SMT. C. LATHIKA BHAI (MEMBER):<br /> <br /> The complainant has filed this complaint against the opposite parties for getting a relief from the Forum.<br /> <br /> The complainant’s case is that the complainant has availed a loan from the opposite parties for purchasing a motor cycle-TVS Victor. The cost of the motor cycle is Rs.41,110/-. At the time of allowing the loan, the opposite parties have obtained 27 cheques for Rs.1,331/- each for the realisation of the monthly instalment and two other cheques for Rs.2,330/- for the payment of insurance premium. At the time of purchasing the vehicle, the complainant has made cash payment of Rs.11,443/- being the difference of the price of the vehicle and the loan amount. The opposite parties as the financier kept the R.C. book, one key and other documents of the vehicle as the security for the loan. As per the loan agreement, the opposite parties has to return the R.C. book, key and other papers to the complainant within 15 days from the date of closure of the loan. The date of closure of the loan was 28.2.2007 as per the agreement. <br /> <br /> On 28.2.2007, the complainant remitted the whole amount and demanded the key and documents. But the opposite parties did not return them. It is also alleged that the complainant was compelled to remit more money than the actual loan amount and he was also compelled to take insurance premium as the opposite party has not took the policy. Even after this, the opposite parties did not return the key and the documents and now they are demanding more money for the return of the key and documents. The non-delivery of the key and documents after receiving the loan amount and other excess charges by the opposite parties are deficiency of service. Hence, this complaint seeking an order from the Forum for directing the opposite parties to return the key and other documents for realising compensation and costs.<br /> <br /> The opposite parties have not appeared or filed their version. Hence, they were declared exparte and they remained exparte throughout the trial.<br /> <br /> The points to be considered:<br /> (1)Whether the complaint is maintainable before the Forum?<br /> (2)Whether the complainant is entitled to get any relief as sought for in the<br /> complaint?<br /> (3)Compensation and Costs?<br /> <br /> The evidence in this case consists of the oral evidence of the complainant who has been examined as PW1. Exts.A1 to A7 were marked on the basis of the proof affidavit filed by him.<br /> <br /> Points 1 to 3: The Forum has jurisdiction to entertain this case as the dispute is a consumer disputes and the complainant is a consumer and this complaint is maintainable before this Forum.<br /> <br /> On the basis of the proof affidavit filed by the complainant, the complainant has been examined as PW1 and Exts.A1 to A7 were marked. PW1 deposed that for purchasing a motor cycle, he had availed a loan from the opposite parties and he had paid the whole loan amount and after that he demanded for getting the key and documents of the vehicle, but the opposite parties did not given. For the payment of loan amount, PW1 has produced the Post Office pass book No.120320 and is marked as Ext.A1. The copies of D.Ds. (4 in number) for the payment produced is marked as Ext.A2 to A2(c) series. Receipts (4 in number) issued by the opposite parties have been produced is marked as Exts.A3 to A3(c) series. The invoice (bill) for the purchase of the vehicle produced is marked as Ext.A4. The copy of R.C. book produced is marked as Ext.A5. The extract of statement of accounts of complainant’s loan account issued by the opposite parties produced is marked as Ext.A6. Insurance policy certificate produced is marked as Ext.A7. PW1 prays for allowing the complaint.<br /> <br /> The opposite parties did not cross-examine PW1.