KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL  NO: 159/2011

JUDGMENT DATED:09-06-2011

PRESENT

JUSTICE SHRI. K.R. UDAYABHANU              :  PRESIDENT

SHRI.S. CHANDRAMOHAN NAIR                             : MEMBER

The Manager,

M/s HDFC Bank Ltd.,

V.J.P.Building, Door.No.XVI, 1539 (1302 A),  : APPELLANT

Vadakkumbhagom Ward, Iron Bridge,

Kollam.

(By Adv:Sri.T.L.Sreeram)

          Vs.

Babu Sadanandan, S/o Sadanandan,

Puthenpurackal, Maruthoorkulangara South,    : RESPONDENT

Karunagappally.

                                                                                                                                                                                                   JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:  PRESIDENT

The appellants are the opposite parties/HDFC bank in the file of CDRF, Kollam in CC29/09.  The appellants are under orders to return the RC book and spare key of the vehicle to the complainant failing which to pay a sum of Rs.20,000/- and also to pay Rs.2,500/- as compensation and Rs.1000/- as cost.

2.      It is the case of the complainant that he had availed a loan for the purchase of the vehicle for hypothecating the same from the opposite parties and that at that time the RC book and the duplicate key was surrendered to the opposite parties.  The loan was completely paid up.  The opposite parties did not return the RC book and the duplicate key.

3.      It is the contention of the opposite parties that they have not received the RC book or the duplicate key from the complainant and that it is not the practice of the opposite party to obtain the RC book and the duplicate key.

4.      The evidence adduced consisted of PW1, Exts.P1 and P2.

5.      Counsel for the appellant has contended that the complainant has failed to produce any evidence to substantiate the case that the RC book and the duplicate key was received by the opposite party.  The Forum has apparently relied on the testimony of PW1, the complainant and believed the version of the complainant. The opposite parties have not produced before the Forum the concerned file with respect to the agreement.  The opposite parties have also not entered into the witness box.  In the circumstances we find that there is no illegality as such in the order of the Forum.  All the same we find that the amount of compensation ordered appears excessive.  Hence the direction of the Forum to pay a sum of Rs.20,000/- to the complainant is reduced to Rs.7500/-.  The rest of the order of the Forum is confirmed.

In the result the appeal is allowed in part as above.  The opposite parties are directed to make payment within one month from the date of receipt of this order failing which the complainant will be entitled for interest at 12% on the amounts ordered from 25/6/2010, the date of the order of the Forum.

The office will forward the a copy of this order to the Forum.

JUSTICE K.R. UDAYABHANU:  PRESIDENT

S. CHANDRAMOHAN NAIR : MEMBER

VL.