Tamil Nadu

South Chennai

CC/248/2013

G.Boopalan - Complainant(s)

Versus

Indus Ind Bank Finance Division - Opp.Party(s)

K.S.Jeyaganesan

12 Sep 2019

ORDER

                                                                  Complaint presented on : 11.07.2013

                                                                    Date of Disposal            : 12.09.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.248/2013

DATED THIS THURSDAY THE 12^TH DAY OF SEPTEMBER 2019

                                 

Mr. G. Boopalan,

S/o. Mr. Gopal,

No.12, Pullambakkam Village,

Pullambakkam Uthiramerur Taluk,

Kanchipuram.                                                              .. Complainant.  

                                                                                            ..Versus..

 

 

The Manager,

Indus Ind Bank Consumer Finance Division,

New No.34, (Old No.115-116),

G.N. Chetty Road,

T. Nagar,

Chennai – 600 017.                                                  ..  Opposite party.

 

Counsel for the complainant     : Mr. K.S. Jeyaganeshan

Counsel for the opposite party : M/s. K. Moorthy & others

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 to return of the Original R.C. Book, Promissory Note, Blank Cheque Leaves and signed papers and to pay a sum of Rs.1,00,000/- towards compensation for mental agony and strain with cost of Rs.5,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he availed a loan for a sum of Rs.30,000/- from the opposite party for the purchase of Bajaj Platina 125 DTS – SI ES, motor cycle bearing Engine No.JKUBTG42782 and Chassis No.MD2DDJKZZTPG00032 from the M/s. MD Motors, G.S.T. Road, Chengalpattu.  The opposite party claimed interest of Rs.4,920/- and Rs.1,000/- towards documentation.   The complainant has to repay the loan amount by way of monthly instalments at the rate of Rs.1,940/- from 21.11.2010 to 21.03.2012.  The complainant also paid the last instalment on 30.04.2012.  The complainant submits that after clearing the entire loan amount, the complainant approached the opposite party for getting return of R.C. Book, Promissory Note, Blank Cheque Leaves, and signed papers etc.   But the opposite party has not returned the documents.  Hence, the complainant issued legal notice dated:28.02.2013 which was duly received by the opposite party on 02.03.2013.  But the opposite party has not sent any reply.  The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony. Hence, the complaint is filed.

2.      The brief averments in the written version filed by opposite party is as follows:

The opposite party specifically denies each and every allegations made in the complaint and put the complainant to strict proof of the same.  The opposite party states that the complainant availed loan for the purchase of the motor cycle.  The opposite party also duly financed a sum of Rs.30,000/- and interest amount of Rs.4,920/- and both complainant and the opposite party entered into a Contract by way of Agreement No.TCH04081H which is payable at 17 equated monthly instalments which starts from 21.11.2010 and ends at 21.03.2012. The opposite party states that it is a banking finance institution not retaining the Original R.C. Book or Promissory Note or signed Blank Cheque leaves etc.  The opposite party states that the complainant issued 16 duly filled up blank cheques towards EMI which was presented in the bank to get the due amount.  The opposite party do not have the practice of holding Original registration Certificate since the registration certificate for Hypothecation through RTO.  Immediately after the payment of hypothecated amount with interest, the endorsement of hypothecation will be revoked by the RTO with the consent of the financial institution.  The opposite party states that the opposite party never involved the registration process and as per the agreement, the borrower has to provide the copy of registration certificate to the bank to update vehicle details in bank lending books. The opposite party states that the complainant is not a consumer as per the Consumer Protection Act, 1986.   There is no deficiency in service on the part of the opposite party and hence, the complaint is liability to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A5 are marked.  Proof affidavit of the opposite party is filed and no document is filed on the side of the opposite party.

4.      The points for consideration is:-

1. Whether the complainant is entitled to get return of the Original R.C. Book, Promissory Note, Blank Cheque Leaves and signed papers as prayed for?
2. Whether the complainant is entitled to a sum of Rs.1,00,000/- towards compensation for mental agony and deficiency in service with cost of Rs.5,000/- as prayed for?

