KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL  NO: 681/2010

 JUDGMENT DATED:  04-01-2011

PRESENT

JUSTICE SHRI. K.R. UDAYABHANU                :  PRESIDENT

SHRI. S. CHANDRAMOHAN NAIR                     : MEMBER

1.         M/s Shriram City Union Finance Ltd.,

#221, Royapettah High Road, Mylapore,

Chennai – 600 004.

                                                                        : APPELLANTS

2.         M/s Shriram City Union Finance Ltd.,

39/3500, Manikketh Cross Road,

Ravipuram, Kochi.

(By Adv. Sri.V.S. Sunil Kumar & T.L.Sreeram)

            Vs.

K.N. Ramakrishnan,

Kunnirickal House, Thrikkariyoor.P.O,: RESPONDENT

Kothamangalam.

JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:  PRESIDENT

The appellants are the opposite parties in CC.74/2010 in the file of CDRF, Ernakulam.  The appellants are under orders to issue no objection certificate regarding the deletion of hypothecation noted in the RC and also to return the RC, duplicate key and other documents provided, complainant pays Rs.6348/- as dues to the opposite party.

2. The matter is with respect to the alleged refusal on the part of the appellants in issuing the loan termination letter and return of the RC book, duplicate key and other documents.

3. The opposite parties have contended that an amount of Rs.29,000/- and odd is due.  The opposite parties have denied the receipt of RC book, duplicate key etc.

4. The evidence adduced consisted of Exts.A1 to A3 only.

5. The Forum relying on the receipts and bank statements produced by the complainant has held that the balance to be paid would work out to Rs.6348/-.  There is no finding as such as to the alleged denial of the opposite parties with respect to the receipt of RC book, duplicate key, etc.  We find that there is lapse on the part of the opposite parties in not producing the relevant documents including the agreement etc.  All the same in the order to return the RC book and duplicate key is not mentioned as to the penalty for non compliance in case the above documents are not in the custody of the opposite parties.  In the circumstances we find that a finding of the above part of contention of the opposite parties and the complainant is called for.  The order of the Forum with respect to the balance amount due to the opposite parties is confirmed.  All the same the direction to return the RC book, duplicate copy etc is liable to be reconsidered.  In the circumstances the above part of the order is set aside on condition that the appellants/opposite parties pay a sum of Rs.7500/- to the complainant or deposit the same before the Forum which can be withdrawn by the complainant.  On payment of cost, the Forum will permit both sides to adduce evidence with respect to the above contentions and dispose of the matter on merits.  The case stands posted before the Forum on 19/3/2011.

Office will forward copy of this order to the Forum urgently.

JUSTICE K.R. UDAYABHANU:  PRESIDENT

S. CHANDRAMOHAN NAIR: MEMBER

VL.