Date of filing: 04.06.2018
Date of order: 28.10.2022
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE, AT VELLORE DISTRICT
PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A.,B.L. PRESIDENT
THIRU. R. ASGHAR KHAN, B.SC, B.L. MEMBER- I
SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A., MEMBER -II
FRIDAY THE 28TH DAY OF OCTOBER 2022
CONSUMER COMPLAINT NO: 11/2018
Thiru.Delhi Ganesh,
S/o.Perumal,
No.11, New Street,
Thiruvalam Post,
Katpadi Taluk,
Vellore District …Complainant
-Vs-
1. Branch Manager,
Shriram City Union Finance Limited,
No.3A/2, S.K.T. Towers 1st Floor,
Main Road, Navalpur,
Ranipet – 632 402
2. The Administrative Officer,
Shriram City Union Finance Limited,
No.123, Angappa Naikkan Street,
Chennai – 600 001 …Opposite parties
For complainant : P.Delhi Ganesh (Party in Person)
Counsel for First and second opposite parties : Thiru. K.Balaraman
ORDER
THIRU.R.ASHGAR KHAN, MEMBER - I
The complaint has been filed Under Section 12 of Consumer Protection Act, 1986. The complainant has prayed to direct the opposite parties to return the Original RC Book, loan clearance certificate. duplicate key of the complaint mentioned vehicle and to pay a sum of Rs.2,00,000/- as damages for mental agony loss, inconveniencies, deficiency in service and to pay a sum of Rs.7,275/- towards cost to this complainant.
1. The case of the complaint is briefly as follows:
The complainant availed a motor bike loan of Rs.64,200/- from opposite parties in the month of April 2016. The registration number of the motor bike is TN-23-CC-6985. The allegation of the complainant, the opposite parties issued on 09.05.2016 copy of Original RC book and on 11.09.2017 issued insurance certificate original of the motor vehicle to the complainant. The allegation of the complainant is that the time of availing car loan, the opposite parties received the original RC book for financial endorsement. But complainant repaid the entire loan amount. But the opposite parties did not return the RC Original book of the motor bike cancelling the hypothecation financial endorsement mentioned the complainant. As owner of the motor bike in original RC book. The complainant sends several letters, notices to the opposite parties to return the RC book. There was no response. It is bound and duty of the opposite parties to hand over the RC book of the motor bike to the complainant. The complainant allegation further the opposite parties did not gave him the loan clearance certificate and also not cancelled the hypothecation financial endorsement RC book not returned also the duplicate key of the bike as he paid the entire amount on 05.03.2018. The complainant has issued notice on 17.04.2018 to the opposite parties but the opposite parties did not reply or return the original RC book after receiving the notice on 20.04.2018 through RPAD. The complainant suffered mental agony, loss, deficiency in service from the opposite parties not returning documents, RC book and Loan clearance certificate with duplicate key. Hence this complaint filed.
2. The written version of opposite parties are as follows:
Per contra, the opposite parties countered that the opposite parties never received registration certificate from the complainant. The opposite parties have admitted the complainant complied with hypothecation endorsement favour of Shriram City Union Finance Limited in the registration certificate of the motor vehicle bearing number.TN-23-CC-6985. The complainant totally repaid the entire loan amount to the tune of Rs.64,200/- without any lapses of loan tenure through 24 instalments with monthly EMI of Rs.2,675/. The opposite admitted in written version that the complainant fully paid the loan on 07.03.2018 in their loan account No.RANPTTW160409009, on endorsement made 24.04.2018 loan settled in the loan account records of the opposite parties. The opposite parties submits that the complainant already paid Rs.21,000/- to Sri Krishna Motors dealer advance they should do motor bike registration of documents. As per loan agreement only finance
given by opposite parties other services to be done by Sri Krishna Motors dealer. They send representative after receiving notice on 17.04.2018 explained these things to complainant to get documents from Sri Krishna Motors dealer. The opposite parties denies all the alleged averments made in the complaint, there is no deficiency service to complainant, the complaint is liable to be dismissed with the cost of this frivolous therefore prayed that the complaint against the opposite parties are not all maintainable and the same deserves to be dismissed with cost.
3. Proof affidavit of complainant filed. Ex.A1 to Ex.A8 were marked. Proof affidavit of opposite parties filed. Ex.B1 was marked. Written argument of opposite parties filed. Oral arguments of opposite parties heard.