5.      On point:-

        Both parties filed their respective written arguments.  Heard their Counsels also. Perused the records namely; the complaint, written version, proof affidavits and documents.  The complainant pleaded and contended that he availed a loan for a sum of Rs.30,000/- from the opposite party for the purchase of Bajaj Platina 125 DTS – SI ES, motor cycle bearing Engine No.JKUBTG42782 and Chassis No.MD2DDJKZZTPG00032 from the M/s. MD Motors, G.S.T. Road, Chengalpattu.  The opposite party claimed interest of Rs.4,920/- and Rs.1,000/- towards documentation.   The complainant has to repay the loan amount by way of monthly instalments at the rate of Rs.1,940/- from 21.11.2010 to 21.03.2012.  The complainant also paid the last instalment on 30.04.2012.  But the complainant has not produced any document to prove the alleged loan except the bank statement as per Ex.A3.  The complainant produced Ex.A2, copy of the R.C. Book.  The complainant also has not taken any steps to prove the loan agreement also including deposit of vehicle documents.  Further the contention of the complainant is that after clearing the entire loan amount, the complainant approached the opposite party for getting return of R.C. Book, Promissory Note, Blank Cheque Leaves, and signed papers etc.   But the opposite party has not returned the document proves deficiency in service.  Hence, the complainant issued legal notice dated:28.02.2013 as per Ex.A4 which was duly received by the opposite party on 02.03.2013 as per Ex.A5.  But the opposite party has not sent any reply.  Hence, the complainant was constrained to file this case claiming return the original documents and compensation of Rs.1,00,000/- with cost.

6.     The learned Counsel for the opposite party contended that admittedly, the complainant availed loan for the purchase of the motor cycle.  The opposite party also duly financed a sum of Rs.30,000/- and interest amount of Rs.4,920/- and both complainant and the opposite party entered into a Contract by way of Agreement No.TCH04081H which is payable at 17 equated monthly instalments which starts from 21.11.2010 and ends at 21.03.2012.  But no document filed.   Further the contention of the opposite party is that it is a banking finance institution not retaining the Original R.C. Book or Promissory Note or signed Blank Cheque leaves etc.   But the opposite party has not produced any document to prove the surety for the loan. According to the complainant for the security purpose, the opposite party collected and retained the R.C. Book, signed blank papers, promissory note, signed blank cheques etc.   

7.     Further the contention of the opposite party is that the complainant issued 16 duly filled up blank cheques towards EMI which was presented in the bank and collected from the complainant’s bank account towards the loan amount.  The opposite party does not have the practice of holding Original registration Certificate since the registration certificate for Hypothecation through RTO.  The term hypothecation proves that the vehicle shall be handed over to the purchaser and vehicle records shall be with the custody of the financial institution.  Immediately after the payment of hypothecated amount with interest, the endorsement of hypothecation will be cancelled by the RTO with the consent of the financial institution.  Further the contention of the opposite party is that the opposite party never involved the registration process and as per the agreement, the borrower has to provide the copy of registration certificate to the bank to update vehicle details in bank lending books.  But the opposite party deliberately not filed the said agreement in order to prove the said allegations proves the deficiency in service.  Further the contention of the opposite party is that the complainant is not a consumer as per the Consumer Protection Act, 1986 and this case is filed for unlawful enrichment; is not acceptable.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall return the original R.C. Book, Promissory Note, Blank cheque leaves and signed blank papers with compensation of Rs.10,000/- for mental agony and cost of Rs.5,000/- to the complainant.

In the result, this complaint is allowed in part.  The opposite party is directed to return the Original R.C. Book, Promissory Note, Blank cheque leaves and signed blank papers and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 12^th day of September 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	27.10.2010	Copy of receipt
Ex.A2		Copy of R.C. Book
Ex.A3	17.11.2012	Copy of payment details
Ex.A4	28.02.2013	Copy of legal notice
Ex.A5		Copy of acknowledgement

 

OPPOSITE PARTY SIDE DOCUMENTS:-  NIL

 

 

MEMBER                                                                                PRESIDENT