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2019 DIGILAW 459 (CHH)

Director, Ganpati Motors v. Nagendra Chaudhary

2019-03-08

C.B.BAJPAI, NARENDRA GUPTA, RUCHI GOEL

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ORDER : C.B. Bajpai, J. 1. On behalf of the appellant, copy of the daily news paper Nai Duniya, Durg Edition dated 08.02.2019 and copy of the bill regarding that publication along with a list has been filed. It is taken on record. 2. Despite of publication of notice in daily news paper Nai Duniya, Durg Edition dated 08.02.2019, there is no representation on behalf of the respondent before us. 3. We hold that the respondent is served through substituted service i.e. publication in daily news paper Nai Duniya and even then the respondent is absent, hence we proceed ex-parte against the respondent. 4. Heard the matter finally. 5. Order dictated in the Board. 6. Learned counsel for the appellant would submit that they have not taken any additional amount of Rs. 21,500/- from the respondent. He further submits that the respondent wanted for a Choice Number, which is not under their control. They had undergo procedure laid down by the Transport Department. If anyone sought for any regular number available that can be obtained through online submission of the prayer, but as in the present case where the respondent was praying for the Choice Number they accordingly processed the documents towards the concerned R.T.O. and if any delay was caused by the concerned R.T.O., then they are not responsible for that, hence the concerned District Forum has committed a mistake of fact and law by allowing the complaint filed by the respondent and by directing the appellant for payment of the amount as per para 25 of the impugned order dated 18.09.2018 passed in Complaint Case No. CC/17/297. 7. Since, there is no representation on behalf of the respondent/complainant, hence his stand is not before us. 8. Undisputedly under The Motor Vehicles Act, 1988 and its various subordinate rules, regulations and notifications, if someone prays for a Choice Number, he has to apply for the same before the R.T.O. and the R.T.O. after completion of the entire formalities and other facts, if accepts the application, then only Choice Number may be given. If the Choice Number is not given, then nobody has any right to claim for any Choice Number. Further apart to obtain the registration is prime duty of the buyer of the vehicle under The Motor Vehicles Act 1988. If the Choice Number is not given, then nobody has any right to claim for any Choice Number. Further apart to obtain the registration is prime duty of the buyer of the vehicle under The Motor Vehicles Act 1988. Also on perusal of the entire complaint, written version and documents, it appears that the appellant had given rebate of Rs. 21,500/- to the respondent/complainant. Thereafter he cannot claim for further rebate in the matter. There is no any documents to show that the money taken by the appellant from the respondent was in addition to the money which he shall obtain in case of sale. 9. On due consideration, we are of the considered view that the concerned District Forum has not considered the entire written version of the appellant/O.P. and documents filed by the parties and has also committed a mistake of law, wherein the buyer is solely responsible to get his vehicle registered and if there is no any request for Choice Number, then it comes with the sole discretion of the R.T.O. and nothing left with the appellant. 10. Consequently, we hereby hold that by allowing the complaint of the respondent/complainant, the concerned District Forum has committed a mistake of law and facts, which requires interference from this Commission. 11. Consequently, we hereby dispose off the appeal filed by the appellant/O.P. as follows:-- (1) The appeal filed by the appellant/O.P. is hereby allowed. (2) The impugned order dated 18.09.2018/passed by the concerned District Forum in Complaint Case No. CC/17/297, is hereby quashed. (3) No order as to the cost of this appeal. 12. Copies of this order be provided to the parties forthwith/free of cost.