KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL No. 386/2010

JUDGMENT DATED:04-08-2010

PRESENT:

JUSTICE SHRI. K.R. UDAYABHANU              :PRESIDENT

SHRI.S. CHANDRAMOHAN NAIR                             : MEMBER

The Managing Director,

M/s Shriram Transport and Finance Co. Ltd.,

2^nd floor, Sunshine Complex,

T.B.Road, Opp.Alukkas Jewellery,                                : APPELLANT

Palakkad-678 015, Rep. by its

Branch Manager, Biju.M.  of –do-  -do-

(By Adv:Sri.K.G.Vidhu Mohan)

            Vs.

M.Vijaya Kumar,

Santhosh Nivas,

Kalippadom.P.O,                                                                : RESPONDENT

Kulapully, Shornour-679 122,

Palakkad.

JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:PRESIDENT

The appellant is the opposite party/financier in CC.55/09 in the file of CDRF, Palakkad.  The appellant is under orders to return the original RC book to the complainant together with compensation of Rs.20,000/- and cost of Rs.1000/-.

2. The case of the complainant is that he had availed finance from the opposite party for the purchase of a Bajaj Minidor 3 wheeler goods carrier.  The entire amounts were repaid.  But the opposite parties have not returned the original RC book. Hence he is not in a position to ply the vehicle.  From April 2008 onwards the vehicle is kept idle.

3. The case of the opposite party is that they are not in custody of the RC book and they had returned the original at the time of entering into the hire purchase agreement itself.  It is admitted that the amounts were fully paid.

4. The evidence adduced consisted of the proof affidavit of the complainant and Exts.A1 to A7. 

5. The opposite party did not adduce any evidence, even documentary or oral; nor have they filed any proof affidavit.  The Forum has considered the evidence adduced by the complainant that consisted of Ext.A5 lawyer notice for which no reply has been sent.  In the absence of any evidence on the part of the opposite parties we find that it cannot be held there is any patent illegality in appreciation of evidence by the Forum.

 Hence we find that there is no scope for admitting the appeal.  Hence the appeal is dismissed in-limine.

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

JUSTICE K.R. UDAYABHANU:PRESIDENT

S. CHANDRAMOHAN NAIR : MEMBER

VL.