Date of Filing: 16.10.2009<br /> Date of Order: 27.12.2010<br /> <br /> 2<br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 27TH DAY OF DECEMBER 2010<br /> <br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> COMPLAINT NO: 2420 OF 2009<br /> Umashankar R.<br /> S/o. Rangaramaiah<br /> # 951, 2nd Main, M.C. Layout<br /> Vijayanagar, Bangalore 560 040 Complainant<br /> V/S<br /> Mahindra & Mahindra Financial<br /> Services Ltd.<br /> Shubhasri Plaza, # 200F<br /> I & II Floor, 7th Main, 27th cross<br /> III Block, Jayanagar, Bangalore 560 011 Opposite Party<br /> <br /> ORDER<br /> By the Member Sri Balakrishna V. Masali<br /> <br /> This is a complaint filed by the complainant under section 12 of the Consumer Protection Act.<br /> The facts of the case are that the complainant is the owner cum driver of maxi cab bearing registration No. KA 02 D 6748. The said vehicle was purchased in the month of May 2007 and made a down payment of Rs. 1,40,000/-. The complainant availed the loan with the opposite party for an amount of Rs. 4,90,000/- to be paid in 48 equal monthly instalments i.e. 13,310/- per month. Delivery of the vehicle was given on 05.05.2007 hypothecation to be entered in the registration certificate of the vehicle. The opposite party refused to handover the registration certificate right from the beginning when I enquired with it. I was told that the registration certificate will be handed over to me only after the payment of three instalments. Accordingly, three instalments were paid to the opposite party. After paying the three months instalments I again requested the opposite party to hand over the registration certificate. The opposite party promised to hand over the registration certificate after paying another instalment. I stopped remitting the deposit amount towards instalment payment in my bank account from 05.12.2007 onwards since, I was put to financial loss due to non running of the vehicle. The vehicle had all India permit and can not be taken on tour without valid registration certificate. I took loan from the private persons at exorbitant rate of interest and remitted the money with the opposite party towards subsequent instalment payments. I have made a total payment covering 26 instalments. I have stopped plying the vehicle which was the life line for me from the month of September 2007 the said vehicle is parked in my premises without maintenance. Requiring additional injunction of fund to the extent of about 3 lakhs which I can ill afford. The Hon’ble Court may be pleased to direct the opposite party to make the loss suffered by me to the tune of Rs. 5,00,000/-. Hence, the complaint.<br /> 2. Notice was issued to the opposite party by RPAD. The opposite party appeared through his advocate and filed defence version. In the defence version the opposite party submits that the complainant had taken a financial assistance from this opposite party an amount of Rs. 6,38,880/- financial charges Rs. 4,90,000/- + financial charges Rs. 1,48,880/- for the purchase of Mahindra Maxi cab with a seating capacity of 12 + 1 for the purpose of carrying the passengers with an undertaking to pay the said amount in an equated monthly instalment to an amount of Rs. 13,310/- in 48 installments. Further, it is an undisputed fact that the complainant took the delivery of the said vehicle on 05.05.2007 with all other documents, except the RC book from the dealer by making an allegation that this opposite party had retained the said RC book with itself with a condition that the complainant should pay the first installments. Later at which the RC book will be issued to him. It is submitted that the opposite party totally deny the said allegation as totally false and baseless. The complainant has made a rare allegation that this opposite party had kept the RC book with him by insisting upon the complainant to pay the three month EMI amount and the opposite party denies the said allegation as false and vague. The complainant was constrained to run the vehicle because of the demand made by the opposite party for the payment of the three months installments. The complainant is not entitled for any amount for compensation as it is a false complaint filed by the complainant only in order to escape from the payment of the loan dues which is liable to pay. Wherefore, for the reasons stated above it is most humbly prayed that this Hon’ble court be pleased to dismiss the complaint with cost.<br /> 3. Affidavit evidence of the complainant and opposite party filed. Perused the affidavit and documents. Both the parties filed written arguments.<br /> 4. Arguments are heard.<br /> 5. The Point for consideration is:<br /> 1. Whether the complainant has proved deficiency of service on the part of the opposite party?<br /> 2. Whether the complainant is entitled for the compensation?<br /> 6. It is an admitted fact that the complainant purchased maxi cab vehicle bearing registration No. KA 02 D 6748 in the month of May 2007 and made a down payment of Rs. 1,40,000/- and availed the loan with opposite party for an amount of Rs. 4,90,000/-. The said amount is payable on monthly installment of Rs. 13,310/- for 48 instalments. The complainant took the delivery of the said vehicle on 05.05.2007. Further the complainant stated that at the time of taking the delivery of the said vehicle the opposite party has not given the original RC book to him. The complainant requested the opposite party to handover the original RC book. But, the opposite party did not respond. The said vehicle holds All India permit and cannot be taken on tour without valid original registration certificate as the registration certificate is mandatory to be carried with the vehicle not only while going to other states but also within the state. Because of the said reason the complainant could not use the vehicle. The complainant has produced document letter dated 15.102009. The same is issued by the opposite party. The letter is as under:<br /> “15/10/2009<br /> Bangalore<br /> <br /> TO WHOM SO EVER IT MAY CONCERN<br /> This is to certify that Mr. Umashankar has availed loan from us for Motor Vehicle No. KA 02 D 6748 M. Touristor, vide contract No. 618415. This vehicle Original RC book keep it in our office.<br /> This is for your information.<br /> Regards,<br /> <br /> for Mahindra & Mahindra Financial Services Ltd.<br /> Sd/-<br /> Authorized signatory”<br /> 7. The above letter issued by the opposite party clearly shows that the opposite party has kept the original RC book in their custody from 15.10.2009 to 10.05.2010. As per the forum’s direction the opposite party handed over the original RC book to the complainant on 10.05.2010 before the open court. Totally about 7 months the opposite party has kept the original RC book in their custody. It clearly shows that the opposite party committed deficiency of service to the complainant. As per this letter without original RC book the complainant cannot ply the vehicle on the road. He lost the income about 7 months. The prayer made by complainant seeking for Rs. 5,00,000/- as compensation, since there is no documents or proof for the same the complainant cannot claim for this exorbitant compensation. There is no proof or evidence to show that the vehicle was not running for the said period. The opposite party has agreed that he had the custody of the original RC book for about 7 months. I feel it is just and proper to grant Rs. 50,000/- as compensation. In the result I proceed to pass the following:<br /> ORDER<br /> 8. The complainant is allowed. The opposite party is directed to pay Rs. 50,000/- compensation to the complainant. The opposite party shall comply the order within 60 days from the date of this order.<br /> 9. The amount be sent directly to the complainant by way of D.D. or cheque with intimation to this forum.<br /> 10. Send the copy of this order to both the parties free of cost immediately.<br /> 11. Pronounced in the Open Forum on this 27TH DAY OF DECEMBER 2010. <br /> Order accordingly,<br /> <br /> MEMBER<br /> We concur the above findings.<br /> <br /> MEMBER PRESIDENT<br />