Date of filing : 30-08-2010
Date of order : 17-02-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC. 186/2010
Dated this, the 17th day of February 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
Abdul Kareem.
S/o.Muhammad, Kalluvalappil House, } Complainant
Bekal Kunnil, Po.Pallikkara, Kasaragod.Dt.
(Adv. Rajednrakumar.K.V, Hosdurg)
1.Kamal Finance, Kandappa Mudali Street, } Opposite parties
Sowcarpet, Chennai. 600079.
(Exparte)
2. Standard Auto Deals, Central Market Complex,
Upstairs of Madona Gas Agencies, Kanhangad.
Kasaragod.Dt.
(Exparte)
O R D E R
SRI.K.T.SIDHIQ, PRESIDENT
The facts of the complaint that are necessary to settle this consumer dispute is as follows:-
Complainant availed a loan of `85,000/- from opposite party No.1 through opposite party No.2 who is the agent of opposite party No.1 with a stipulation to repay `1,27,000/-. He repaid `97600/- towards the loan. In the meanwhile some instalments became due and therefore opposite party No.2 asked the original RC of the vehicle on the pretext of producing the same before the RTO. At that time the loan due was `29400/-. But the RC was nor he could renew returned back to complainant inspite of repeated demands. Hence the complainant could neither pay road tax nor the fitness certificate of the vehicle and therefore he constrained to keep the vehicle off the road. It further disabled him from remitting the loan instalments. Now the opposite parties demanding `58000/- for returning the RC book instead of the actual due `29400/-. Though complainant issued a lawyer notice claiming the RC book opposite party No.1 issued a reply lawyer notice threating him that they will initiate criminal proceedings.
2. According to the complainant the opposite parties ought to have returned him the RC for renewing the fitness certificate and for paying the insurance and road tax. But they not only illegally retaining the RC Book but also claiming huge amount to return the same. Hence the complaint seeking an order directing the opposite parties to accept `29400/- with interest and to return the RC of the vehicle Ape Piaggio Autorickshaw bearing Reg.No.KL-14/F4622.
3. Though opposite parties appeared through counsel in compliance to the notice instead of seeking several adjournments, they did not care to file their version. Finally their counsel also remained absent. Therefore opposite parties 1 & 2 had to be set exparte.
4 Complainant’s wife as authorized representative of complainant filed proof affidavit. Exts A1 to A6 series marked. Counsel for the complainant heard and documents perused.
5. The specific case of the complainant is that opposite party No.2 obtained the original RC of the vehicle bearing Reg.No.KL-14/F 4622 belongs to him under the pretext of producing before the RTO and later it is not returned to him when he demanded RC book they are claiming huge amount `58000/- alleged to be due from the complainant towards the loan repayment. Where as according to complainant the amount legally due from him is `29400/- which he is ready to pay with interest and for want of RC he could not ply the vehicle by renewing fitness certificate and paying road tax.
6. The retention of RC of a vehicle itself is a deficiency in service on the part of opposite parties. As per Sec 51 of the Motor Vehicles Act the lien or hire purchase of the financier will be endorsed in the Registration Certificate of the vehicle and it can be cancelled only on production of the No Objection Certificate issued by the Financier. On endorsement of HP on the RC of the vehicle the interest of the financier is well protected and hence it is absolutely unnecessary to retain the original RC of the vehicle since without the RC no one can ply the vehicle especially a public transport vehicle on the road. Therefore opposite parties illegal act of retaining the original Registration Certificate is deprecated and it amounts to deficiency in service. It is the case of the complainant that for want of RC he could not pay the road tax and renew the fitness certificate.
7. In the circumstances we pass the following order.
1) Complainant is directed to pay a sum of `29,400/- with interest @ 9% per annum from the date of complaint till payment through a demand draft favouring the 2nd opposite party within 15 days from the date of receipt of the amount, On receiving the amount 2nd opposite party shall issue no objection certificate to the complainant with Hire Purchase Termination letter together with Original Registration Certificate of the vehicle bearing Reg.No.KL-14/F 4622 which is obtained by opposite party No.2 from the complainant at the instance of opposite party No.1 Opposite parties 1&2 also directed to pay `3000/- towards the cost of these proceedings.
2) In the event of non issuance of Original RC and No Objection Certificate and HP Termination letter pertaining to KL-14/F 4622, after accepting the amount `29,400/- with interest, then on application by the complainant with evidence of payment of `29,400/- with interest to opposite party No.2, necessary direction will be given to the concerned registering Authority to issue duplicate RC of the Vehicle KL-14/F 4622 after cancelling the HP endorsement favouring opposite party No.2. In that event opposite parties 1 & 2 shall also further liable to pay a compensation of `20,000/- to the complainant with the costs aforementioned.
Sd/- Sd/-
MEMBER PRESIDENT
Exts.
A1. Photocopy of driving licence.
A2.Copy of RC
A3. Pass book issued by OP NO.1
A4.6-7-10 copy of lawyer notice.
A5. 19-7-10 reply notice.
A6.10-2-2010 letter issued by OP NO.1 to complainant.
A6(a) 17-5-2010 letter issued by OP NO.1 to complainant.
Sd/- Sd/-
MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
