DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 30th day of October 2017
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 31/01/2017
: Sri.V.P.Anantha Narayanan, Member
(C.C.No.23/2017)
Rajesh.G,
S/o Gopalan,
Vannanthara House ,
Vannanthara,
Kottathara (Po), Via Agali,
Attappadi,
Palakkad 678 581 - Complainant
(By party in person)
V/s
Latheef,
C/o V.P.Auto Consultants,
Welcome Plaza,
Nellippuzha,
Mannarkkad.
(Adv.Rohith.K.S) - Opposite party
O R D E R
By Smt.Suma.K.P. Member,
The complainant here in had purchased a used two wheeler bearing Registration No.KL-51-D481 from the opposite party. On the date of purchase the complainant had made an advance payment of Rs.12,000/- to the opposite party. For the balance amount of Rs.24,000/- he had to pay EMI @ Rs.1,870/- for 18 months. The complainant had also handed over his S.S.L.C Certificate, 5 pass port size photographs, and two cheque leaves of Rajendran.M to the opposite party as security to the above loan. The complainant had promptly paid the entire loan amount to the opposite party in 14 installments and opposite party had acknowledged receipt of the same. The opposite party had promised to deliver to the complainant the original R.C.Book of the vehicle within 15 days up on closure of the loan. But the opposite party had not returned the original R.C even after eleven months. The complainant had requested for the same directly to the opposite party on several occasions but they failed to deliver it by saying same excuses. The complainant alleges that the above act of the opposite party amounts to deficiency of service on their part. Hence he had approached before this Forum seeking an order directing the opposite party to return the original R.C.Book and cheque leaves, and to grant Rs.50,000/- as compensation for the mental agony and hardship suffered by him along with cost of Rs.5,000/- as expenses towards this proceedings.
Complaint was admitted and notice was issued to opposite party for appearance. Opposite party entered appearance through counsel and filed version at a belated stage. They contended that the opposite party is only an agent of the company by name Mahaveer Chand Jain Sowkarppet, Chennai, from whom the complainant had obtained financial assistance for purchase of the said vehicle. They admitted that the complainant had made an advance payment of Rs.12,000/- to the opposite party and he had promptly paid the entire loan amount to the financier in 14 installments. The said amounts were handed over to the finance company by name Mahaveer Chand Jain. It is the duty of the said financier to deliver the original R.C.Book to the complainant. The opposite party had only acted in his capacity as an agent of the above said financier and hence he has no liability to deliver the documents pertaining to the loan availed by the complainant. The complainant ought have approached the finance company for getting back the documents and not from the opposite party. The opposite party is no more an agent to the finance company and hence not liable for the claim of the complainant here in. Hence the complaint had to be dismissed.
Complainant filed chief affidavit along with documents. Exts.A1 to A3 series was marked. Opposite party had neither filed any affidavit nor any document. Hence evidence was closed and matter was heard.
The following issues that arises for consideration are.
1.Whether there is any deficiency of service from the part of opposite parties ?
2.If so what are the relief and cost?
Issues No.1 , 2
We have perused the documents & affidavit filed by the complainant.
It is obvious from Ext.A1 agreement that the opposite party had granted financial assistant to purchase the vehicle for the complainant. It is also evident from Ext.A2 that the complainant had paid the entire installments and it is acknowledged as ‘closed’ in the said document. All the payment receipt which was marked as Ext.A3 series were issued by the opposite party here in. The opposite party had not produced any contra evidence to disprove the same. Taken in to account of all the above documents, it is clear that the opposite party here in had granted financial assistance for purchasing the vehicle to the complainant and had also received the payments from the complaint. Hence they are legally bound to return the original R.C to the complainant upon closure of the loan. Without doing so, they had committed deficiency of service on their part.
Hence the complaint is allowed and we direct the opposite party to return the original R.C along with cheque leaves and other documents within 15 days from the date of receipt of this order. Failing which opposite party shall pay Rs.40,000/- to the complainant towards cost of the vehicle. We also direct the opposite party to pay Rs.10,000/- (Rupees ten thousand only) as compensation to the complainant for the mental agony and sufferings caused due to the delay in issuing the same along with Rs.3,000/- (Rupees three thousand only) as cost of the above proceedings.
The afore said amount shall be paid within one month from the date of receipt of this order failing which complainant will be entitled to realize interest at the rate of 9% p.a for the afore said amount from the date of order till realization.
Pronounced in the open court on this the 30rd day of October 2017.
Sd/-
Shiny.P.R.
President
Sd/-
Suma.K.P.
Member
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 - Carbon copy of Vehicle Sale Agreement
Ext.A2 – Installment payment card issued to the opposite party bank
Ext.A3 series – Payment Receipt issued by the opposite party (13 No’s)
Exhibits marked on the side of Opposite parties
Nil
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
Nil
Cost
Rs.3,000/-
