Kerala

Malappuram

CC/06/85

VASU. M.T - Complainant(s)

Versus

BRANCH MANAGER, KVR AUTOMOBILES - Opp.Party(s)

22 May 2008

ORDER


DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MALAPPURAM
consumer case(CC) No. CC/06/85

VASU. M.T
...........Appellant(s)

Vs.

BRANCH MANAGER, KVR AUTOMOBILES
MANAGER, HEAD OFFICE
BAJAJ AUTO FINANCE LTD
...........Respondent(s)


BEFORE:
1. C.S. SULEKHA BEEVI

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By Smt. C.S. Sulekha Beevi, President, 1. Complainant is aggrieved that even after repayment of the entire finance amount, opposite parties have not issued the hire purchase termination letter nor have they returned the documents handed over to them. 2. First and Second opposite parties have not filed any version. Third opposite party set exparte on 25-03-08. 3. Affidavit filed by complainant. Exts.A1 and A2 marked. In the affidavit complainant prays for relief only against third opposite party. The prayer in the affidavit is for return of the original Registration Certificate of his vehicle No.KL-10 T 1774, duplicate key and cheque leaf. At the time of hearing we clarified with the complainant, who specifically submitted that the relief is claimed only against third opposite party. No defence put forward on the side of opposite parties. Claim proved. Complaint allowed. It has come to our notice in a number of cases that financiers are retaining the original Registration Certificate of the vehicle without any authority. This act has to be condemned by imposing punitive damages. 4. In the result, we order third opposite party to return the original Registration Certificate and duplicate key of vehicle No.KL-10 T/1774 along with punitive damages of Rs.5,000/- (Rupees five thousand only) to be paid to the complainant within one month from the date of receipt of copy of this order. We also order that on failure of third opposite party to return the original Registration Certificate as ordered above, third opposite party shall also be liable to pay compensation of Rs.5,000/- (Rupees five thousand only) in addition to the above sum to the complainant. We make no order as to costs. Dated this 22nd day of May, 2008. Sd/- C.S. SULEKHA BEEVI, PRESIDENT Sd/- E. AYISHAKUTTY, MEMBER APPENDIX Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Ext.A1 and A2 Ext.A1 : Vehicle Sales Invoice dated, 23-6-2004 for Rs.32,490/- from 2nd opposite party to the complainant. Ext.A2 : Customer statement as on 10-6-06 Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Nil Sd/- C.S. SULEKHA BEEVI, PRESIDENT Sd/- E. AYISHAKUTTY, MEMBER




......................C.S. SULEKHA BEEVI