SRI. K. ANIRUDHAN (MEMBER)

Filed on 03.02.2009

            Sri.  Krishnakumar has filed this complaint before the Forum on 3.2.2009 alleging deficiency in service on the part of the opposite parties.    The allegations are as follows:-  He had availed a loan of Rs.28,500/- from the first opposite party for the purchase of one motor bike.   He had entrusted 36 cheque leaves with the opposite parties for the security of the said loan on the condition that he has to repay the loan by  36 installments for a sum of Rs.1,128/- each.  As such he had purchased the bike bearing No.KL 04/T 483.  He had remitted 8 installments at the rate of Rs.1128/- through post office and remitted 16 installments by cash credit.   Remitted 24 installments for a total sum of Rs.27,072/-.  On 2.10.2007 night  the said vehicle was gone by theft and he had filed a complaint before the police authorities and they had field a case vide No. CC No.57/07 North Police station, Alappuzha and had not traced out the said vehicle.  On 3.10.2007 he had  filed the petition to the 1^st and 2^nd opposite parties and entrusted all the documents before them.   On the basis of the documents filed by him before the 4^th opposite party, on 11.7.2008, they have sanctioned a sum of Rs.22,950/- as claim amount and requested him  to produced RC Book of the vehicle, letter of subrogation, Power of Attorney and NOC.  But the first and second opposite parties had not given the said documents to him and so he could not avail the claim amount from the 4^th opposite party.    On 1.1.2009, 3^rd opposite party had issued a letter to him, stating that amount of Rs.24,553/- is required to be remitted.    So far he has not obtained a positive approach from the opposite parties.   Hence this complaint.

            2.  Notice issued to the opposite parties.  Opposite parties 1 to 3 are not entered appearance before the Forum, considering their absence; they were declared as exparte by this Forum on 16.3.2009.  4^th opposite party entered appearance and field version.                            3.  In the version, 4^th opposite party has stated that they have already intimated the complainant to the effect that a sum of Rs.22,950/- was sanctioned towards the claim amount and requested the complainant to submit the necessary documents.  It is further stated that since there was not any action on the side of the complainant, they had sent registered letter on 16.9.2008 requesting to comply with the requirement. It is further stated that, since the complainant had not turned up, they have closed the claim file.  It is further submitted that  there is no deficiency in service on their part.                            

4.  Considering the contentions, this Forum have raised the following issues:-  

1)      Whether there is nay deficiency in service on the side of the opposite parties 1

to 3 and 4?

2)      Whether the complainant is entitled to get the documents from the opposite parties 1 to 3, and claim amount from 4^th opposite party?

3)      Relief.

5.  Issues 1 to 3:-     Complainant has filed proof affidavit in support of his case and produced documents in evidence.  Exts.A1 to A14 marked and he has examined and cross examined by the 4^th opposite party.  Ext.A1 and A2 are  the form 29 signed by the complainant, required for the transfer of ownership of the vehicle to be produced before the RTO.  Ext.A3 is the form of 30, for the Report of transfer of ownership of the vehicle, signed by the complainant.  Ext.A4 is the letter issued by the 4^th opposite party vide  dated 11.7.2007 to the RTO., Alappuzha requesting to get the RC book.  Ext.A5 is the Police Report regarding the loss of the  said vehicle.  Ext.A6 is the  Un  report of the Police.  Ext.A7 is the FIR of the Police.  Ext.A8 is the letter dt. 11.7.2008 of the 4^th opposite party sent to the complainant requesting to sent the required documents.  Ext.A9 & A10 are the   discharge vouchers of the 4^th opposite party, regarding the claim amount.  Ext.A11 is the original Power of Attorney executed by the complainant in favour of the 4^th opposite party.  Ext.A12 is the letter of undertaking to the 4^th opposite party,  regarding the claim amount of the complainant.  Ext.13 is the letter of subrogation executed by the complainant.  Ext.A14 is the original RC book in respect of the vehicle.  4^th opposite party has not produced any documents in evidence. 

