cccccPBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 31st day of December 2012
Filed on : 18/05/2012
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member
C.C. No. 304/12
Between
M.A. Sunildatt, : Complainant
Malil house, Rajagiri P.O., (Party-in-person)
Kalamassery-683 104.
And
Manager, : Opposite party
IndusInd Bank, Aluva Branch, (By Adv. Girish R,
Pump junction, Aluva-683 101. Gem villa, Market road,
Combara junction,
Ernakulam)
O R D E R
A Rajesh, President.
The case of the complainant is as follows:
The complainant availed a loan of Rs. 34,500/- on 12-08-2008 from the opposite party to purchase a motor bike. The complainant repaid the loan amount as demanded by the opposite party. Accordingly the opposite party issued a statement of account stating the dues as Zero. At that juncture the complainant requested the opposite party to return the original RC book. They agreed to return the same within a month. While so on 13-11-2012 the complainant met with an accident and sustained serious injuries. Along with the insurance claim the insurance company demanded the original RC book of the vehicle and no objection certificate from the opposite party. Though the opposite party showed the RC book to the representative of the Insurance company they failed to hand it over to the complainant. The complainant repeatedly requested the opposite party to return the RC book. They agreed to sent the RC book and NOC to his residential address by post. But the opposite party failed to do so. Thus the complainant is before us seeking direction against the opposite party to handover the RC, to issue the no objection certificate and to pay a compensation of Rs. 10,000/-. This complaint hence.
2. The version of the opposite party is as follows:
The opposite party granted a loan of Rs. 34,500/- to the complainant on 12-08-2008 on the basis of an agreement entered into between the complainant and the opposite party. As per the loan agreement the complainant had to remit all the dues outstanding in the loan account. The complainant is entitled to get back all the documents and NOC only after remitting the entire loan amount together with delayed interest and bank charges. The complainant has no cause of action against the opposite party and the complaint is liable to be dismissed.
3. No oral evidence was adduced by the parties. Exts. A1 to A3 and B1 were marked on the side of the complainant and the opposite party respectively. Heard the complainant who appeared in person and the learned counsel for the opposite party.
4. The only point that arises for consideration is whether the complainant is entitled to get the documents and the NOC of the vehicle together with compensation of Rs.10,000/- from the opposite party?
5. Admittedly the complainant availed himself of a vehicle loan to the tune of Rs. 34,500/- on 12-08-2008. According to the complainant he has remitted the entire amount in the loan account and is entitled to receive back the documents of the vehicle with no objection certificate. The opposite party maintains that the complainant failed to remit penal interest and bank charges. Both the parties relying on the terms and conditions in the loan agreement entered into between them. Neither of the parties did take any steps to produce the same in this Forum for our perusal. However the complainant produced Ext. A3 statement of account which goes to show that the future due is Zero as on 27-07-2011. Ext. B1 is the account statement of the opposite party, Ext. B1 as well goes to show that the complainant is not liable to pay any amount to the opposite party in the loan account.
6. Relying on the documents of non liability on the part of the complainant the opposite party has no grounds to retain the documents pertaining to the vehicle and the no-objection certificate. May be on the brink of heavy work the opposite party has not yet done what they have to have which almost amounts to efficiency in service on their part which of course can be rectified in no time if they put their minds to it. However the complainant has had to suffer mental agony and inconveniences. We fix the compensation at Rs. 3,000/-.
7. In the result, we partly allow the complaint and direct as follows:
i. The opposite party shall forthwith release the RC book and related documents to the complainant .
ii. The opposite party shall issue the no objection certificate to the complainant to get the endorsement of hypothecation in the RC book released.
iii. The opposite party shall pay Rs. 3,000/- to the complainant towards compensation.
The above said order shall be complied with within a period of one month from the date of receipt of a copy of the order failing which the above amount shall carry interest at the rate of 12% p.a. till realization.
Pronounced in the open Forum on this the 31st day of December 2012.
Sd/- A Rajesh, President.
Sd/- Paul Gomez, Member
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Copy of letter
A2 : Copy of E-mail dt. 20-03-2012
A3 : Copy of Statement of account
dt. 27-07-2011
Opposite party’s Exhibits : :
Ext. B1 : Copy of statement of account
dt. 04/11/2012
