Morung Express News
Kohima | October 28
The Gauhati High Court, Kohima Bench, on October 26, has directed the Government of Nagaland and concerned departments to ensure that “no agency or 3rd party collects the charges” for High Security Registration Plates (HSRP) from the customers except the manufacturers or dealers.
This is in accordance with the provisions of the Motor Vehicles (High Security Registration Plates) Order, 2018, issued by the Union Ministry of Road Transport and Highways (MoRTH) on December 6, 2018, stated an order issued by the single-Judge Bench of Justice Songkhupchung Serto, while disposing off a public interest litigation (PIL).
In the PIL, the counsel for the petitioner submitted that as per the December 6 order, vehicles buyers from April 1, 2019 are “no longer required to pay for HSRP and for its fixing on their vehicles after placing of the registration mark to any other individual or agency except to the dealers.”
However, in Nagaland, there has been dual payment – one to the vehicles dealers and the other to an agency (M/S Shimnit Utsch India Pvt. Ltd), in violation of the provisions of the order, it pointed out.
“Therefore the same requires to be stopped in public interest,” it added.
The counsel also submitted some invoices issued by the concerned agency showing amount received from the customers, and contended that there was no denial from the respondents’ side specially, the concerned agency.
The Additional Advocate General (AAG), Nagaland representing the State Government, the acknowledged it signed a contract with Shimnit Pvt Ltd for production of HSRP and fixing of the same on the vehicles purchased in the State.
But the AAG claimed that after enforcement of the MoRTH’s order on April 1, 2019 the contract has ended.
Meanwhile, the counsel for Shimnit Pvt Ltd submitted that as per the contract signed, the agency used to “supply the HSRP to the dealers only so the respondent did not charge the price of the same from the customers.”
The Central Road Research Institute (CRRI) also submitted that while it the the authority to issue the licence for manufacturing HSRP and Shimnit Pvt Ltd was one of the agencies to whom manufacturing licence was issued, it should charging from dealers only.
The Agency was authorised to produce the HSRP only till October 9, 2019, it added.
In view of the submissions, the Bench noted that it would be appropriate to reproduce relevant section of the 2018 Order to arrive at a conclusion.
Among others, the order stated that the type of HRSP approved including the third registration mark, shall be “supplied by the vehicle manufacturers to their dealers, who shall place a mark of registration on such plates and affix them on the automobiles.”
“A manufacturer of the motor vehicles shall ensure that the requisite infrastructure required for placing the mark of registration on the security licence plates and printing the third registration plate are available with their dealers,” it stated.
The cost of HRSP and its affixture on the vehicle after placing the mark of registration will be included in the price of the new vehicle and no additional or itemised cost will be charged from the vehicle purchaser by the dealer for the same, it added.
A care careful perusal of the 2018 Order makes it crystal clear that it is the responsibility of the manufacturer/dealer for supplying and fixing the HSRP on every vehicle and it should be in the price of the vehicle, and no extra charge should be levied from the customers, the Bench observed.
Accordingly, it concluded that the practice of charging the price of HSRP from the customers by a 3rd party was not as per the provision of the order.
Accordingly, the Bench directed the motor vehicle dealers in Nagaland to make sure that the” HSRP are supplied and affixed by them as per the provision of the order of 2018 Order, 2018 and not by any person or 3rd party.”
Apart from the directive to State Government and concerned departments, it further asked the CRRI to enquire if any illegality or violation of the provision of the order of 2018 has been committed by the concerned agency and take appropriate action.
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