DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

Civil Station, Palakkad – 678001, Kerala

Dated this the 20^th day of August, 2010

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

CC.No.146/2008

M.P.Manomohan,

S/o.C.Viswanathan,

Viswa Vihar,

Vadassery Post,

Palakkad – 678641 - Complainant

(By Adv.Ambika)

Vs

IndusInd Bank Pvt Ltd.,

8/1251, N.H Bye Pass Junction,

Chandranagar,

Palakkad. - Opposite party

(By Adv.C.V.Sureshkumar)

O R D E R

By Smt.Seena.H, President

Case of the complainant is as follows:

Complainant had availed a vehicle loan from the opposite party for the purchase of the vehicle No.KL9 P8065. The vehicle was hypothecated to the opposite party by pledging the original Registration Certificate and the duplicate key of the said vehicle. The complainant had paid the full amount and the loan was closed on 4.12.07. Inspite of repeated requests and personal contacts the opposite party did not return back the original Registration Certificate and duplicate key of the vehicle. The complainant preferred to send a lawyer notice to the opposite party on 23.10.08. But opposite party has not replied. The complainant had suffered lot of mental agony and physical strain due to the negligent attitude of the opposite party. The complainant could not sell his vehicle as the original Registration Certificate is with the opposite party. Hence the complaint praying to direct the opposite party to pay Rs.20,000/- with interest @ 15% per annum to the complainant.

Opposite party filed version contending the following. Opposite party admitted that the complainant had availed a vehicle loan by pledging the Registration Certificate and duplicate key of the vehicle and the loan has been closed on 4.12.2007. Opposite party denied the say of the complainant that he made repeated requests and contacted personally for the original Registration Certificate and duplicate key and the same was not returned by the opposite party. Opposite party contented that during the period of hypothecation the vehicle met with an accident. For submitting the insurance claim, the opposite party returned the original Registration Certificate to the complainant before closure of the loan. After that the complainant did not return the original Registration Certificate to the opposite party. Opposite party is not responsible for loss of original Registration Certificate. Further opposite party contented that the complainant has not suffered any mental agony and hence not entitled for compensation. Complaint is filed only on an experimental basis and lacks bonafides and truth. Opposite party prayed to accept their contention and to dismiss the complaint with compensatory cost.

Both parties filed their respective affidavits. Exts.A1 and A2 series marked on the side of complainant. Exts.B1 and B2 marked on the side of opposite party. Shri.T.Radhakrishnan was examined as DW1.

Issues for consideration are;

1. Whether there is any deficiency in service on the part of opposite party?

2. If so, what is the relief and cost?

Issues 1 & 2:

It is seen that opposite party has admitted availing loan from opposite party and hypothecation of the vehicle with opposite party, the receipt of original Registration Certificate and duplicate key at the time of hypothecation and closure of the entire loan

amount. The only dispute raised by the opposite party is that the original Registration Certificate and duplicate key was returned to the complainant before closure of the loan amount. It is stated that the said vehicle met with an accident during the period and for claiming insurance amount the said document was handed over to the complainant. After that complainant has not returned the same to the opposite party.

Going through the entire evidence on record, it is seen that the only evidence adduced by the opposite party to prove the above contention is Ext.B1 and B2 and the deposition of DW1, who is the Manager of the Insurance Company, where the complainant has preferred a claim.

In Ext.B1 photocopy of Registration Certificate it is written as original verified and the same is initialed by somebody. DW1 has deposed that it is signed by one of the staff. No designation of the staff is seen. Further DW1 has deposed to the effect that he does not know who has produced the original Registration Certificate book for verification.

Further opposite party has admitted receipt of original Registration Certificate and duplicate key from the complainant, but has not adduced any documentary evidence for return of the said document and key. It is unbelievable that the opposite party has returned the same without any proper acknowledgement.

Considering the facts and entire evidence on record, we are of the view that non return of original Registration Certificate and duplicate key even after closure of the loan amount to clear deficiency in service on the part of opposite party. As the deficiency in service on the part of opposite party has been established, complainant is entitled for a reasonable amount as compensation.

In the result, complaint allowed and we order the following;

1. Opposite party is directed to return the original Registration Certificate along with duplicate key to the complainant within one month from the date of receipt of order.

2. Opposite party shall pay an amount of Rs.10,000/- (Rupees Ten thousand only) as compensation to the complainant.

3. On default of return of the original Registration Certificate and duplicate key within the stipulated period, opposite party shall pay an additional amount of Rs.5,000/- (Rupees Five thousand only) to complainant.

4. The order shall be complied within one month from the date of receipt of the order failing which the whole amount shall carry interest @ 9% p.a from the date of order till realisation.

Pronounced in the open court on this the 20^th day of August, 2010.

Sd/-

Seena.H,

President

Sd/-

Preetha.G.Nair,

Member

Sd/-

Bhanumathi.A.K,

Member

Appendix

Date of filing: 24/12/2008

Witnesses examined on the side of complainant

Nil

Witnesses examined on the side of opposite party

DW1: Shri.T.Radhakrishnan

Exhibits marked on the side of complainant

Ext.A1 – Statement of Account as on 28/7/2008

Ext.A2 (Series) – Copy of lawyer notice, postal receipt and acknowledgement etc.

Exhibits marked on the side of opposite party

Ext.B1 – Photocopy of Registration Certificate

Ext.B2 – Photocopy of claim form submitted by complainant to National Insurance Co. Ltd.

Cost (Not allowed)