Date of Filing:       15.05.2018

                                                                                                                       Date of Disposal:  13.12.2019

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

THIRUVALLUR-1

PRESENT: THIRU.   J. JUSTIN DAVID., M.A., M.L.,                                 .…. PRESIDENT

                   TMT.      K. PRAMEELA. , M.Com.,                                         ….. MEMBER-I

                   THIRU.  D.BABU VARADHARAJAN, B.Sc., B.L.,                   ……MEMBER-II

CC No.16/2018

THIS FRIDAY THE 13^th  DAY OF DECEMBER 2019

S.Padmavathi, W/o.Shankar,

No.116, Rettambedu Colony,

Thervazhi post, Gummidipoondi Taluk,

Thiruvallur - 601 201.                                                                          ….. Complainant. 

                                                                        //Vs//

1.Balaji Autos,

   Represented by the Branch Manager,

   No.75, Balaji Autos,

   Gummidipoondi Branch,

   NH5, Verkadu Village,

   Bypass Road, Gummidipoondi - 601 201.

2.Balaji Autos,

    Represented by the Manager,

    No.305, 306, Ground Floor,

    Poonamalle High Road,

   Maduravoil, Chennai -  600 095.                                                   …Opposite parties.

This Complaint is coming upon for final hearing before us on 06.12.2019 in the presence of S.Priya, counsel for the complainant and M/s.M. Arun Samuel, counsel for the opposite parties and after perusal of the both side documents and hearing the arguments on both sides, this Forum passed the following:-

ORDER

PRONOUNCED BY THIRU.J.JUSTIN DAVID, PRESIDENT

This complaint has been preferred by the complainant Under Section 12 of the consumer protection Act, 1986 against the opposite parties to direct the 1^st opposite party to return the original R.C. Book to the complainant and to pay a sum of Rs.1,50,000/- towards compensation for mental agony and deficiency in service and to pay the cost.  

2.The brief averment in the complaint is as follows:-

The complainant purchased the vehicle of Mahindra Maxxima Mini Van VXBS3 from the 1^st opposite party on vehicle loan availed in the month of May 2016 from the Mahindra Finance with the recommendation of the 1^st opposite party. The complainant paid a sum of Rs.84,000/- towards initial payment at the time of purchasing on 21.05.2016 and the above cost of the vehicle is Rs.4,40,256/-.  The complainant agreed to pay the balance amount in 47 equal installments to the Mahindra Finance and the above vehicle was registered on June 2016.  Subsequently to registration, the hypothecation endorsement in the R.C. Book and received the original R.C. Book by the 1^st opposite party from the complainant and also orally agreed by the 1^st opposite party to return it after more than the half of the amount is paid. The complainant agreed to pay Rs.12,700/- per month and also the complainant gave post dated cheques favoring the 1^st opposite party, drawn on the Bank of India, Gummidipoondi Branch.  As on today, the complainant has paid the installment amounts without any default to the Mahindra Finance.  The complainant made several demands to the 1^st opposite party to return of the original R.C. book.  But the 1^st opposite party is giving evasive answers and also postponing to handover the original R.C. Book.  Hence the complainant has issued notice to the 1^st opposite party to handover the original R.C. Book on 03.01.2018.  After receiving the notice, the 1^st opposite party issued reply for the false allegation with the document.  The complainant in the absence of R.C. Book was not able to take the vehicle to the outside for her personal use which is standing in her home without any purpose.  The 2^nd opposite party is the head office of the 1^st opposite party.  Hence the opposite parties are jointly and severally liable to pay the compensation and damages to the complainant for her monetary loss as well as her mental agony due to the deficiency in service on the part of the opposite parties. Hence this is complaint.

