage of time and undue harassment by the concessionaire However, contrary to the spirit and provisions of agreement with the Government, the concessionaire fixed up the H.S.R.P. on the car on 13.02.2014 and sticker was pasted in glass of the car on 26.02.2014, after my repeated visits and complaints made to the office of the RTA as well as Transport Commissioner, Chandigarh. Lastly, it has been stated that as the OPs failed to affix the High Security Plate in time and further failed to compensate as per notification of the Haryana Government to the complainant. Hence, there is a deficiency in service and unfair trade practice on the part of OPs. Hence, this complaint.

 3.                    Upon notice, OPs appeared and filed its written statement separately. OPs No.1 & 2 filed its written statement jointly by taking some preliminary objections such as complaint is not legally maintainable; the complainant has no locus standi nor any cause of action to file the present complaint; complaint does not fall in the jurisdiction of this Forum; complaint is bad for non-joinder and mis-joinder of necessary parties; the OPs No.1 & 2 have nothing to do with the present complaint and they have been unnecessarily made a party in the present complaint. It has been further submitted that department has given the contract of affixing the H.S.R.P to the OPs No.3 & 4 ( concessionaire) and as per clause 10.5.2.2. of the terms and conditions set out by the office of OP No.2 vide memo No. 12887-12900/AT-1/ST-II dated 13.07.2011, if H.S.R.P. is not affixed by the concessionaire within 4 days excluding Sunday and gazette holiday of the receipt of authorization from Registering Authority and depositing the price by the vehicle owner then a rebate at the rate of 50/- per day per vehicle shall be given by the concessionaire to the vehicle owner and the amount so worked out shall be refundable to the vehicle owner. Thus, if there is any delay in affixing the H.S.R.P., it is responsibility of the OPs No.3 & 4 to give the said rebate to the vehicle owner. The OP No.1 on its part written a letter dated 05.03.2014 (Annexure C-16) to the OP No.4 for giving requisite rebate/compensation to the complainant as per terms of agreement and a letter dated 24.06.2014 (Annexure-B filed with WS) was also written to their Chandigarh office for doing the needful. Lastly prayed that there is no deficiency in service or unfair trade practice on the part of OPs No.1 & 2 and complaint is liable to be dismissed qua OP No.1 & 2.

4.                     OPs No.3 & 4 filed its written statement by taking some preliminary objections such as complaint is not maintainable; no locus standi to file the present complaint; no cause of action to file the present complaint as the complainant himself as responsible for not affixation of the H.S.R.P. and the sticker on his vehicle in time as he himself did not bring his vehicle to OPs No.3 & 4 within stipulated time for affixation of the same whereas the OPs No.3 & 4 were ready with the H.S.R.P. of the complainant’s vehicle upon the receipt of authorization slip and requisite fee from the complainant. It has been submitted that it was the duty of the complainant to bring his vehicle to the OPs No.3 & 4 for affixation of the H.S.R.P. and sticker on the vehicle and the OPs would have been at fault if the OPs would have brought the vehicle for the affixation of the H.S.R.P. and sticker and the Ops would have denied from affixing the H.S.R.P. and sticker within stipulated time on the vehicle. In the present case, when the OPs had received the authorization slip and requisite fee on 23.01.2014 it immediately prepared the H.S.R.P. for the complainant’s vehicle within time i.e. on 25.01.2014 and when the complainant visited the Op on 13.02.2014 with its vehicle the same got affixed immediately by the OPs without any delay. The complainant has not come to this Forum with clean hands and has filed the present complaint only with an intention to get the undue financial benefits from the OPs. The complainant has not shown any material evidence on record as and when he visited the OPs for the purpose of affixation of H.S.R.P. plates and when he was denied by the OPs for affixation of the same on pretext of non-availability of the said plates and sticker. On merit it has been submitted that the authorization slip was received by the OPs on 23.01.2014 and it was also 23.01.2014 only when the prescribed fee of Rs. 238/- was submitted by the complainant to OPs. It has been specifically denied that fee was deposited on 16.01.2014 and receipt was issued on 23.01.2014. The OPs denied the remaining allegations as leveled by the complainant and reiterated the stand taken in the preliminary objections. Lastly prayed for dismissal of complaint.  

5                      To prove the case, representative of complainant tendered into evidence affidavit of complainant as Annexure CW1/A and documents such as Photo copy of letter dated 24.06.2014 written by Secretary, Regional Transport Authority as Annexure C-1, Photo copy of letter dated 13.07.2011 in continuation of letter dated 13.07.2011 as Annexure C-2, Photo copy of receipt of H.S.R. P. as Annexure C-3, Photo copy of receipt for apply  for registration certificate of vehicle as Annexure C-4,  Photo copy of letter dated11.02.2014 as Annexure C-5, Photo copy of letter dated 26.02.2014 as Annexure C-6, Photo copy of letter dated 12.05.2014 as Annexure C-7Photo copy of courier receipt as Annexure C-8, Photo copy of letter dated 18.06.2014 as Annexure C-9, Photo copy of letter dated 02.07.2014 as Annexure C-10, Photo copy of letter dated 13.08.2014 as Annexure C-11, Photo copy of postal receipt as Annexure C-12, Photo copy of status report of postal department as Annexure C-13, Photo copy of letter dated 18.09.2014 as Annexure C-14, Photo copy of postal receipts as Annexure C-15, Photo copy of Notice dated 5.3.2014 as Annexure C-16, Photo copy of notice dated 9.7.2014 as Annexure C-17,  Rough detail of rebate/penalty as Annexure C-18 and closed the evidence on behalf of complainant.

