25th day of May 2012
CC.189/06 filed on 22/2/06
Complainant : M.N.Viswanathan, Madathiparambil House,
Kozhukkully.P.O., Moorkanikkra, Thrissur.
(By Advs.P.Sunil&T.K.Jayakrishnan, Thrissur)
Respondent : Ashok Leyland Finance, (A division of Indus Ind. Bank
Ltd.), rep. by Branch Manager Bakers Complex, MG
Road, Pazhaya Nadakkavu Lane, Thrissur.
(By Adv.P.O.Bonny, Thrissur)
ORDER
By Smt.Padmini Sudheesh, President
The case is that the complainant purchased a brand new Hero Honda Passion Motor Cycle under HP agreement from the respondent which was registered on 30/3/02. At the time of executing the agreement the respondent received 35 cheque leaves drawn on South Malabar Gramin Bank, East Fort branch from the complainant as a security. At the time of closure of the hire purchase the respondent intimated that an amount of Rs.4,000/- was due from the complainant towards the hire purchase and the amount was paid by the complainant on 30/5/05 and the respondent issued receipt for the same stating last and final settlement. So the entire amount towards hire purchase was cleared on 30/5/05. On the same day complainant demanded the respondent to return the original registration certificate, duplicate key, cheque leaves and no objection certificate. The respondent was not ready to issue the same even after receipt of last payment The complainant approached the respondent several times. Lastly complainant was forced to send lawyer notice dated 6/10/05. But the respondent failed to comply with the request. Hence the complaint.
2. The version of respondent is to the effect that according to Clause 4.1(b) of the Hire Purchase Agreement the hirer co-hirer undertakes to deliver the original registration certificate with hire purchase endorsement in favour of owner within 30 days from the date of delivery of product of vehicle. The complainant has not complied with the above condition. The original registration certificate and the duplicate keys are with the complainant himself. On 2/3/07 an amount of Rs.2,715.72 is due to the respondent from the complainant. The complainant will be entitled for the ownership of the vehicle due on payment of the above said amount as per clause 2.1 of the Hire Purchase Agreement. No objection certificate can be issued only on payment of the entire amounts. There is no deficiency in service from this respondent. Hence dismiss.
3. Points for consideration are that :
1) Whether there was any deficiency in service from respondent ?
2) If so reliefs and costs ?
4. The evidence adduced consists of oral testimony of RW1, Exhibits P1 to P5 and R1 to R3.
5. The complaint is filed to get delivery of original registration certificate, duplicate key, cheque leaves and no objection certificate from respondent. The complainant purchased Hero Honda Passion Motor Cycle under HP agreement from the respondent and it is stated that the complainant closed HP agreement by paying Rs.4,000/-. It is stated that this amount was accepted by respondent as last and final settlement. Even after closure of the loan the document and duplicate keys were not returned to complainant. So this complaint is filed. The complainant filed Exhibits P1 to P5 documents and submitted no oral evidence.
6. The branch Manager of respondent is examined as RW1 and Exhibits R1 to R3 documents were marked on the part of respondent. It is the contention of respondent that there is due of Rs.2,715/- and so the cheques were not returned. It is also stated they are not in custody of the other documents seeking by complainant.
7. It is the case of complainant that on 30/5/05 he has remitted Rs.4,000/- towards last and final settlement. Exhibit P2 is the document produced by complainant which would show that on 30/5/05 complainant remitted Rs.4,000/- with the respondent. It is stated in Exhibit P2 as last and final SOH settlement. So the complainant would say that as a final settlement he has remitted the amount. It is the case of respondent that there is some amount due. RW1 deposed that it has not demanded from complainant in writing and no steps also seen taken. The respondent also failed to reply to the lawyer notice sent on behalf of complainant. They have produced Exhibits R1 to R3 documents.
8. The complainant stated one story of exchanging Maruti car by giving the bike involved in this case. But there is no evidence at all to establish the same. Even if the respondent stated that Rs.2,715.72 is due from complainant, they have not taken any steps to realize the same so far. In the argument note filed by respondent it is stated that Rs.2,715.72 due is additional finance charge due to late payment. But as per Exhibit P2 the entire loan amount has paid by complainant. So the non-return of original registration certificate, cheques etc. is deficiency in service from respondent.
9. In the result the complaint is allowed and the respondent is directed to deliver original registration certificate, duplicate key of the vehicle, cheque leaves issued and No Objection Certificate along with compensation of Rs.10,000/- within one month from the date of receipt of copy of this order. Otherwise the complainant would be entitled for 15% interest for the compensation amount from today till realization.
Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 25th day of May 2012.
Sd/-
Padmini Sudheesh, President
Sd/-
Rajani.P.S., Member
Sd/- M.S.Sasidharan, Member
Appendix
Complainant’s Exhibits
Ext. P1 Copy of registration certificate
Ext. P2 Last & final settlement bill
Ext. P3 Copy of lawyer notice
Ext. P4 Acknowledgement card
Ext. P5 Postal receipt
Respondent’s Exhibits
Ext. R1 Hire Purchase agreement
Ext. R2 Statement of account
Ext. R3 Settlement amount statement
Respondent’s witness
RW1 – Sathia Narayanan.A.C.
Id/- President