3. The contention of written version of the  opposite parties is as follows:-

The above complaint is devoid of truth containing allegations which are false, imaginary and vexatious.  The complainant purchased the vehicle, Mahindra Maxximo Mini Van VS8STR, BSIII bearing Registration No.TN 18 AY 0429 by availing a loan.  The complainant paid a sum of Rs.84,000/- towards initial payment at the time of purchase on the total cost of the vehicle and for the remaining amount the complainant agreed is to be paid in installments and therefore the above said vehicle was registered in the name of the complainant on 03.06.2016.  The complainant is a chronic defaulter in payment of installments cheque dated 27.07.2016, 23.10.2017, 22.11.2017, 22.06.2018, 23.07.2018 are returned dishonored. There is a balance of Rs.25,400/- due to Mahindra Finance.  After registration there will be a hypothecation endorsement in the R.C. Book and the original R.C. Book will be handed over to the complainant after due acknowledgement and the Xerox copy will be kept in possession of the opposite party, since the original will be required to the complainant for all purpose. On 25.06.2016 after due registration of the vehicle, the original R.C. Book was handed over to the complainant after obtaining acknowledgement in writing on the very same day.  Despite having received the original R.C. Book from the opposite party, the complainant surreptitiously suppressed the above facts and has filed this frivolous and vexatious complaint so as to cause monetary loss and loss to reputation for the opposite parties.  The opposite parties have no reason to retain her R.C. Book against the reasonable request of the complainant.  Although the opposite party had handed over the R.C. Book way back on 25.06.2016 and the same was received by the complainant, the complainant wantonly issued a legal notice dated 03.01.2018 with an ulterior motive. The complainant is using the original R.C. Book and she paid the vehicle tax up to 30.09.2018 and obtained fitness certificate up to 21.06.2019 and therefore the opposite parties have not committed any deficiency in service to the complainant.  Hence the above complaint is liable to be dismissed in limine.

4. In order to prove the case, on the side of the complainant, proof affidavit filed as her evidence and Ex.A1 to Ex.A6 were marked.  While so, on the side of the opposite parties proof affidavit filed as their evidence and Ex.B1 to Ex.B7 were marked and also adduced oral argument on both sides.

5. At this juncture, the point for consideration before this forum is:-

(1) Whether there is any deficiency in service on the part of the opposite parties?

(2) Whether the opposite parties are liable to return the original R.C. Book to the complainant?

(3) Whether the complainant is entitled for compensation and cost?

(4) To what other reliefs, the complainant is entitled to?

6. Point No.1 & 3:-

The case of the complainant is that the complainant has purchased a Mahindra Maxxima Mini Van VXBS3 from the 1^st opposite party by availing loan from the Mahindra Finance in the year 2016 and the complainant has hypothecated the vehicle in favor of the Mahindra Finance and for which the original R.C. Book has been received by the 1^st opposite party from the complainant.  Though the complainant made several demands to the 1^st opposite party to return the original R.C. Book but the 1^st opposite party failed to handover the Complainant’s R.C. Book and committed deficiency in service and therefore the complainant filed this complaint before this forum.

7. The 1^st and 2^nd opposite parties contended in the written version that the complainant has purchased the vehicle namely Mahindra Maxximo Mini Van VS8STR, BSIII bearing Registration No.TN 18 AY 0429 by availing a loan and the above said vehicle was registered in the name of the complainant on 03.06.2016.  The complainant received the original R.C. Book from the 1^st opposite party on 25.06.2016 and therefore there is no question of returning the original R.C. Book and there is no deficiency in service on the part of the opposite parties.

8. It is admitted by both the parties that the complainant purchased a Mahindra Maxxima Mini Van VXBS3 from the 1^st opposite party by availing loan from the Mahindra and Mahindra Finance and total cost of the vehicle is Rs.4,40,256/- and for which the complainant paid a sum of Rs. 84,000/- for initial amount to the 1^st opposite party at the time of purchase.  The complainant availed a loan of Rs.4,20,000/- and agreed to pay the said amount at the rate of 12,700/- per month for 47 months.  The complainant also paid the monthly installments till date of filing this complaint and to prove the same the complainant filed Ex.A1 to Ex.A3 documents. The above said vehicle also hypothecated with the Mahindra & Mahindra Finance and there is endorsement in the R.C. Book stating hypothecation, Mahindra & Mahindra Finance, Ondikuppam, Manavala Nagar.  Hence the above said vehicle has been hypothecated with the Mahindra & Mahindra Finance, Ondikuppam, Manavala Nagar.

