A PIL has been filed in the Delhi High Court seeking directions to the Delhi government to charge only a permissible fee of Rs 12.15/- from vehicles owners in the National Capital Territory of Delhi for the purpose of obtaining the “Colour Coded Sticker” on the “third registration plate”.
The petitioner seeks to assail the public notice issued in November 2020 by the Transport Department, Government of NCT of Delhi for the affixation of colour-coded sticker on old vehicles, registered in the NCT of Delhi.
The petition said, “In MC Mehta Vs Union of India case, the Supreme Court has directed the implementation of a colour-coded sticker scheme on old and new vehicles, as a ‘third sticker’ of the HSRP scheme. The HSRP scheme consists of two number plates, one each at the front and at the back of the motor vehicle. Each of these two number plates has certain distinctive features which make it secure from theft and counterfeiting. A ‘third registration mark’ is also a part of the HSRP scheme. It should be affixed inside the vehicle of top left hand corner of the front windshield.”
The petitioner wants to highlight a scam worth thousands of crores in the garb of affixing the HSRP set by the Delhi Government.
He said, “It is crucial to note that the price of the third registration plates/hologram sticker has been notified to be Rs 12.15 paise. The residents of Delhi are now being forced to purchase the colour-coded sticker to be affixed on the Third Registration Plates/Hologram Sticker for an amount of Rs 141.60 at the venue of the car dealerships. There is a straight increase of more than 10 times the notified price by OEMs. There are presently around 35 lakh four-wheelers plying in the NCT of Delhi. If every one of these 35 lakh vehicle owners are forced to pay Rs 129.45 more i.e., the difference between Rs 141.60 and Rs 12.15, then for the 35 lakh vehicle owners, the amount comes to Rs 45,30,75,000 crore.”
This is clearly an example of unfair loss to the residents of Delhi and unfair gain to private vendors/OEMs at the behest of the GNCTD, he said.
“The OEMs are indulging in a further egregious fraud. There are so many technical difficulties in booking and obtaining the colour-coded sticker on the website of the private vendors. For example, if a person desirous of obtaining the colour-coded sticker visits the website as prescribed in para 4 of the Public Notice i.e., www.siam.in then the said person is redirected to the website of the Private Vendors/OEM. Despite multiple attempts the said person would be unable to book the colour-coded sticker. However the provision for booking the entire set – HSR Plates including the Third Registration Plate works perfectly, thereby forcing the said person to purchase the entire HSRP set which is sold for Rs 991.20,” averred the plea.
The petition further alleged,
“The GNCTD through the Transport Department has commenced a city wide drive to challan those vehicles which do not have the colour-coded sticker. The fine amount for default in colour-coded stickers is an extremely high amount of Rs 5,500. This has created a veritable fear psychosis in Delhi. Any prudent person would prefer to purchase, in hot-haste, the entire HSRP set for Rs 991.20, rather than pay a fine amount which is 5 times more i.e. Rs 5,500. This is the modus operandi of the Private Vendors/OEM in probable collusion with vested interests of the GNCTD. They create technical hurdles and circumstances coupled with the huge fine amount, which unfairly induce/force/coerce the vehicle owners to opt for the entire HSRP set instead of the colour-coded sticker, and this leads to humungous profit margins for the OEMs at the cost of the common man in Delhi.”
“The notified rate of the complete set of HSR Plates, by the GNCTD is Rs 213.24. However the Private Vendors/OEM are charging Rs 991.20 and if this difference of Rs 777.96 is multiplied by the vehicular population of 35 lakh then it gives a difference of Rs 272,28,60,000 crore. This is also a clear example of unfair loss to the residents of Delhi and unfair gain to the Private Vendors / OEM at the behest of the GNCTD,” it said.
The petitioner further alleged,
“the third incidence of fraud/violation of law that is being committed in the implementation of this Public Notice is the provision of the ‘Home Delivery’ of the colour-coded sticker for a fee of Rs 118/-. The HSRP order of 2018 does not contain any provision for Home Delivery of the Third Registration Plates or any of the HSR Plates.”
The petition is filed by Chaudhary Anil Kumar through Advocates Sunil Kumar and Nupur Kumar and settled by Sunil Fernandes.
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