<br /> <br /> The documents marked from the side of the complainant, Ext.A1 is the complainant’s Post Office pass book. As per the entries in Ext.A1 pass book, 16 instalments were paid through Ext.A1. Ext.A2 series are the copies of Demand Drafts in favour of opposite parties. As per Demand Drafts, complainant has paid Rs.9,263/- to the opposite parties. Ext.A3 series are the receipt issued by the opposite parties for the acceptance of payment. Ext.A4 is the invoice for the purchase of the motorcycle issued by M.H. Motors, Pandalam. Ext.A5 is the photocopy of registration certificate and Ext.A6 is the statement of account of the complainant as on 14.7.2007 issued by the opposite parties. Ext.A7 is the insurance policy certificate of the complainant’s vehicle. <br /> <br /> Considering the complainant’s case, the complainant has availed a loan from the opposite parties for purchasing a motorcycle. The documents and one key are with the opposite parties. The condition of the agreement is that, after the remittance of whole amount, the documents and key will be returned to the complainant within 15 days. According to the complainant, he had paid whole amount and also paid certain other amounts as demanded by the opposite parties and after that he demanded to return the documents and key several time, but the opposite parties did not turned up. On a perusal of Ext.A6 statement of accounts of the complainant, the first instalment was due on 10.9.2004. But the amount seen received only on 10.10.2004. For the delay in the payment, opposite parties had debited an amount of Rs.39-38 an over due interest. On going through Ext.A6, the complainant was not made regular payments, the cheques were bounced and accrued over due interest for delayed payments. As per Ext.A6 statement, the total receivable EMI is Rs.39,930/-. The total amount received from the complainant is seen as Rs.39,876/-. The over due EMI is Rs.54/-. The cheque bounced charge is Rs.1,531/-. Over due interest for delayed payment is Rs.3,519-39.<br /> <br /> The complainant has produced documents only for the payment of Rs.30,659/-. As per the entries in Exts.A1 and A2 series, opposite parties admitted that they had received Rs.39,876/- from the complainant. The complainant has not produced any evidence for the payment of over due interest or cheque bounced charges or other payment. The complainant is liable to pay these charges and interest. In Ext.A6, there is no entry for the payment of the insurance premium or the complainant has not produced any document for proving the payment to the opposite parties. The complainant has not produced sufficient documents for the payment of the availed loan and its dues to the opposite parties. The non-payment of the dues as per Ext.A6, we don’t find any deficiency of service from the part of the opposite parties in the non-delivery of key and documents. Therefore, the complainant failed to prove the deficiency of service from the part of the opposite parties and complainant is not entitled to get any relief as sought for in the complaint. Hence the complaint is liable to be dismissed.<br /> <br /> In the result, this C.C. is dismissed. No costs.<br /> <br /> Declared in the Open Forum on this the 2nd day of June, 2008.<br /> <br /> <br /> C. Lathika Bhai,<br /> (Member)<br /> <br /> Sri. Jacob Stephen (President) :<br /> <br /> Sri. N. Premkumar (Member) :<br /> <br /> Appendix:<br /> Witness examined on the side of the complainant:<br /> PW1 : Binu Baby<br /> Exhibits marked on the side of the complainant:<br /> A1 : Post Office Savings Account Pass Book.<br /> A2 : Photocopy of the demand draft dated 14.2.2007 for Rs.2,662/-.<br /> A2(a) : Photocopy of the demand draft dated 22.5.2007 for Rs.1,275/-<br /> A2(b) : Photocopy of the demand draft dated 23.8.2006 for Rs.3,993/-.<br /> A2(c) : Photocopy of the demand draft dated 16.5.2005 for Rs.1,333/-.<br /> A3 : Receipt dated 27.12.2004 for Rs.1,700/- issued by TVS Finance and Service<br /> Limited, Chennai.<br /> A3(a) : Receipt dated 22.5.2007 for Rs.1,275/- issued by TVS Finance and Service<br /> Limited, Chennai.<br /> A3(b) : Receipt dated 23.8.2006 for Rs.3,993/- issued by TVS Finance and Service<br /> Limited, Chennai.<br /> A3(c) : Receipt dated 25.2.2007 for Rs.2,662/- issued by TVS Finance and Service<br /> Limited, Chennai.<br /> A4 : Cabon copy of invoice for Rs.41,110/- issued by M.H. Motors, Pandalam.<br /> A5 : Photocopy of Form No.23 (Certificate of Registration).<br /> A6 : Photocopy of Statement of Accounts as on 14.7.2007.<br /> A7 : Policy Certificate.<br /> Witness examined on the side of the opposite parties : Nil.<br /> Exhibits marked on the side of the opposite parties : Nil.<br /> <br /> <br />