9. The complainant alleged that the opposite party had received the original R.C. Book from the complainant and failed to return the same when the complainant demanded the original R.C. Book.  But the opposite parties contended that the R.C. Book was handed over to the complainant immediately after registration there will be a hypothecation endorsement in the R.C. Book and the original R.C. Book will be handed over to the complainant and the complainant also gave an acknowledgement to that effect. But the complainant disputed the acknowledgement.  Therefore this forum has to find out whether the complainant received the original R.C. Book from the 1^st opposite party or not?

10. The opposite parties contended in their written version after registration there will be a hypothecation endorsement in the R.C. Book and the original R.C. Book will be handed over to the complainant.  On the other hand the 1^st opposite party sent a reply notice to the legal notice issued by the complainant in which, it is stated that the complainant already acquire original R.C. Book from our client against her requisition letter dated 25.06.2016. If really the opposite party handed over the R.C. Book after making hypothecation endorsement in the original registration certificate, what for the opposite party required the requisition letter from the complainant to hand over the original R.C. Book to the complainant as on 25.06.2016. Further the alleged acknowledgement letter has filed on the side of the opposite party in which it is stated that the complainant received the original R.C. Book for the purpose of taking the vehicle out of state. Further the complainant disputed her signature in the alleged acknowledgement. The opposite party filed only Xerox copy of the alleged acknowledgement letter and not filed original letter written by the complainant.  Therefore this forum is unable to accept the alleged acknowledgement written by the complainant.  There is no record to show that the opposite party has returned the original R.C. Book to the complainant. The opposite party has no right to keep the original R.C. Book in violation of the rules.

11. The complainant required the original R.C. Book for the purpose of taking permit, but the opposite party failed to return the original R.C. Book and the above attitude of the opposite parties amounts to deficiency in service. The 1^st opposite party is the branch office of the 2^nd opposite party and therefore the 1^st and 2^nd opposite parties are jointly and severally liable to return the R.C. Book and pay compensation.  Since the opposite parties failed to return the original R.C. Book in spite of several demands made by the complainant, the complainant suffered mental agony and monetary loss.  Hence there is deficiency in service on the part of the opposite parties and the opposite parties are jointly and severally liable to return the original R.C. Book to the complainant and also liable to pay a sum of Rs.10,000/- towards compensation and also to pay a sum of Rs.5,000/- towards cost of this litigation to the complainant.

12. Point No.4:-

In the result, this complaint is allowed in part.  Accordingly the 1^st and 2^nd opposite parties are jointly and severally hereby directed to return the original Registration Certificate of Mahindra Maxxima Mini Van bearing Registration No.TN18 AY 0429 to the complainant within two months from the date of receipt of the copy of this order.  The 1^st and 2^nd opposite parties further hereby directed to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for causing mental agony and financial loss to the complainant due to the deficiency in service on the part of the 1^st and 2^nd opposite parties and also to pay a sum of Rs.5,000/-(Rupees five thousand only) towards cost of litigation to the complainant. 

The above said amount shall be  payable by the 1^st and 2^nd  opposite parties  within two months from the date of receipt of the copy of this order failing which, this said amount shall carry interest at the rate of 9% per annum till the date of payment.

Dictated by the president to the steno-typist, transcribed and computerized by him, corrected by the president and pronounced by us in the open forum of this 13^th December 2019.

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MEMBER-II                                             MEMBER-I                                        PRESIDENT

List of document filed by the complainant:-

List of document filed by the opposite parties:-

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MEMBER-II                                             MEMBER-I                                        PRESIDENT