H.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SHIMLA.

(1) First Appeal No. : 55/2022 Date of Presentation: 09.06.2022 Order Reserved on : 04.09.2024 Date of Order : 16.09.2024 ----------------------------------------------------------------------------- Punjab National Bank through its Branch Manager, Branch Office Hamirpur, Tehsil Hamirpur, District Hamirpur, Himachal Pradesh.

.…Appellant/Opposite Party.

Versus Parnesh Sharma S/o Sh. Ravinder Sharma, Resident of Village kasba, Post Office Bara, Tehsil Dehra, District Kangra, Himachal Pradesh.

………Respondent/Complainant.

……………………………………………………………………………

For the Appellant: Ms. Jyoti Chauhan, Advocate vice Mr. Sanjay Dalmia, Advocate.

For the respondent: Mr. Manoj Sharma, Advocate vice Mr. Peeyush Verma, Advocate.

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(2) First Appeal No.: 113/2022 Date of Presentation: 01.09.2022 Order Reserved on: 04.09.2024 Date of Order: 16.09.2024 …………………………………………………………………………………

Parnesh Sharma S/o Sh. Ravinder Sharma, Resident of Village kasba, Post Office Bara, Tehsil Dehra, District Kangra, HP .........Appellant/Complainant Versus The Punjab National Bank, Branch Office Hamirpur, Tehsil &

District Hamirpur, H.P. through its Branch Manager .

…….. Respondent/opposite party.

…………………………………………………………………………………

Coram Hon’ble Justice Inder Singh Mehta, President Whether approved for reporting?¹ Yes For the Appellant: Mr. Manoj Sharma, Advocate vice Mr. Peeyush Verma, Advocate.

For the Respondent: Ms. Jyoti Chauhan, Advocate vice Mr. Sanjay Dalmia, Advocate.

………………………………………………………………………………………

Justice Inder Singh Mehta, President.

O R D E R :-

The instant appeals are arising out of the common order dated 07.04.2022 passed by the District Commission, Una camp at Hamirpur, H.P. in consumer complaint No.21/2019 titled Parnesh Sharma Versus The Punjab National Bank.

Brief facts of the Case

2. Brief facts of the case are that complainant has purchased the vehicle from opposite party bearing Registration No. HP-67-4506 (new Registration No. HP-67-

Whether Reporters of the local papers may be allowed to see the order?

5451) on 28.05.2018 in the auction. After purchase of the vehicle, the complainant paid full and final payment of bid price on the same day. The complainant requested opposite party/Punjab National Bank to start process for transfer of ownership in the name of complainant but despite of many requests opposite party/Bank did not start the transfer process. The opposite party/Bank did not issue any documents till 27-09-2018. After 27-09-2018 opposite party/Bank issued NOC and sale certificate. Thereafter, the complainant at his own got executed sale and purchase affidavits, hypothecation cancelled from RC, and also obtained NOC issued by RLA Hamirpur to RLA Dehra and started the process. But Registering and Licensing Authority (RLA) Dehra issued letter to complainant stating that documents produced for transfer of ownership are signed by opposite party/Bank, whereas RC of the vehicle is not in the name of the bank. Complainant time and again requested opposite party to supply requisite documents signed from RC holder, but opposite party/Bank has not issued documents. Without documents, the complainant is not able to ply the vehicle. There is deficiency in service on behalf of opposite party/Bank. Hence, the present complaint.

3. The opposite party/Punjab National Bank resisted and contested the complaint by filing reply and stated that opposite party/Bank sold the vehicle No. HP-67- 4506 to complainant and not the vehicle No.HP-67-5451. The opposite party/bank immediately after auction of vehicle initiated process for transfer of the ownership. Sale certificate, NOC, Form No.25, 29 and 30 were issued in the name of complainant, but, the complainant instead of getting ownership transferred in his name, he in connivance with one Deepak Kumar got the vehicle transferred in name of Deepak Kumar without intimation to opposite party