IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 20th day of December, 2011.
Present : Sri. Jacob Stephen (President).
Sri. N. Premkumar (Member)
C.C.No.156/2011 (Filed on 27.06.2011)
Between:
Mini Thomas, aged 40 years,
Kuttickal House,
Vattukunnu, Vechoochira P.O. … Complainant.
And:
1. Manager,
Indus Ind Bank,
Pathanamthitta Branch.
2. Manager,
Indus Ind Bank,
Ernakulam, Shalon Towers,
34138D, Bypass North End,
Edappally, Kochi – 682 024.
3. Managing Director,
Indus Ind Bank Ltd.,
Corporate Office, 8th Floor,
Tower 1, One Indiabulls Centre 841,
SB Marg, Elphinstone Road,
Mumbai – 400 013.
(By Adv. Soni. P. Bhaskar) … Opposite parties.
O R D E R
Sri. N. Premkumar (Member):
Complainant filed this complaint against the opposite parties for getting a relief from the Forum.
2. Facts of the case in brief is as follows: Opposite parties is Financial Institution providing loans and their headquarters is at Mumbai. The 3rd opposite party is the Managing Director and 1st opposite party is the branch office. For purchasing a Honda Activa Scooter, the complainant availed a loan of ` 34,000 from 1st opposite party on executing an agreement on 23.02.2008, agreeing to repay the loan amount by 23 instalments. The price of the active scooter is ` 49,000. Complainant paid ` 15,000 by cash to 1st opposite party. For registration and tax etc. complainant paid an additional amount of ` 4,000 to 1st opposite party.
3. At the time of availing the loan, 23 signed blank cheque, original R.C. Book and duplicate key of the scooter were given to the 1st opposite party agreeing to return the same on completion of the payment of loan amount. The vehicle was registered with the Regional Transport Authority, Pathanamthitta by Reg.No.KL.3Q/9133.
4. Complainant paid all the instalments as agreed on payment of entire loan amount opposite parties issued no objection certificate to complainant. But did not return the cheque leaves, key and R.C. Book. Hence this complaint for getting the same, with a compensation of ` 10,000.
5. Opposite parties entered appearance and filed version stating that complaint is not maintainable either in law or on facts. According to them, the R.C. Book and the spare key was already handed over to the brother of the complainant on 08.07.2010 along with the no objection certificate. Therefore the contention raised by the complainant is not sustained. The said matter was directly intimated to the complainant on several occasions and hence this complaint lacks bonafides and devoid of merit. Hence they canvassed for the dismissal of the complaint with their cost.
6. From the above pleadings, following points are raised for consideration:
(1) Whether the complaint is maintainable before the Forum?
(2) Whether the reliefs sought for in the complaint are allowable?
(3) Reliefs & Costs?
7. Evidence of the complaint consists of the oral deposition of PW1 and marked as Exts.A1 to A4 and Ext.B1. After the closure of evidence, both parties were heard.
8. Point Nos.1 to 3:- In order to prove the complainant’s case, complainant’s power of attorney holder was examined as PW1 and the documents produced were marked as Exts.A1 to A4 series. Ext.A1 is the power of attorney executed by the complainant. Ext.A2 is the statement of account of complainant issued from Central Bank of India, Vechoochira Branch. Ext.A3 is the copy of no objection certificate issued by opposite parties. Ext.A4 is the copy of advocate notice issued to opposite parties. Ext.A4(a), A4(a) (i) and A4(a) (ii) are the postal receipts of Ext.A4. Ext.A4(b), A4(b) (i), B4(b) (ii) are the acknowledgment cards of Ext.A4.
9. In order to prove the opposite parties contention, they produced one document which is marked as Ext.B1. Ext.B1 is the copy of day book page No.36 & 37.
10. On the basis of the contention and averment of the parties, we have perused the entire material on record. Complainant’s case is that opposite parties did not hand over the original R.C. Book and duplicate key along with no objection certificate, even though she cleared the entire loan outstanding. Opposite parties contention is that they already handed over the R.C. Book and space key along with the no objection certificate to the brother of complainant.
11. It is seen that there is no dispute regarding the vehicle loan, repayment and the acceptance of no objection certificate. The only dispute is that opposite parties failed to handover the R.C Book and spare key. Ext.A2 shows that complainant remitted the entire dues of the vehicle loan. Ext.A3 shows that opposite parties issued no objection certificate.
12. According to opposite parties, they handed over the R.C. Book and spare key along with no objection certificate on 08.07.2010 to the brother of complainant. For that they produced Ext.B1. But on a perusal of Ext.A3 it is learned that the same has issued on 23.06. The said two dates as stated in Ext.A3 and Ext.B1 is in compactable with the claim of opposite parties. Moreover opposite parties failed to produce the authorizing letter if any to prove that complainant has entrusted his brother to collect the key and R.C. Book. Ext.A4 shows that complainant issued lawyers notice to opposite parties. Ext.A4(a) series and Ext.A4(b) series shows that opposite parties received the notice. But opposite parties has not responded so far. What prevented them to respond Ext.A4?
13. It is also pertinent to note that opposite parties failed either to disprove the complainant’s case or to prove their own contention. From the overall fact and circumstances and the available evidence on record, we come to the conclusion that opposite parties did not handover the spare key and R.C. Book along with no objection certificate. The non return of the said things is unfair, unethical, illegal, malafide and against all the cannons of consumer justice. It is not only a clear deficiency of service but also a breach of contract as reposed by the complainant. Therefore complaint is maintainable before this Forum and allowable with compensation. Since no prayer for cost same has not been allowed.
14. In the result, complaint is allowed thereby opposite parties are directed to return the original R.C. Book and spare key with a compensation of ` 3,000 (Rupees Three Thousand only) within 30 days from the date of receipt of this order, failing which complainant is allowed to realize ` 10,000 (Rupees Ten Thousand only) with 8% interest from this date, till the realization of the whole amount.
Declared in the Open Forum on this the 20th day of December, 2011.
(Sd/-)
N. Premkumar,
(Member)
Sri. Jacob Stephen (President) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : Koshy Thomas.
Exhibits marked on the side of the complainant:
A1 : Special Power of Attorney dated 16.09.2011 executed by the
complainant in favour of Thomas.
A2 : Photocopy of the statement of accounts of complainant issued
from Central Bank of India, Vechoochira Branch.
A3 : Photocopy of the no objection certificate dated 23.06.2010 issued
by the opposite parties.
A4 : Photocopy of the Advocate Notice dated 03.05.2011 issued by the
complainant to the opposite parties.
A4(a), A4(a)i & A4(a)ii : Postal receipts.
A4(b), A4(b)i & A4(b)ii: Postal acknowledgment cards.
Witness examined on the side of the opposite parties: Nil.
Exhibits marked on the side of the opposite parties:
B1 : Photocopy of day book page Nos. 36 & 37.
(By Order)
(Sd/-)
Senior Superintendent
Copy to: (1) Mini Thomas, Kuttickal House, Vattukunnu, Vechoochira P.O. (2) Manager,Indus Ind Bank, Pathanamthitta Branch.
(3) Manager, Indus Ind Bank, Ernakulam, Shalon Towers,
34138D, Bypass North End, Edappally, Kochi – 682 024.
(4) Managing Director, Indus Ind Bank Ltd., Corporate Office, 8th
Floor, Tower 1, One Indiabulls Centre 841, SB Marg, Elphinstone
Road, Mumbai – 400 013.
(5) The stock file.
