The case of complainant is that the complainant purchased a new Bajaj Boxer C.T.Delux Motor bike on 2/12/03. In order to purchase the same the complainant availed a loan of Rs.18,000/- from the second respondent. The vehicle was registered vide No.KL8-Z 3234. As per the hire purchase agreement the original Registration certificate book and one key were kept by the respondents. It is their duty to return these things after closing loan transaction. The complainant completed the loan transaction. But the original Registration certificate book and key were not returned. He made several requests but those were in vain. So he was caused to send lawyer notice. Only because of the above mentioned act of respondents the endorsement hypothecation is not deleted from the Registration Certificate book. It was unable to use the vehicle since there is no original Registration Certificate. The complainant is working in abroad and he was unable to use the vehicle when he was in station. So he used to travel by other vehicles and financial loss was occurred. Non return of original Registration certificate and key is deficiency in service on the part of respondents. Hence this complaint.

 

           2. The counter is that the averments in the complaint that the respondents were keeping the original Registration Certificate Book and one key, the complainant went to the office of the respondents and requested to return the original registration certificate book and key are untrue. The complainant’s father also went several times to the office of the respondents and requested to return the original registration certificate book and key, because of the acts of the respondents the complainant is prohibited from removing the hypothecation endorsement, prevented from running the bike the complainant is traveling by bus, auto and car and taking bike on hire, because of the fact that he was prevented from riding the vehicle, the complainant sustained huge financial as well as mental agony, the respondent behaved indecently etc. are not correct and denied by these respondents. The complainant has not handed over the duplicate key and registration certificate book to these respondents. The registration certificate as well as the duplicate key are with the complainant. The complainant is not entitled for any relief sought in the complaint. The amount claimed for mental agony is without any basis and not sustainable. Hence dismiss the complaint.

 

           3. The points for consideration are

1) Is there any deficiency in service on the part of respondents?

2) If so reliefs and costs?

 

           4. The evidence consists of testimony of PW1 and Exhibits P1 to P7 on the part of complainant and Exhibit R1 and testimony of RW1 on the part of respondents.

 

            5. Points: This complaint is filed to get return of the original Registration Certificate book and duplicate key from the respondents. According to the complainant he availed a loan of Rs.18,000/-from the second respondent to purchase a motor bike. Inspsite of closing of the loan transaction the original registration certificate book and key were not returned. So he seeks return of these things and compensation.

 

           6. The complainant is examined as PW1 and he deposed that the original registration certificate book and key are not obtained to him from the respondents. During cross examination it was asked   that registration certificate book and key were not kept by the respondents and delivered to the complainant. He denied it and deposes that those items were not obtained to him.

 

           7. It is the definite case of complainant that the registration certificate book and key were not delivered to him by the respondents. In the counter the respondents stated that the complainant has not handed over the duplicate key and registration certificate book to these respondents and the   registration certificate book as well as the duplicate key are with the complainant himself. The branch supervisor of respondents finance is examined as RW1 and he deposed that registration certificate book and key are not with them. According to the respondents it is not their practice to keep under custody the registration certificate book and key when the loan was sanctioned. But in this complaint the complainant stated that original registration certificate book and duplicate key are in the custody of respondents and inspite of closing of loan transaction those things were not returned. According to us without any reason he will not approach Forum for remedy. There is no enmity between the parties and the respondents have no case that only because of some enmity this complaint is filed. The complainant produced copy of lawyer notice which is marked as Exhibit P2 and Exhibit P4 shows that it was accepted by the respondents. But there is no reply at all. The closing of loan transaction is not denied by the respondents. The complainant argued that it is the usual practice of these type institutions to keep in custody the original registration certificate book and duplicate key. According to the complainant these things are kept by the respondents only to seize the vehicle forcibly if default is made by the consumers. Hon’ble Supreme Court stated in cases that forcible seizure of vehicle is against law and use of muscle power in a civilized country like India is illegal and cannot be tolerated. So in this case it can be said   that the original registration certificate book and key of the vehicle were kept by the respondents by anticipating the case of default in payment. Since there is no other enmity between the parties the case of complainant is considered as genuine and the complainant is entitled for the relief sought by him. According to the complainant he was unable to use the vehicle since he lacks original registration book. There is no cross examination on this point. So he is entitled for compensation also.

 

            8. In the result the complaint is allowed and the respondents are directed to return the original Registration Certificate Book, Key and any other documents connected with the loan transaction to the complainant and pay Rs.5,000/- (Five thousand only) as compensation with cost Rs.500/- (Rupees Five hundred only) within a month from the date of receipt of copy of this order.

 

             Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 28^th day of December 2009.