4. THE POINTS THAT ARISES FOR CONSIDERATION ARE:
1. Whether there is any deficiency in service on the part of the opposite
parties?
2. Whether the complainant is entitled for relief as claimed in the complaint?
3. To what relief, the complainant is entitled to?
5. POINT NOS.1 & 2: The complainant availed a vehicle loan of Rs.64,200/- from opposite parties in April 2016. The registration number of the motor bike is TN-23-CC-6985. The allegation of the complainant is that at the time of availing the loan, the opposite parties received the RC book for financial endorsement and the opposite parties only gave copy of the RC book to the complainant with hypothecation endorsement (Ex.A1). The complainant repaid the entire loan amount but the opposite parties did not return the Original RC book of the bike after cancellation of hypothecation endorsement. The complainant sends several letters to opposite party by RPAD (Ex.A4). It is bound and duty of the opposite parties to return the RC book with loan clearance certificate but there was no response from the opposite party. The complainant paid the entire loan amount (Ex.A8). The complainant is not liable to pay any amounts to opposite parties. The opposite parties illegally retained the complainant RC book and duplicate key. The opposite party also bound to issue loan clearance certificate and returned the complainant aforesaid document.
6. The opposite parties gave financial assistance to complainant. The RTO compliance done by Sri Krishna Motor dealer. Whereas in General, the RC Book will be kept in the custody of the financier as a security for the repayment of loan. In particularly, in the opposite party concern. Though they have produced RTI reply. But, they have not produced any document who has received RC book from the RTO office. Further, when the RC Book was handed over with the opposite party, how this gone to RTO office. Therefore, initially the RC Book might have received by the dealer/opposite party on behalf of the complainant. In the absence of any proof that the RC Book handed over to the complainant from the opposite party. We are not in claimed to accept the defence of opposite party that the RC Book already handed over to the complainant. When the loan amount fully paid, loan settled by complainant Ex.A8 proved it. It is condition precedent to produce the original RC book before the RTO for necessary cancellation of hypothecation financial endorsement by opposite parties. But the opposite parties did not return the RC book for reasons known to them. In the present case, the opposite parties did not return the same simply they are passed on the obligation to their dealer Sri Krishna Motor dealer which is not justifiable on the part of the opposite parties. The opposite parties they cannot retain the RC book which is legal document issued for the purpose of travelling and as security for repayment of loan. Therefore, we find that there is a deficiency in service on the part of the opposite parties . Hence these Point Nos. 1 and 2 are decided in favour of the complainant.
7. POINT NO.3: As we have decided in Point Nos. 1 and 2 that there is a deficiency in service on the part of the opposite parties. The opposite parties are hereby directed 1. to return the alternative key, 2. to issue Loan clearance certificate, 3. to return the Original RC book after clearing the hypothecation if any and to pay a sum of Rs.1,00,000/- (Rupees One Lakh only) by way of damages for deficiency in service and mental agony and also to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards cost to the complainant . Hence this Point No.3 is also answered accordingly.
8. In the result, this complaint is partly allowed. The First and Second opposite parties are jointly or severally hereby directed 1. to return the alternative key, 2. to issue Loan clearance certificate, 3. to return the Original RC book after clearing the hypothecation if any and to pay a sum of Rs.1,00,000/- (Rupees One Lakh only) by way of damages for deficiency in service and mental agony and also to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards cost to the complainant, within one month from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% per annum from the date of this order to till the date of realization.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the 28th October, 2022.
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MEMBER –I MEMBER – II PRESIDENT
LIST OF COMPLAINANT SIDE DOCUMENTS:
Ex.A1-09.05.2016 – Copy of RC Book
Ex.A2-11.09.2017 - Copy of Insurance
Ex.A3-05.03.2018 - Copy of last receipt of EMI Rs.2,800/-
Ex.A4-17.04.2018 - Copy of notice sent opposite party 1 and 2 RPAD postal receipt
Ex.A5-20.04.2018 - Acknowledgement
Ex.A6 - Copy of complainant Adhaar card
Ex.A7-11.05.2018 - Copy of complainant learning licence
Ex.A8-20.02.2018 - Copy of receipt EMI paid account details
LIST OF OPPSOITE PARTIES SIDE DOCUMENTS:
Ex.B1-25.02.2019 - RTI Certificate received from Transport office
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MEMBER –I MEMBER – II PRESIDENT
