IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 27th day of December, 2010.
Present : Sri. Jacob Stephen (President).
Smt. C. Lathika Bhai (Member)
Sri. N. Premkumar (Member)
C.C.No.139/09 (Filed on 26.10.2009)
Between:
Upendran,
Nilanarakathunkal House,
Kanjeettukara.P.O.,
Ayroor, Thiruvalla,
Pathanamthitta.
(By Adv. Lalu John) ..... Complainant
And:
1. M/s. Bajaj Auto Finance Ltd.,
229/A-23, 2nd Floor,
Vasudev Complex,
Opp. HDFC Bank,
Civil Line, Palarivattom,
Kochi.
(By Adv. T.S. Rajan)
2. Reji, Proprietor,
Bajaj Authorised Service Centre,
Pioneer Motors,
Kozhencherry.
3. M/s. Geo Bajaj,
Pathanamthitta. .... Opposite parties.
O R D E R
Smt. C. Lathika Bhai (Member):
The complainant has filed this complaint against this opposite parties for getting a relief from the Forum.
2. The fact of the complaint is as follows: The complainant has purchased a Bajaj CT 100 DX Motor bike from the 2nd opposite party on 25.4.06. At the time of purchasing the vehicle the 3rd opposite party arranged finance from the first opposite party. Initial payment was made by the complainant himself and the complainant has been paid the balance amount of loan ` 39,140 in 34 instalments. After registration of the vehicle, 3rd opposite party’s agent collected the original R.C. Book, duplicate key and the token from the complainant. The complainant paid the entire loan amount. But after remitting the entire amount, the 1st opposite party did not return the R.C. Book, duplicate key and other documents till today. The complainant had sent a legal notice to the 1st opposite party but the 1st opposite party did not respond. The action of opposite parties is an unfair trade practice and there is a deficiency in service from the part of opposite parties. The non-returning of key and documents by the opposite parties caused mental agony, financial loss and hardship to the complainant. The opposite parties are liable to compensate the same. Hence he filed this complaint for getting an order for directing the opposite parties to return the R.C. Book, duplicate key, tax token and the clearance certificate and also directing the opposite parties to pay compensation and cost to the complainant.
3. The 1st opposite party filed a version stating the following contentions: The complainant had entered into a loan agreement on 29.4.06 with this opposite party and has availed an amount of ` 31,223 for purchasing a Bajaj CT 100. He has agreed to repay the said amount by 35 monthly instalments of ` 1,095. The 1st opposite party has renewed the insurance of the complainant’s vehicle on 31.12.08. For that the complainant had issued a cheque to the 1st opposite party. But it was dishonoured due to insufficient funds in his account. This amount of ` 1,194 is due to the 1st opposite party from the complainant. Since the complainant has not remitted the said amount the opposite party has not issued NOC/HP termination paper to the complainant. The complainant has no right to get the key, NOC, Original R.C. Book etc. because of the default of the payment as per the loan agreement. This opposite party did not commit any unfair trade practice. There is a debtor and creditor relationship between the complainant and opposite parties. Hence the complaint is not maintainable before the Forum. Therefore 1st opposite party prays for the dismissal of the complaint with their cost.
4. The 2nd opposite party has filed a version stating the following contentions: The complaint is bad for misjoinder of parties. This opposite party is an unnecessary party in this complaint. This opposite party admitted the purchase of the vehicle from them on 25.4.06 by the complainant. This opposite party is unaware of the transaction between the complainant and the 3rd opposite party. This opposite party did not collect R.C. Book or other documents and key from the complainant. There was no deficiency in service or unfair trade practice from this opposite party hence they are not liable for the loss and damages if any caused to the complainant. The complainant is not entitled to get any relief from this opposite party and is not liable for the cost of the complaint. Hence this opposite party prayed for the dismissal of the complaint with their cost.
5. 3rd opposite party has not appeared hence he set exparte and remained as such.
6. On the basis of the above pleadings of the parties, the following points are raised for consideration:
(1)Whether the complaint is maintainable before the Forum?
(2)Whether the complainant is entitled to get a relief as prayed for in the complaint?
(3)Relief and Costs?
7. The evidence in this case consists of the proof affidavit and Ext.A1 and A2 series filed by the complainant. There is no oral or documentary evidence from the part of opposite parties. After closure of the evidence, both sides heard.
8. Point Nos.1 to 3:- The complainant’s case is that he had availed a loan from 1st opposite party for purchasing a Bajaj two wheeler. At the time of availing the loan the 1st opposite party’s agent collected the original R.C. Book, duplicate key and other documents from the complainant. But after the completion of payment of loan amount 1st opposite party did not return the duplicate key, NOC and other documents to the complainant. The non-return of the documents and key of the complainant after paying the entire loan amount is a deficiency in service and which caused mental agony and other inconveniences to the complainant. Hence he filed this complaint for getting the relief as sought for in the complaint.
