PRESENT: SRI P.V. NAGESWARA RAO, M.A., LL.M., PRESIDENT

                                SMT. B. DURGA KUMARI, B.A.,B.L., MEMBER.

          SRI S. ABDUL KHADER BASHA, B.Sc., MEMBER

                                Wednesday, the 4^th day of June 2008.

C.C. No.  33 /2008.

Mosque street,

                                                        ……Petitioner /Complainant.

Vs

Gandhi Road, Proddatur                                    ..….…Respondent.

This complaint coming on this day for orders in the presence of Sri G.M.B. Murali Krishna, Advocate for complainant and Sri. M. Sai Niranjan Babu, Advocate for Respondent, and upon perusing the material papers on record, the Forum made the following:-

O R D E R

  Complaint filed under section 12 of the Consumer Protection Act. 1986.

  At that time he deposited the original SSC marks list and Intermediate Transfer Certificate as security.  The complainant purchased its vehicle bearing No. AP04 T 8997 and hypothecated to the bank.  The loan was cleared within a stipulated period.  A letter was also addressed by the bank dated 22-12-2003 to the RTO, Proddatur that the loan was cleared and terminate the hypothecation agreement in the RC book.  The complainant subsequently approached the Respondent to return his original certificates.  But the Respondent failed to return the same.  At last the complainant got issued a notice on two occasions i.e. on 3-1-2007 and 2-7-2007.  But there was no response.  Therefore the complaint was filed to return the original documents and to pay compensation of Rs.50,000/- towards damages and Rs.2,000/- towards costs.

  The documents were returned after clearance of the loan and there was no necessity to keep the documents.  The complainant received the documents in 2003 itself.  The complaint was filed for getting illegal gain.  Thus the complaint may be dismissed with costs.

          (i) Whether there is any deficiency of service on the part of the

   Respondent?

          (ii) Whether the petitioner is entitled to the relief as prayed for?

          (iii) To what relief?

Point No.1 & 2:         There was no dispute that the complainant availed vehicle loan of Rs.49,000/- under PMRY scheme vide loan account No. HPLV-54 (PMRY) in the year 2000 on depositing his original SSC marks list, Intermediate Transfer Certificate as security and same was discharged in 2003 itself within stipulated period.  As soon as the loan was discharged it was primary duty of the Respondent to return the documents to the borrower.  There was no proof that the Respondent delivered the original certificates to the complainant.  The bank did not file any acknowledgement obtained from the complainant that he received the original documents.  The complainant filed Ex.A-1 as the x/c of loan pass book.  Ex.A-2 is the postal acknowledgement, Ex. A-3 is letter issued by the bank to RTO, Proddatur requesting to terminate the hypothecation clause in the RC book as the loan was closed on 22-12-2003, Ex.A-4 is a letter to the Respondent requesting to return the documents, Ex.A-5 is the letter from Proddatur Mandala Consumer Rights Protection Society addressed to the Respondent, Ex.A-6 are the postal acknowledgements with receipts.  In case and if really the documents have been returned the bank people would have filed the acknowledgement slips, but they have not filed a single scrap of paper.  Thus it is clear that the Respondent failed to return the documents to the complainant causing much inconvenience and mental agony to him.  Therefore there is a deficiency of service on the part of the Respondent.    

7. Point No.3:      In the result, the complaint is allowed. Directing the Respondent to return the two original certificates to the complainant within 30 days from the date of receipt of this order along with Rs.5,000/- towards mental agony and Rs.1,000/- towards costs.  In case the documents are not traced out by Respondent, the Respondent could get the documents with its own costs from the concerned official authorities and return the same to the complainant.

Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, this the 4^th June 2008.

MEMBER                                MEMBER                                   PRESIDENT

                                                        For Respondents : Nil

Exhibits marked for Complainant :   

        X/c of loan pass book

        Postal acknowledgement

       Letter issued by the bank to RTO, Proddatur requesting to

        Letter to the Respondent requesting to return the documents, Ex.A-5      Letter from Proddatur Mandala Consumer Rights Protection

        Postal acknowledgements with receipts

Exhibits marked for Respondent:             Nil    

                               MEMBER                                   PRESIDENT

     1) Sri. G.M.B. Murali Krishna, Advocate, Kadapa

                   2) Sri. M. Sai Nirnjan Babu, Advocate, Kadapa

1) Copy was made ready on              :

2)     Copy was dispatched on               :

3)      Copy was delivered to parties       :

V.R.V.                                      - - -