BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Date of filing : 08/12/2009

Date of Order : 21/01/2012

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 637/2009

Between

And

O R D E R

A. Rajesh, President.

1. The undisputed facts of the complainant's case are as follows :

The complainant had availed a vehicle loan of Rs. 2 lakhs from the 1^st opposite party in December 2000. The car has been registered as KL-7/AC-768. As per the agreement, the complainant was liable to repay the loan amount together with interest in 24 monthly instalments starting from December 2000. Accordingly, 24 dated cheques for each month were taken from the complainant in advance at the time of agreement which amounts to Rs. 9,450/- each. Out of the above 24 cheques, 8 cheques got dishonoured for non-availability of funds in the bank. The complainant paid the above amount by demand draft totalling to Rs. 1,03,950/-. On 20-10-2003, the complainant issued a letter to the 1^st opposite party to issue a discharge certificate and surrender the duplicate key to sell the car, but there was no response. Again on 30-04-2006, the complainant issued another letter reiterated the same demand. Since there was no response, the complainant caused to issue a lawyer notice on 28-08-2009, however, then again there was no response. Due to the above conduct of the opposite parties, the complainant could not sell the vehicle and the price of the vehicle has been deteriorated. Thus, the complainant is before us seeking the following reliefs :

1. To direct the opposite parties to cancel the hypothecation noted in the registration certificate and to issue a letter to that effect and also to hand over the duplicate key of the vehicle.

2. To pay a total compensation of Rs. 1, 95,000/- to the complainant.

2. The additional opposite parties 2 to 9 were impleaded in the party array as per order in I.A. No. 249/2010 dated 14-05-2010. In spite of service of notice from this Forum, the opposite parties did not respond to for their own reasons. The complainant was examined as PW1 and Exts. A1 to A4 were marked on her side and the counsel for the complainant filed argument notes. Heard the counsel for the complainant.

3. The points that arose for consideration are as follows : -

1. Whether the complainant is entitled to get the hypothecation released from the R.C. Book and to get the duplicate key of the vehicle back from the opposite parties?

2. Whether the complainant is entitled to get a compensation of Rs. 1,95,000/- from the opposite parties?

4. Point No. i. :- Ext. A1 goes to show that the complainant is the registered owner of the vehicle bearing Registration No. KL-7/AC-768. According to the complainant, she availed the loan of Rs. 2 lakhs from the 1^st opposite party and repaid the amount fully. After the full payment, the complainant issued Ext. A3 letter dated 30-08-2006 and Ext. A4 letter dated 28-08-2009 to get the hypothecation released and to get the spare key with the 1^st opposite party. Though the 1^st opposite party received the above letters, they have opted to keep mum for their own reasons which have not been presented before the Forum. The above conduct of the 1^st opposite party itself amounts to deficiency in service on the part of the opposite parties. The absence of the opposite parties in this Forum as well speaks volumes. In the absence of any evidence to the contrary, we are of the considered opinion that the opposite party is liable to issue the necessary documents to remove the hypothecation noted in the registration certificate of the vehicle and also liable to hand over the spare key of the vehicle in which they have failed.

5. Point No. ii. :- In spite of service of notice, the opposite parties took a lackadaisical attitude towards a consumer which calls for compensation. Moreover, the complainant had to run from pillar to post to get her grievances redressed, but in vain which has put her to undue stress and strain. Finally, she knocks at the doors of this Forum for the redressal of her grievances. By the time, much water has flown under the bridge. Naturally, the complainant has had to suffer lot of inconveniences, mental agony and financial loss due to the above conduct of the opposite parties for which the opposite parties are not ready to answer. We are of the firm opinion that a compensation of Rs. 50,000/- is enough to abate the agony of the complainant.

6. In the result, we partly allow the complaint and direct as follows :

1. The opposite parties shall jointly and severally issue the necessary documents to relieve the liability of the complainant noted in the registration certificate of the hypothecation.

2. The opposite parties shall jointly and severally hand over the spare key of the vehicle to the complainant.

3. The opposite parties shall jointly and severally pay a compensation of Rs. 50,000/- (Rupees Fifty thousand only) to the complainant for the reasons stated above.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order, failing which the above amount shall carry interest at the rate of 12% p.a. till realisation.

Pronounced in open Forum on this the 21^st day of January 2012.

Sd/- A. Rajesh, President.

Sd/- Paul Gomez, Member.

Sd/- C.K. Lekhamma, Member.

Forwarded/By Order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

=========