DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD Dated this the 10th day of August 2009.
Present : Smt. H. Seena, President
: Smt. Preetha.G. Nair (Member) : Smt. Bhanumathi.A.K. (Member) C.C.No.95/2008
Sowriar S/o. Devanesan Muthu pandithakarar Veedu Ramandichalla Parassikkal (P.O) Vadakarappathy Village Chittur Taluk Palakkad. (Adv. B. Ravikumar) - Complainant
V/s Centurian Bank Ltd Rep. By its Bank Manager Thrissur Branch Shornur Road Thrissur - Opposite Party (K. Sunilkumar & Adv.Kamalchand.B) O R D E R By Smt. H. Seena, President 1. Brief facts leading to the complaint is as follows:
Complainant purchased one T.V.S. Centra Motor Cycle from the T V S Showroom at Chittur in the year 2004. Finance was arranged by the Opposite party. Complainant paid an amount of Rs.13,000/- directly and rest of the amount was paid by the opposite party from the loan sanctioned. The original bills, Registration C ertificate book, Tax paid receipt, Insurance policy etc was kept by the opposite party since the vehicle was under hire purchase agreement. Several signed undated cheque leaves of the complainant were also obtained by the opposite party. Complainant was prompt in the payment of the monthly instalments. After paying the whole amount, loan was closed on 31/02/2007. Complainant asked for return of registration certificate, original bills, spare key, insurance policy of the vehicle etc. But opposite party sought time for processing closure of the loan. Repeated demands for the return of the documents by the complainant turned futile. Finally - 2 - complainant caused a lawyer notice dated 11/04/2008 to the opposite party demanding return of the original Registeration Certificate book and the spare key to the complainant. Opposite party neither returned the same nor sent any reply. This is a clear case of deficiency in service on the part of Opposite party.
2. Earlier opposite party was set exparte. Exparte order was set asided as per order in IA 156/2008 and version was taken on file.
3. The contentions put forward by Opposite party is as follows: Opposite party admits the fact that loan account was closed. But the say of the complainant that Registeration Certificate Book and spare key is in the possession of Opposite party is not correct. To the information of the opposite party, complainant has not bought the same from the T V S Agency. Complainant has not impleaded T V S Agency, who is a necessary party in this case. According to Opposite party there is no deficiency in service on the part of opposite party and complaint is liable to be dismissed.
4. Complainant filed proof affidavit. Exhibit A1 to A8 marked. At the stage of hearing opposite party filed Interim Application for reopening evidence for filing affidavit. Even though Interim Application was allowed on terms, no affidavit was filed by the opposite party.
5. Now the issues for consideration are: 1. Whether there is any deficiency in service on the part of Opposite party? 2. If so, what is the reliefs and cost?
Point 1 The definite case of the complainant is that opposite party has not returned the Registeration Certificate book and spare key after closure of the loan account. Opposite party admits the fact that loan account was closed but denies the fact that they are in possession of Registeration Certificate book and spare key of the vehicle of the complainant. - 3 - There is no dispute as to the closure of the loan account. The only question to be decided is whether the original Registeration Certificate book and spare key of the vehicle of the complainant is with the opposite party. Going through Exhibit A7, lawyer notice dated 11/04/2008, complainant has specifically requested opposite party for return of the same. Opposite party has not replied for the lawyer notice. Moreover it is the usual practice of the financial institutions to keep the spare key, blank cheques and other documents of the vehicle till the closure of the account. Opposite party has not filed any affidavit or adduced any evidence in support of their contentions. Office records showing the documents entrusted with the opposite party at the time of availing loan is also not produced before the forum.
IN the absence of any evidence to the contrary, we are of the view that the deliberate act of non delivery of the Registeration Certificate book and spare key of the complainants vehicle amounts to deficiency in service on the part of opposite party.
Point 2 As deficiency in service on the part of the opposite party is established, complainant is entitled for compensation. Loan account is seen to be closed on 31/12/2007 itself. We are of the view that an amount of Rs.5000/- as compensation will meet the ends of justice.
In the result, complaint allowed. Opposite party directed to return the original RC book and spare key to the complainant together with a compensation of Rs.5,000/- and cost of Rs.1,000/-. Order to be complied within one month from the date of receipt of order failing which the whole amount shall carry interest at the rate of 9% per annum.
Pronounced in the open court on this the 10th day of August , 2009
PRESIDENT (SD)
MEMBER (SD)
MEMBER (SD) - 4 - APPENDIX Witness examined on the side of Complainant Nil Witness examined on the side of Opposite party Nil Exhibits marked on the side of the complainant Ext. A1 – Payment receipt dated 13/03/06 Ext. A2 – Payment receipt dated 25/03/06
3. Ext. A3 – Payment receipt dated 08/04/06 4. Ext. A4 – Payment receipt dated 29/05/06 5. Ext. A5 – Payment receipt dated 25/08/06 6. Ext. A6 – Payment receipt dated 31/12/07 7. Ext. A7 – Lawyer notice dated 11/04/08 8. Ext. A8 – Letter from Sr. Superintendent of Posts, Palakkad Division dated 24/07/08
Exhibits marked on the side of the Opposite Party Nil Forums Exhibits
Nil
Costs Allowed. (Rs. One thousand only)
Forwarded/By Order
Senior Superintendent
Date of fair copy: 24/08/2009
Date of despatch :
......................Smt.Bhanumathi.A.K
......................Smt.Preetha.G.Nair
......................Smt.Seena.H | | 