6.                     On the other hand, Sh. Vikas Kumar Clerk filed his affidavit as Annexure RW.1/A and closed the evidence on behalf of OPs No.1 & 2.

7.                     Counsel for the OPs No. 3 & 4 tendered into evidence affidavit on behalf of OPs No. 3 & 4 and documents such as photo copy of Link Utsav Registration Plates Privat ltd. H.S.R.P. Scheme as Annexure RW3/1, Photo copy of letter dated 17.09.2014 as Annexure R3/2 and closed the evidence on behalf of OPs No.3 & 4. 

8.                     We have heard both the parties and have gone through the pleadings as well as documents placed on file very minutely and carefully.

9.                     The only plea of the complainant is that OPs No.3 & 4 who is authorized/approved contractor by OPs No.1 & 2 to affix the H.S.R.P.alongwith sticker on the new vehicles failed to provide/affix the H.S.R.P. on his car bearing registration No. HR-02AD-4647 despite charging an amount of Rs. 238/- on dated 23.1.2014 which is evident from the receipt Annexure C-3 and further draw our attention towards various complaints made to the RTA and Secretary RTA Transport Department, Jagadhri, Transport Commissioner Government of Haryana, Chandigarh etc. Annexure C-5 to C-17 and also further draw our attention towards agreement (Draft Concession Agreement) obtained through R.T.I. Act in respect of H.S.R.P. (Annexure C-2) and referred the clause vide which time for affixing the plate has been allowed which is reproduced here:

Clause 10.5.2 time allowed for affixing the plate.

Clause 10.5.2.1

 The Concessionaire shall keep the HSRP fully embossed, hot stamped and ready for affixation at the respective affixing station within four days from the date of receipt of authorization from the Registering Authority in the form set forth in Schedule-I or decided by the State Government from time to time and the receipt of price from the vehicle owner. The affixation will be done on the day and date fixed for the Owner to bring the vehicle for affixation, which date shall not be more than 4 (four) days after the deposit of price. In case the vehicle owner deputes another person for getting the High Security Registration Plate affixed on the vehicle, such other person shall be duly authorized by the vehicle owner in the form set forth in Schedule-J or as decided by the State Government from time to time.                 

Clause 10.5.2.2:

                        If the High Security Registration Plate is not affixed by the Concessionaire within 4 (four) days (excluding Sundays an Gazetted holidays) of receipt of authorization from Registering Authority and depositing the price by the vehicle owner, then a rebate @ Rs. 50/- (Rs. Fifty) per day of delay per vehicle upto 7 (seven) days and thereafter @ Rs. 75/- ( Rs. Seventy five) per day per vehicle shall be given by the Concessionaire to the vehicle owner. The amount thus worked out shall be refunded/paid to the vehicle owner by the Concessionaire.

10.                   Lastly prayed that as the OP No.3 & 4 failed to affix the H.S.R.P. on his car, so, the complainant is entitled to get rebate/ penalty of Rs. 2375/- i.e. from 21.01.2014 to 27.01.2014 ( 7 days) at the rate of 50/- rupees per day and from 28.01.2014 to 26.01.2014 i.e. 17 days at the rate of 75/- rupees per day i.e. Rs. 2025/-. after deducting 4 days w.e.f. 16.1.2014 to 20.1.2014 as grace period and referred the calculation sheet (Annexure C-18).

11.                   On the other hand, representative of OPs No.1 & 2 hotly argued that OPs No.1 & 2 have nothing to do with the present complaint and they have been unnecessarily made a party in the present complaint. Even, the complainant has not disclosed any iota of word in his complaint in respect of negligence or deficiency in service on the part of OPs No.1 & 2 and reiterated the stand taken in the written statement and lastly prayed for dismissal of complaint qua OPs No.1 & 2.

12.                   Learned counsel for the OPs No.3 & 4 argued at length that there was no fault on the part of the OPs No.3 & 4 as the complainant himself has not approached with OPs No. 3 & 4 alongwith his vehicle for affixing High Security Registration Plate in stipulated time period which was given to the complainant and referred the receipt of charges of amounting to Rs. 238/- (Annexure C-3) wherein it has been specifically mentioned that “ Vehicle owner is required to visit alongwith his vehicle for the affixation of H.S.R.P. on the fourth working day from the date of issuance of cash receipt, before leaving the counter verify your date on cash receipt”. Learned counsel for the OPs No.3 & 4 further argued that Authorization slip was received by OPs No.3 & 4 on 23.01.2014 and it was only 23.01.2014 when the prescribed fee of Rs. 238/- was submitted by the complainant to the OPs No.3 & 4. It has been specifically denied that fee was deposited on 16.01.2014 and receipt was issued on 23.01.2014. Learned counsel for the OPs No.3 & 4 further argued that all the allegations have been concocted and manipulated by the complainant just to harass and humiliate and to extract the money from the OPs and referred the instructions Annexure R-3/1 and also reply of the complaints/enquiry sent to the Transport Commissioner, Haryana, Chandigarh as Annexure R3/2. Lastly prayed for dismissal of complaint against OPs No. 3 & 4.