6.  We have examined this matter in detail and perused the entire documents produced by the complainant in evidence and heard the matter.  The complainant had availed a loan of Rs.28,500/- from the first opposite party, for the purchase of one Motor bike and he had entrusted 36 cheque leaves with the opposite party as security for the said loan.   The complainant had remitted a total amount of Rs.27,072/- towards  the loan repayment, on different dates.  While so, the said vehicle of the complainant has lost by way of theft on 2.10.2007.  He had intimated the matter to the Police along with the opposite parties.  Police had registered a case and filed reports.  On 3.10.2007 the complainant had filed the details before the opposite parties 1 to 3 by written petition.  Along with this, on the basis of the documents the 4^th opposite party had sanctioned a sum of Rs.22,950/- towards the claim amount and they requested to produce the required documents for release of the said amount.   But the opposite parties 1 to 3 had not returned the documents including NOC regarding the charge of the vehicle and insisted the complainant for entrusting the full claim amount of the vehicle sanctioned by the 4^th opposite party.  Since the complainant had remitted 24^th  installments without default,  the balance may not be very high.   On 3.10.2007  the complainant had intimated the  details  of theft to the opposite parties.  But the opposite parties 1 to 3 had dragon the matter without settlement.  Due to this, the 4^th opposite party had not taken any steps to settle the claim, without getting the documents from the opposite parties 1 to 3.  The entire matter shows that the opposite parties 1 to 3 have not taken any sincere attempt to settle the matter in a fair way.  Instead of that, the opposite parties 1 to 3 had taken a negligent view.  So the matter is pending with them without any positive nature.  Further on verification of the entire matter, it can be seen that, there is gross deficiency in service, culpable negligence and unfair trade practice on the side of the opposite parties 1 to 3 by way of purposeful denial of release of NOC and other connected documents to the complainant in order to submit the same before the 4^th opposite party  for getting the  claim amount in time.  There is no justification on the side of the opposite parties  1 to 3 to deny the release of the required documents to the complainant in time.  The opposite parties 1 to 3 are not at all entitled to  get the full amount of claim sanctioned by the 4^th opposite party to the complainant.    Opposite parties 1 to 3 are entitled to get the amount, outstanding on 3.10.2007, the date on which the complainant had intimated the loss of the vehicle to them and submitted the documents before them.  Since there is grossest deficiency in service, culpable negligence and unfair trade practice on the side of the opposite parties 1 to 3, they are entitled to pay compensation and costs to the complainant.     The complainant is fully entitled to get the required documents from the opposite parties 1 to 3, regarding the vehicle, and 4^th opposite party is bound to release the claim amount to the complainant, after collecting the documents.   Considering the whole facts and circumstances of this case, we are of the view that the complaint is to be allowed, since the allegations are genuine.

            In the result, we hereby direct the opposite parties 1 to 3 to furnish a detailed statement of account to the complainant stating the balance loan amount as on 3.10.2007, and direct the opposite parties 1 to 3 to allow the complainant to remit the balance amount as on 3.10.2007, and close the loan a/c of the complainant in connection with said the vehicle,

(2)  and further direct the opposite parties 1 to 3 to issue the NOC of the said vehicle and keys and other required documents including blank cheque leaves to the complainant at the time of remitting the amount by him,

(3)  directing the 4^th opposite party to release the claim amount of Rs.22,950/- (Rupees twenty two thousand nine hundred and fifty only), directly to the complainant after collecting the required documents except the NOC, Exts.A11, A12 and A13 are sufficient and valid document to accepting the same by opposite party 4,  instead of NOC of the said vehicle.  We hereby directing the complainant to collect the NOC from the opposite parties 1 to 3 after remitting the amount before them and hand over the NOC to the 4^th opposite  party. 

Considering the facts and circumstances of this matter, we are not directing the opposite parties to pay compensation and costs to the complainant.  We further direct the opposite parties to comply with this order, within 20 days from the date of receipt of this order. 

            Pronounced in open Forum on this the    17^th day of March, 2010.

                                                                                                Sd/- Sri. K. Anirudhan:

                                                                                                Sd/- Sri.Jimmy Korah:

                                                                                                Sd/- Smt.N.Shajitha Beevi:

Appendix:-

Evidence of the complainant:-

PW1                -                       Krishnakumar (Witness)

Ext.A1 & A2   -                       Form No.29

Ext.A3             -                       Form No.30\

Ext.A4             -                       Letter dated 11.7.2008

Ext.A5             -                       Final report of Kerala Police (Photo copy)

Ext.A6             -                       Copy of the report of S.I. of Police

Ext.A7             -                       Copy of the FIR

Ext.A8             -                       Letter dated 11.7.2008

Ext.A9 & 10    -                       Discharge Voucher

Ext.A11           -                       Original Power of Attorney executed by the complainant

Ext.A12           -                       Letter of undertaking to the 4^th opposite party regarding

                                                claim amount of the complainant

Ext.A13           -                       Letter of subrogation executed by the complainant

Ext.A14           -                       Original RC book

Evidence of the opposite parties:-  Nil

// True Copy //

                                                                                                                        By Order

                                                                                                            Senior Superintendent

To

            Complainant/Opposite parties/S.F.

Typed by:- pr/-

Compared by:-