Date of Filing: 28/10/2011
Date of Order: 23/12/2011
BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE - 20
Dated: 23rd DAY OF DECEMBER 2011
PRESENT
SRI.H.V.RAMACHANDRA RAO,B.Sc.,B.L., PRESIDENT
SRI.KESHAV RAO PATIL, B.COM., M.A., LL.B., PGDPR, MEMBER
SMT.NIVEDITHA .J, B.SC.,LLB., MEMBER
C.C. NO.1970 OF 2011
Gangamma,
D/o. Mayanna,
Aged About 41 years,
No.579, 4th Cross, 5th Main,
Godavari River Road,
Brundavana Nagara,
BANGALORE-560 019. …. Complainant No.1.
C.C. NO.1971 OF 2011
Giriyamma,
W/o. Late Mayanna,
Aged About 65 years,
No.579, 4th Cross, 5th Main,
Godavari River Road,
Brundavana Nagara,
BANGALORE-560 019. …. Complainant No.2.
C.C. NO.1972 OF 2011
Krishnamurthy M,
S/o. Late Mayanna,
Aged About 32 years,
No.579, 4th Cross, 5th Main,
Godavari River Road,
Brundavana Nagara,
BANGALORE-560 019. …. Complainant No.3.
C.C. NO.1973 OF 2011
Thimmesh Prabhu,
S/o. Late Neelappa,
Aged About 27 years,
No.601, 4th Cross, 5th Main,
Godavari River Road,
Brundavana Nagara,
BANGALORE-560 019. …. Complainant No.4.
C.C. NO.1974 OF 2011
M.Mahesh,
S/o. Late Mayanna,
Aged About 37 years,
No.578, 4th Cross, 5th Main,
Godavari River Road,
Brundavana Nagara,
BANGALORE-560 019. …. Complainant No.5.
(All the complainants are
Rep. by Sri.K.B.Satish, Advocate)
V/s
The Manager,
Bhagyodaya Credit Co-operative
Society Limited, No.18, 1st Floor,
5th Main Road, Avalahally,
BDA Layout, Bangalore-560 085. …. Opposite Party.
BY SRI. H.V.RAMACHANDRA RAO, PRESIDENT
-: COMMON ORDER:-
Since all these matters are between different complainants and the same opposite party regarding similar matter all these complaints are taken up together for this Order and Common Order is passed and in each case one set of the order is kept. Herein afterwards, the complainant in C.C. No.1970/2011 will be referred to as Complainant No.1, the complainant in C.C. No.1971/2011 will be referred to as complainant No.2, the complainant in C.C. No.1972/2011 will be referred to as complainant No.3, the complainant in C.C. No.1973/2011 will be referred to as complainant No.4, the complainant in C.C. No.1974/2011 will be referred to as complainant No.5 and the opposite party will be referred to as opposite party respectively.
2. The brief antecedents that led to the filing of the complaints U/s 12 of the Consumer Protection Act seeking direction to the Opposite Party to return the permits and clearance certificates of the Auto Rickshaws and to pay compensation, are necessary:-
The complainants are the owners of their respective auto rickshaws and have raised loans from the opposite party by pledging original documents in respect of the said auto rickshaws. They have cleared the entire loan long back. After clearance of the loan the opposite party was duty bound to return the original documents and to issue clearance certificate, but has not done so. The complainants issued notice to the opposite party in this regard. The complainants filed complaints before this Forum wherein orders were passed. The opposite party has not returned the permit in spite of the said vehicles and also not issued the loan clearance certificate. The complainants issued notices to the opposite party in this regard. Even then the opposite parties failed to comply with the same. Hence the complaint.
3. In this case the opposite party has filed the versions, but versions are signed only advocates of the opposite party it is neither signed by the opposite party nor verified by the opposite party. Hence the said versions are not summarized.
4. To substantiate their respective cases, the parties have filed their respective affidavits. The arguments were heard. The opposite party has filed the written arguments.
5. The points that arise for our consideration are:-
:- POINTS:-
- Whether there is any deficiency in service or unfair trade practice by the opposite parties?
- What Order?
6. Our findings are:-
Point (A) : In the Positive
Point (B) : As per detailed order
for the following:-
-:REASONS:-
Point A & B:-
7. Reading the pleadings in conjunction with the documents and affidavits on record, it is admitted by all the parties that the complainants have pledged the original documents of the Auto Rickshaws with the opposite party and raised some loans and they have cleared all those loans and there is nothing due, with respect to loan raised by them on the pledging of the documents of the vehicles in question. That is to say it is the complainants, who have pledged the documents of the Auto Rickshaws, taken loan and cleared it. The opposite party therefore was duty bound to return the documents pledged by the complainants to the complainants, but they have not done so. It is unfair trade practice.
