The complainant Gurjeet Singh (here-in-after referred to as complainant) has filed this complaint U/s 12 of Consumer Protection Act, 1986 (Now C.P. Act, 2019, here-in after referred to as 'Act') before this Forum (Now Commission) against Raunak Motors and others, (here-in-after referred to as opposite parties).
Briefly stated the case of the complainant is that he purchased a motor cycle HF Deluxe bearing Engine No. HA11ENJHC31726, Chassis No. MBLHAR205JHC11606 on 3-5-2018 vide Invoice No. 11440BE18S106 for Rs. 45,892/- from opposite party No. 1. The opposite party No. 1 charged a total sum of Rs. 53,000/- including price of motor cycle and other misc. Expenses for the registration of said vehicle in the name of complainant. The opposite party No.1 assured the complainant to get registered said vehicle in the name of complainant within 15/20 days.
It is alleged that in the invoice issued by opposite party No. 1 Tehsil of Village Bara Singh has been wrongly mentioned as Talwandi Sabo although Village Gehri Bara Singh is situated within the area of Tehsil Maur. The opposite party No. 1 issued provisional Registration Certificate No. PB-45A-0624 of vehicle which is of Talwandi Sabo. Till the date of filing of this complaint, the registration book of the motor cycle in question has not been provided to the complainant. The complainant approached opposite party No.1 many times and requested them to provide registration certificate but on every occasion, they avoided the matter on one pretext or the other.
The complainant has pleaded that due to non-supply of registration certificate, he is unable to ply the vehicle on road. The complainant also got served legal notice dated 18-9-2018 upon opposite party No.1 in this regard, but to no effect. Due to non-supply of registration certificate, complainant is deprived of using the motor cycle. As such, he is suffering from grave mental tension, agony and humiliation. Hence, there is deficiency in service and unfair trade practice on the part of opposite parties.
On this backdrop of facts, the complainant has filed this complaint with the prayer for directions to the opposite parties to provide registration certificate of the vehicle in question in the name of complainant with correct adress and pay Rs. 50,000/- as compensation besides Rs. 5500/- as cost of this complaint.
Upon notice, opposite party No. 1 appeared through counsel and filed written version. In written version, the opposite party No. 1 raised preliminary objections that the complaint is bad for mis-joinder and non joinder of necessary parties as the Registration authorities of Talwandi Sabo and Maur Mandi are also necessary parties as the delay took place on their part. As per procedure, all the documents i.e. Sales Invoice, Address Proof, Sale Certificate, copy of Insurance and Google Search report showing Gehri Bara Singh to be in Tehsil Talwandi Sabo, copy of provisional registration certificate showing payment of the registration amount in the portal of RTA Talwandi sabo, were submitted in the office of RTA Talwandi sabo, who did not prepare the smart card of this number and returned the documents to opposite party No. 1 stating that this village falls in the jurisdiction of RTA Maur. The opposite party No. 1 has further pleaded that then they approached RTA Maur who also did not accept the documents stating that as the Registration fee has been paid in the portal of RTA Talwandi Sabo, the Smart Card should also be prepared by them. The officials of the RTA Talwandi sabo and Maur have refused to give in writing to opposite party No. 1 about the jurisdiction of village despite repeated requests.
It has been further pleaded that there is no fault on the part of opposite party No. 1 as the vehicle in question was sold on 03-05-2018 and within five days the registration tax was paid for the issuance of registration certificate (Smart Card) of this vehicle on 08-05-2018 to the Government.
On merits, the opposite party No. 1 admitted that the complainant had purchased motorcycle in question from them for a sum of Rs 45892/- and total sum of Rs 53,000/- was charged from him including Insurance and Registration Charges. It has also been admitted that the complainant was assured that his RC will be punched in the Transport Department portal for the registration of the vehicle within one week and thereafter the documents will be submitted to the concerned RTA in whose jurisdiction his village fell for the purpose of issuance of smart card to complainant. It is denied that opposite party No. 1 assured that in 15-20 days, the vehicle in question will be registered. It has been pleaded that they informed the complainant that normally one to two months time is taken by RTA in preparing and issuing the smart card. It is denied that in the sale invoice issued to Gurjeet Singh Tehsil of Gehri Bara Singh has been wrongly mentioned. It has been pleaded that invoice is issued on the basis of residence proof and information provided by the customer at the time of the purchase of the Motorcycle. In the present case the complainant Gurjeet Singh provided a copy of his Adhar card wherein address mentioned was “Gurjeet Singh S/0 Gurmeet Singh # 62 Gehri Bara Singh, Bathinda, Punjab 151509.” Thus there is no ambiguity in the address mentioned in the Invoice in which no tehsil has been mentioned as the same was not mentioned in the address proof submitted by complainant. Thus the incomplete information provided by the complainant himself has led the said delay which is attributed to the complainant and the authorities. There is no delay on the part of opposite party No. 1.
