IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.A.T.Munnoli<br /> B.A., L.L.B (Spl.) - President <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> <br /> <br /> CC 183-2010 DATED 11.06.2010<br /> ORDER<br /> <br /> Complainant N.B.Puttaswamy, S/o Basavaiah<br /> 2nd Cross, Postal Quarters, KHB Colony, Nanjangud.<br /> <br /> (By Sri. G.R., Advocate)<br /> <br /> Vs. <br /> Opposite Party The Manager, <br /> Bajaj Auto Finance Ltd., <br /> VST Bajaj Godown, No.21, Industrial Area, Near Srinivasa Talkies, Bannimantap, Mysore.<br /> <br /> (EXPARTE)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 10.05.2010<br /> Date of appearance of O.P. : -<br /> Date of order : 11.06.2010<br /> Duration of Proceeding : -<br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> Sri. A.T.Munnoli,<br /> President<br /> <br /> 1. The complainant has filed the complaint under section 12 of the C.P.Act, alleging deficiency in service on the part of the opposite party that, in spite of payment of all the loan installments, no objection certificate as well as the original documents of the vehicle have not been returned. Hence, it is prayed to direct the opposite party to return the documents and to issue NOC as well as to award compensation and cost of the proceedings.<br /> 2. In spite of service of the notice, the opposite party has remained exparte. <br /> 3. To prove the facts alleged in the complaint, the complainant has filed his affidavit and produced certain documents. We have heard the arguments and perused the records.<br /> 4. Now, we have to consider, whether the complainant has proved any deficiency in service on the part of the opposite party and that he is entitled to the reliefs sought?<br /> 5. Our finding is partly in affirmative, for the following reasons:<br /> REASONS<br /> <br /> 6. The complainant claims that, he had raised loan from the opposite party to purchase vehicle, which was to be repaid in 30 installments, each of Rs.1,374/-, which includes interest. Towards payment of the installments, the complainant had given S.B.account post office cheques to the opposite party. In spite of payment of entire loan and demand made by the complainant, opposite party has not issued NOC and returned the original documents of the vehicle. These facts are stated by the complainant in his affidavit. Copy of account extract issued by the Post office is produced and from that, it is pointed out that, the cheques that the complainant had given have been encashed. Also, it is submitted that, a sum of Rs.1,724/- regarding one installment no.5 cash is paid and copy of receipt is produced. Thus, considering the facts stated in the affidavit and the documents on record, absolutely, we have no reasons to dis-believe the claim of the complainant. Prior to filing the complaint, notice was issued to the opposite party, copy of which is on record. That notice was duly served on the opposite party. There was no reply or response. Further, the opposite party received the notice of the complaint send by the Forum, but has remained exparte. Considering these facts, absolutely we have no reasons to dis-believe the claim of the complainant. Hence, from the evidence on record, the complainant has proved the deficiency alleged and accordingly, following order. <br /> ORDER<br /> <br /> 1. The Complaint is partly allowed.<br /> 2. The opposite party is hereby directed to issue NOC as well as return the original documents in respect of two wheeler of the complainant bearing No.KA-09-EG-1853 within a month from the date of this order.<br /> 3. The opposite party shall pay a sum of Rs.2,500/- as compensation to the complainant towards mental agony and inconvenience cased, within a month from the date of this order, failing which the amount shall carry interest at the rate of 10%p.a.<br /> 4. So also, opposite party shall pay a sum of Rs.1,000/- to the complainant towards cost of the proceedings.<br /> 5. Give a copy of this order to each party according to Rules.<br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 11th June 2010)<br /> <br /> <br /> <br /> <br /> (A.T.Munnoli) <br /> President <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> <br /> <br />