9. In order to prove the complainant’s case, the complainant had filed proof affidavit narrating the facts and relieves of his complaint and Ext.A1 and A2. Ext.A1 is the copy of R.C. Book of the complainant’s vehicle No.KL.03/P-149. Ext.A2 series are the receipts (34 Nos.) for the payment of loan instalments by the complainant.
10. The 1st opposite party contended that the complainant has to pay 35 monthly instalments of ` 1,095 for the repayment of loan. But he is a defaulter as per the loan agreement. They have renewed the insurance of the complainant’s vehicle on 31.12.08. For that the complainant had issued a cheque but it was dishonoured. Thus an amount of ` 1,194 is due to them from the complainant. Since the complainant has not remitted the said amount and a defaulter of the instalment the opposite party has not issued NOC, key and other documents of the complainant’s vehicle.
11. There is no oral or documentary evidence from this opposite party for proving their contentions.
12. The 2nd opposite party admitted the purchase of the vehicle from them on 25.4.06 by the complainant. This opposite party is unaware of the transaction between the complainant and 1st opposite party. This opposite party did not collect R.C. Book or duplicate key or other documents from the complainant. The complainant is not entitled to get any relieves from this opposite party.
13. We have gone through the averments, pleadings and the evidences in this case, the exact loan amount is not disclosed by both parties. According to the complainant he has to pay 34 monthly instalments of ` 1,095 each and he had paid the entire instalments to the 1st opposite party. But the 1st opposite party contended that the complainant has agreed to pay 35 instalments of ` 1,095. Statement of account of the complainant’s loan account has not been produced from both sides. Without the statement of account and the loan agreement, we couldn’t come to a conclusion about the loan dues. Besides that the 1st opposite party did not disclose the exact amount, which they are entitled as loan dues from the complainant. Ext.A2 series receipts shows that the complainant had paid 33 instalments of loan amounts. On a perusal of this receipts it can be seen that the date of remittance of instalment is different from every month. From that we can see that the complainant has not remitted the EMI on due date. Ext.A2 series A(34) shows that the complainant had made a payment of ` 3,000 on 30.7.09. The purpose of remittance is not mentioned in the receipt.
14. Further the 1st opposite party contended that they have renewed the insurance of complainant’s vehicle on 31.12.08. For that purpose, the complainant had issued a cheque to the 1st opposite party. But it was dishonoured due to insufficient funds in his account since the complainant has not remitted the said amount the opposite party has not issued the NOC and other documents. We are not aware that if there is any agreement between the 1st opposite party and the complainant about the payment of insurance premium. It is pertinent to note that the renewal of policy and the remittance of insurance premium by 1st opposite party was not disputed by the complainant. He has not made any version about the payment of insurance premium to the 1st opposite party. And he has not produced any evidence to show that he had paid this amount to the 1st opposite party. If there is any dues from the complainant only after clearing that dues the complainant is entitled to get the documents and key from the 1st opposite party. In the circumstances, we could not come to a conclusion that whether there is any deficiency in service from the part of opposite parties. Therefore the complainant’s prayer cannot allowable. However, the 1st opposite party is directed to release the key and documents of the complainant’s vehicle on the remittance of the dues if any up to the date of filing of this complaint.
15. In the result, this complaint is dismissed. No cost.
Declared in the Open Forum on this the 27th day of December, 2010.
(Sd/-)
C. Lathika Bhai,
(Member)
Sri. Jacob Stephen (President) : (Sd/-)
Sri. N. Premkumar (Member) : (Sd/-)
Appendix:
Witness examined on the side of the complainant: Nil
Exhibits marked on the side of the complainant:
A1 : Photocopy of R.C. Book of the complainant’s vehicle
No.KL.03/P-149.
A2 series : Receipts (34 Nos.) for the payment of loan instalments issued
by the opposite parties to the complainant.
Witness examined on the side of the opposite parties:
Exhibits marked on the side of the opposite parties:
(By Order)
Senior Superintendent.
Copy to:- (1) Upendran, Nilanarakathunkal House, Kanjeettukara.P.O.,
Ayroor, Thiruvalla, Pathanamthitta.
(2) M/s. Bajaj Auto Finance Ltd., 229/A-23, 2nd Floor,
Vasudev Complex, Opp. HDFC Bank,
Civil Line, Palarivattom, Kochi.
(3) Reji, Proprietor, Bajaj Authorised Service Centre,
Pioneer Motors, Kozhencherry.
(4) M/s. Geo Bajaj, Pathanamthitta.
(5) The Stock File.