It has been further pleaded that prior to April 2018 all the registration certificates pertaining to Distt Bathinda were being issued by DTO Bathinda. However, after April 2018 a large number of RTA's were created by the Government for the purpose of Registration of the vehicles including Talwandi Sabo and Maur. Different codes were assigned to such authorities. No details as to which village or town falls in the jurisdiction of such RTA's in the District Bathinda was provided by the office of the State Transport or DTO Bathinda to the Two Wheeler and Four Wheeler dealers of District Bathinda. As per procedure the registration fee is to be paid to the Govt in the portal of the Concerned RTA in order to register the vehicle and to obtain the provisional registration certificate. In case the Tehsil is nct mentioned in the proof of address provided by the customer, then the same is verified from Google search. This provides the Tehsil of the village mentioned in the proof provided by the customer. There was no mention of Tehsil in Adhar Card provided by complainant, Google search was done to find out in which Tehsil village Gehri Bara Singh was located and the search showed it to be in Tehsil Talwandi Sabo and not Maur. Therefore, registration fee was paid in the Account of RTA Talwandi Sabo on 08/05/2018 which generated provisional registration certificate number PB-45A0624.
It has been further pleaded that opposite party No. 1 made all the efforts but the authorities are delaying the matter and shifting the onus upon each other and for no authentic reason the issuance of RC is being delayed. Although the claim of the complainant is genuine but not against opposite party No. 1 but against the Registration authorities. After controverting all other averments, the opposite party No. 1 prayed for dismissal of complaint.
The opposite party No. 2 put an appearance through authorised representative and filed written reply. It has been pleaded in written reply that opposite party No. 1 punched registration No. PB45A 0624 in the name of Gurjeet Singh S/o Gurmeet Singh, R/o Village Gehri Bara Singh, Tehsil Maur, District Bathinda. Village Bara Singh does not come under Sub Division Talwandi Sabo and it comes under Sub Division Maur. Accordingly, as per Raunak Motors, Tax in connection with above said registration has been got transferred. Now I.D of Sub Division of opposite party No. 2 does not show registration No. PB45A 0624.
The opposite party No. 3 also appeared through authorised representative and filed written reply. In written reply the pleading of opposite party No. 3 is that motor cycle of complainant was punched vide No. PB-45-A-0624 of concerned agency Raunak Motors of Registering Authority, Talwandi Sabo. That Registration Certificate/copy should have been issued by Registering Authority Talwandi Sabo because registered number of registering authority, Maur (motor vehicles) is PB-80.
It has been pleaded that as soon as this fact came to the notice of opposite party No. 3 and after transfer of tax in the ID of registring authority (motor vehicles), Maur, registration certificate/copy was issued immediately. There is no delay on the part of registering authority (motor vehicles) Maur. In the end, the opposite party No. 3 prayed for dismissal of complaint.
During proceedings, on 15-1-2020 complainant received registration cerificate from opposite party No. 3 before this Commission under protest and he got recorded his statement to this effect.
The opposite parties No. 2 & 3 appeared through their respective authorised representative and filed written versions. Thereafter none appeared on their behalf. As such, exparte proceedings were taken against opposite parties No. 2 & 3.
In support of his complaint, complainant has tendered into evidence his affidavit dated 7-12-2018, photocopy of Tax Invoice (Ex. C-2), photocopy of provisional registration certificate (Ex. C-3), photocopy of legal notice and postal receipt (Ex. C-4 & Ex. C-5).
To rebut the evidence of complainant, opposite party No. 1 has tendered into evidence photocopy of Tax Invoice (Ex. OP-1/1), photocopy of Adhar Card (Ex. OP-1/2), photocopy of provisional registration certificate (Ex. OP-1/3), photocopy of payment receipt (Ex. OP-1/4), photocopy of Google Search Details (Ex. OP-1/5), photocopy of Insurance Certificate-cum-Policy (Ex. OP-1/6), photocopy of Form No. 20 (Ex. OP-1/7) and closed the evidence.