13.                   It is not disputed that complainant Anuj Bakshi has deposited an amount of Rs. 238/- with the OPs No.3 & 4 on dated 23.01.2014 on account of High Security Registration Plate which is evident from the receipt Annexure C-3. There is also no dispute in respect of guidelines and instructions issued by the Government of Haryana Transport Department for implementation of H.S.R.P. and as per clause 10.5.2.1 a specific period i.e. 4 days has been affixed. It has been specifically mentioned that “the affixation will be done on the day and date fixed for the owner to bring the vehicle for affixation, which date shall not be more than 4 days after the deposit of price”. Further it has been mentioned under clause 10.5.2.2. that if the H.S.R.P. is not affixed by the Concessionaire within 4 days (excluding Sunday and Gazetted holiday) on receipt of the authorization from the Registering Authority and depositing the price by the vehicle owner, then a rebate at the rate of 50/- per day of delay per vehicle up to 7 days and thereafter at the rate of 75/- per day per vehicle shall be given to the vehicle owner. The amount, thus, worked out shall be refunded/paid to the vehicle owner by the Concessionaire. The plea of the complainant that he deposited/ paid Rs. 238/- to M/s Link Utsav Registration Plates Pvt. Ltd. Jagadhri-Yamuna Nagar on 16.01.2014 for High Security Registration Plate for his car is not tenable as from the perusal of receipt (Annexure C-3) it is clearly evident that amount of Rs. 238/- was deposited on 23.01.2014 vide receipt No. YNPH10001016 Yamuna whereas no cogent evidence has been filed by the complainant to prove that he paid Rs. 238/- on 16.01.2014. As per version of the complainant which was not rebutted by the OPs No.3 & 4 in their written statement, the H.S.R.P. has been affixed by the OPs No.3 & 4 on 13.2.2014 i.e.after a period of 17 days excluding the grace period of 4 days from the date of deposition of Rs. 238/- on 23.1.2014. Even from the perusal of receipt Annexure C-3 vide which the complainant had deposited amount of Rs. 238/- on account of H.S.R.P., it is evident that OPs No.3 & 4 has not given any specific date to the complainant to get affixed the High Security Registration Plate and in the absence of any specific date complainant might have visited the office of OPs No.3 & 4 so many times and ultimately he succeeded to affix the High Security Registration Plate on his car on 13.02.2014. Even the OPs No.3 & 4 has also not placed on file any list of vehicles date-wise which were called for affixation of H.S.R.P. w.e.f. 23.01.2014 to 13.02.2014 and in the absence of this record, it cannot be presumed that complainant himself has not approached to the OPs No. 3 & 4 despite given date and time. Further from the perusal of complaints made by the complainant (Annexure C-5 to C-14) it is also evident that complainant might have suffered some mental agony and harassment to redress his grievances and ultimately when he could not get any relief from any corner then he was forced to file the present complaint. Otherwise also it is not the case of the OPs No.3 & 4 that complainant was having personal reason and due to that he has filed false complaint.

14.                   In the circumstances noted above, we are of the considered view that there is deficiency in service on the part of OPs No.3 & 4 as the OPs No.3 & 4 failed to affix the High Security Registration Plate within the stipulated time/ period of four (4) days,so, the complainant is entitled to get relief as per terms and conditions/ guidelines/ instructions issued by the Government of Haryana mentioned in the Draft Concession Agreement (Annexure C-2) of clause 10.5.2. for a period w.e.f. 27.01.2014 to 02.02.2014 i.e. 7 days at the rate of 50/- per day i.e. Rs. 350/- and also w.e.f. 03.02.2014 to 12.02.2014 for further 10 days at the rate of 75/- per day i.e. Rs. 750/-. In this way the complainant is entitled to get a total amount of Rs. 1100/- as rebate/penalty on account of delay in affixing the H.S.R.P. on his car bearing registration No. HR-02AD-4647. However, as the complainant has neither alleged nor proved any deficiency in service on the part of OPs No.1 & 2, so, the complaint qua OPs No.1 & 2 is hereby dismissed.  

 15.                  Resultantly, we partly allow the complaint of complainant and direct the OPs No.3 & 4 to pay a sum of Rs. 1100/- as rebate/ penalty to the complainant and further to pay a sum of Rs. 2000/- as compensation for mental agony harassment as well as Rs. 1000/- as litigation expenses. Order be complied within 30 days after preparation of copy of this order failing which complainant shall be entitled to invoke the jurisdiction of this Forum as per law. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court. 06.06.2016.

 

                                                                                                ( ASHOK KUMAR GARG)

                                                                                           PRESIDENT

 

 

                                                                                          (S.C.SHARMA)

                                                                                           MEMBER