8. Further, the complainants have taken the loans, the RC was not transferred to their names, they have purchased the Auto Rickshaws. If the complainants are not the owners of the Auto Rickshaws, how could the opposite party grant loan to the complainants? on the strength of the documents alone? There is no answer? Hence under the circumstances merely some of the RC’s stands in the name of some other persons other than the respective complainants in the respective cases, it does not mean the complainants are not the owners. Anyway, the complainants who have taken loan by pledging the vehicle documents, the complainants have cleared the entire loan, hence the opposite party is bound to return the same.
9. In this regard the complainants have filed C.C. Nos.793/2011 to 797/2011 on contest this Forum on 13.06.2011 has passed the following order:-
01. The complaints are allowed in part.
2(a) The opposite parties are directed to return the original documents of Auto Rickshaw bearing Reg. No.KA-05-A-4311, KA-05-A-8157, KA-05-B-4164 & KA-05-9529 to the complainant in Complaint No.793/2011.
2(b) Opposite party are directed to return the original documents of Auto Rickshaw bearing Reg. No.KA-05-B-6453, & KA-02-B-683 to the complainant in complaint No.794/2011.
2(c) Opposite party are directed to return the original documents of Auto Rickshaw bearing Reg. No.KA-05-B-1863, KA-05-B-1864, KA-05-B-1872, KA-05-B-1749, KA-02-B-9740 & KA-03-B-3913 to the complainant in complaint No.795/2011.
2(d) Opposite party are directed to return the original documents of Auto Rickshaw bearing Reg. No.No.KA-05-A-3605, KA-05-A-4147, KA-05-A-5416, KA-03-5874, KA-05-AB-7519, KA-02-A-8514, KA-05-A-4330, KA-05-A-9726, KA-05-A-5456, KA-05-M-4811, KA-05-C-2874, KA-05-C-4853, KA-05-C-4530 & KA-02-B-2848 to the complainant in complaint No.796/2011 and
2(e) Opposite party are directed to return the original documents of Auto Rickshaw bearing Reg. No.KA-05-4249, KA-05-B-5413, KA-01-A-4384, KA-05-6717, KA-03-A-1785, KA-03-A-366 & KA-03-B-1091 to the complainant in complaint No.797/2011 which were pledged by the respective complainants with opposite party within 30 days from the date of this order.
03. The opposite parties are also directed to pay Rs.5,000/- each to each of the complainants in Complaints Nos.793/2011 to 797/2011 within 30 days from the date of this order.
04. The opposite parties is also directed to pay Rs.2,000/- each to each of the complainants Complaints Nos.793/2011 to 797/2011 within 30 days from the date of this order.
It has been submitted that the complainants have received certain documents have been pledged. In any event the contention of the complainants is that the permit of the vehicles in question have not been returned to them back. Even in the letter written to the opposite party by the complainant does say that the permit of the Auto Rickshaw were handed over to the opposite party they wanted its return.
10. Further the complainants had cleared the loan hence they sought cancellation of the H.P. hypothecation entry in the RC and they wanted cancellation of the loan and that certificate has to be issued. When the loan is cleared the question of not issuing no due certificate and cancellation of the H.P. certainly amounts to unfair trade practice.
11. It was contended during the course of the arguments that since the complainants have written to the opposite party to keep the documents with them as security with respect to the loan of the others they are not bound to return the documents or issue no due certificate. This is an untenable contention. On the hypothecation of the auto rickshaw the opposite party has given a loan to the complainants when that loan is discharged the opposite party is bound to issue no due certificate and hypothecation clearance certificate to the complainants. If the opposite party has any claim with respect to any other loan of any other person they can raise a dispute in accordance with law and recover the money if they are entitled to, advised so for that this order will not come in that way. In view of the above we hold the above points accordingly and proceed to pass the following:-
ORDER
- The complaints are Allowed-in-Part.
- The opposite party is directed to issue loan clearance certificate to each of the complainants with respect to the loans which has been cleared by them within 30 days from the date of this order.
- The opposite party is also directed to return the original permit of the Auto Rickshaws to the respective complainants within 30 days from the date of this order.
- The opposite party is also directed to pay Rs.2,000/- to each of the complainants as costs of this litigation.
- The opposite party is directed to comply the above order as ordered at Serial Nos. 2, 3 & 4 above and submit the compliance report to this Forum with necessary documents within 45 days from the date of this order.
- Return the extra sets filed by the parties to the concerned as under Regulation 20(3) of the Consumer’s Protection Regulation 2005.
- Send a copy of this order to both parties free of costs, immediately.
- The original copy of this order shall be kept in Complaint No.1970/2011 and the authenticated of the same shall be kept in each of the remaining cases i.e., Complaint Nos.1971/2011, 1972/2011, 1973/2011, & 1974/2011 for reference.
(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this the 23rd Day of DECEMBER 2011).
MEMBER MEMBER PRESIDENT
