By Jayasree Kallat, Member: The complainant had availed a loan of Rs.96000/- from opposite party on 9-12-05 for purchasing a Bajaj Autoriksha KL18 B-8476. While taking the loan there was an agreement to close the loan by 35 instalments. Complainant had entrusted the opposite party 36 signed cheque leaves of Centurian Bank, Kozhikode branch. Opposite party had paid to K.V.R. Motors only Rs.96000/- as cost of the Autoriksha. Opposite party had taken Rs.2000/- in excess from the complainant. Complainant had closed the loan within one month. On 19-1-06 opposite party had received Rs.1,04,561/- from the complainant while closing the loan. Even though complainant had closed the loan within one month opposite party had taken excess amount of Rs.6561/- from the complainant. Opposite party has not returned back the 36 cheque leaves even after closing the loan. Opposite party has acted against the agreement conditions. Opposite party has not returned back the 36 signed cheques and duplicate key. Complainant is alleging deficiency in service on the part of opposite party for not returning back 36 cheque leaves, duplicate key and excess amount collected from the complainant. Hence this petition claiming compensation and for getting back signed cheque leaves along with duplicate key. Opposite party has filed a version denying the averments raised in the complaint except those that are specifically admitted. Opposite party denied the fact that they have retained the cheques of the complainant. Opposite party has not retained the key of the vehicle also. Complainant is not entitled for any compensation. Opposite party is not liable to pay any amount as there is no deficiency of service on the part of opposite party. Opposite party prays to dismiss the complaint with compensatory cost to the opposite party. The only point for consideration is whether the complainant is entitled for any relief sought in the petition? Complainant was examined as PW1 and Exts.A1 to A7 were marked on complainant’s side. RW1 was examined on opposite party’s side. The case of the complainant is that he had availed a loan of Rs.96000/- from the opposite party on 9-12-05. Opposite party had taken Rs.98000/- from the complainant. While taking the loan there was an agreement to repay within 35 monthly instalments. As security towards the loan opposite party had retained 36 cheque leaves of the complainant along with duplicate key of the vehicle while giving the loan. Complainant had remitted the first instalment of Rs.3620/- on 11-1-06. Within one month of availing the loan on 19-1-06 complainant had paid Rs.1,00,941/-. According to the complainant he had paid a total amount of Rs.104561/- while closing the loan account. Even though complainant had closed the loan within one month, even after closing the loan according to the complainant opposite party has retained the cheques and duplicate key. Complainant approached the opposite party several times to get back the cheques and duplicate key and had even sent lawyer notice. But the opposite party was negligent and did not take any steps to comply the needs of the complainant. The complainant also has definite case that opposite party had taken excess amount from him. From the evidence and the documents filed it has been come out that complainant had closed the account within one month of availing the loan. Opposite party has taken the stand that they have returned the cheques via Express I T Courier to the complainant. But complainant’s case is that he has not received the cheques. There is no concrete proof to show that complainant has received the returned cheques. Even though the complainant had paid excess amount to the opposite party did not care to return back the cheque leaves and the duplicate key which caused many hardships to the complainant. When the complainant repeatedly asked the opposite party to return back the excess amount collected from him opposite party did not respond in any way or did not explained how they have collected the excess amount. The Forum is of the opinion that the complainant had suffered because of the negligent act of opposite party. Hence the complainant is entitled to get back the 36 cheque leaves and duplicate key retained by the opposite party. If the opposite party fails to return the cheque leaves and the duplicate key opposite party has to give an undertaking to the complainant for any of the mishaps in future regarding the above mentioned 36 cheque leaves and duplicate key being misused. In the result the petition is allowed and the opposite party is directed to return back the 36 cheque leaves and duplicate key to the complainant or to give an undertaking for the responsibility of any misuse of the above mentioned cheque leaves and duplicate key. Opposite party is also directed to pay a compensation of Rs.5000/- and a cost of Rs.1000/- to the complainant within one month from the date of receipt of copy of this order. Pronounced in the open court this the 17th day of December 2009. Sd/- Sd/- PRESIDENT MEMBER APPENDIX Documents exhibited for the complainant. A1. Invoice of K.V.R. Motors. A2. Repayment schedule of ICICI Bank A3. Copy of Lawyer notice dt. 9-5-08 A4. No Objection Certificate given by ICICI Bank to the R.T.O. A5. No Objection Certificate given by ICICI Bank to the R.T.O A6. Form-35 for the termination clearance certificate. A7. Payment receipts ( 2 in Nos.) Documents exhibited for the opposite party. Nil Witness examined for the complainant. PW1. Viswanathan.P.P. (Complainant) Witness examined for the opposite party. RW1.Prejith Gopal, Manager of Opposite party. Sd/- President // True copy // (Forwarded/By order) SENIOR SUPERINTENDENT.
......................G Yadunadhan
......................Jayasree Kallat
......................L Jyothikumar | | 