It is pertinent to mention here that thereafter on 8-9-2021, complainant suffered statement, recorded separately, vide which he withdrew complaint against opposite parties No. 2 & 3. Accordingly, complaint against opposite party No. 2 & 3 stands dismissed as withdrawn.
We have heard learned counsel for complainant, opposite party No. 1 and gone through the file carefully.
The grudge of the complainant is that he paid certain amount to opposite party No.1 for getting the R.C prepared and opposite party No.1 failed to do the needful in time and in the absence of registration certificate, he could not ply motor cycle on road due to which he suffered mental and physical harassment as well as financial loss. The plea of opposite party No.1 is that there is no fault on their part as the vehicle has been sold to complainant on 3-5-2018 and within 5 days registration tax was paid for issuance of registration certificate (Smart Card) of this vehicle on 8-5-2018 to the Government. The invoice is issued on the basis of residence proof and information provided by complainant at the time of purchase of motor cycle. The complainant provided Adhar Card wherein no Tehsil of Village Gehri Bara Singh, of complainant was mentioned. The opposite party No. 1 searched tehsil of village of complainant from Google for deposit of tax which showed it to be in Tehsil Talwandi Sabo instead of Maur. Accordingly, opposite party No. 1 paid registration fee in the account of RTA Talwandi Sabo on 8-5-2018 which generated provisional registration certificate No. PB45A0624. On submission of documents, RTA, Talwandi Sabo refused to issue smart card stating that village falls within the jurisdiction of Tehsil Maur which has also not accepted the documents stating that registration fee had been paid in the portal of RTA Talwandi Sabo. Thereafter registration fee was got transferred from RTA Talwandi Sabo to RTA Maur.
It is admitted case that opposite party No.1 accepted certain amounts for prepration of R.C and also assured the complainant to get the needful done in certain time, but in this case, the complainant received R.C after 1 year 8 months that too in Commission. Once opposite party No.1 took certain amounts for providing certain services i.e. providing R.C in this case. It was duty of opposite party No.1 to do the needful in time by acting prudently.
It is admitted by opposite party No.1 that it had charged money from the complainant for registration certificate. It is further admitted that the complainant was assured that his R.C will be prepared in the transport department portal for registration of the vehicle within one week and thereafter the documents will be submitted to the concerned RTA in whose jurisdiction his village fell for the purpose of issue of smart card to the complainant.
Thereafter it is further admitted that the complainant was informed that R.C shall be prepared after 1/2 months. Opposite party No.1 negligently and in haste made payment and deposited documents in the wrong office and even on return of documents, failed to get prepared the R.C in time from correct office. Opposite party No.1 should have asked the complainant about Tehsil of Village of the complainant or should have enquired from the concerned office before making payment and deposit of documents.
The vehicle was purchased by the complainant on 3.5.2018 and money for prepration of R.C was received by opposite party No.1. When the complainant did not receive R.C then he got issued legal notice to opposite party No.1 on 18.4.2018 and opposite party No.1 did not file reply to this notice. Thereafter the complaint was filed on 7.12.2018 and complainant received R.C under protest on 15.1.2020 in this Commission. There is inordinate delay on the part of opposite party No.1 in getting the R.C prepared.
Opposite party No.1 failed to bring on record any document showing that when it received back documents from Talwandi Sabo office and when it again deposited the same in Maur office for payment of R.C. Moreover opposite party No.1 has not brought on file any document showing how much amount was deposited by it in the office of RTA concerned for prepration of R.C and how much amount was retained by it. All this shows that opposite party No.1 is also indulged in unfair trade practice.
Hence, there is deficiency in service on the part of opposite party No.1 in not providing proper service/registration certificate of motor cycle to complainant despite receiving charges for the same due to which the complainant could not ply his motorcycle on road and suffered despite spending sufficient amount for purchasing the same.
Since the complainant has already received registration certificate of vehcile, it would meet ends of justice if the complainant is compensated for his sufferings at the hands of opposite party No.1.
Resultantly, this complaint is partly allowed against opposite party No.1. The opposite party No. 1 is directed to pay Rs.5000/- as cost and compensation to complainant within a period of 45 days from the date of receipt of copy of this order.
The complaint could not be decided within the statutory period due to heavy pendency of cases.
Copy of order be sent to the parties concerned free of cost and file be consigned to the record.
Announced:-
18-10-2021
(Kanwar Sandeep Singh)
President
(Shivdev Singh)
Member
