By Smt. E. Ayishakutty, Member,
1. Complainant is the owner of T.V.S. Victor GLX motor bike with RegistrationNo.KL10 V 5639. He purchased the vehicle from the P.G.S. Motors, the authorised dealer of T.V.S. Vehicle at Malappuram with the financial aid of Centurian Bank Ltd. The bank officials collected 30 post dated cheque leaves of Rs.1,535/- from complainant at the time of loan arrangement. The original Registration Certificate was kept by the bank for the loan security and the hypothecation was endorsed in it. Meanwhile the Centurian Bank was changed as H.D.F.C. Bank Ltd. The monthly instalments were collected by the bank directly from the account of complainant maintained in the Federal Bank, Malappuram using the post dated, cheque leaves issued by complainant at the time of financial arrangements. Opposite party No.1 collected the first instalment on 20-7-2005 and the last payment was done on 13-12-2007. On 03-8-2007 complainant met an accident and he was bed ridden for 3 months and during this time he defaulted 3 instalments of the loan. Later these three instalments of Rs.5,405/- were paid directly by the complainant including Rs.800/- as late payments charges. The receipt was issued by opposite party No.1 for the payment on 06-11-2007. As per the terms offered by opposite party No.1 at the time of loan he was liable to pay the insurance charges. But opposite party No.1 has not paid the insurance charges and thereby complainant had a loss of Rs.7,500/-. Complainant paid entire amount as per schedule within the period but opposite party No.1 has not issued the original Registration Certificate which he kept in his custody for loan security. Complainant contacted opposite party No.1 several times to get the Registration Certificate but in vain. Hence complainant field this petition before the Forum alleging deficiency of service on the part of opposite party No.1 complainant prays for direct first opposite party to return the original Registration Certificate of the vehicle KL10 V 5639 after cancelling the hire purchase endorsement or issue the hire purchase termination letter, No objection letter, clearance certificate and the certificate of amalgamation of the Centurian Bank to H.D.F.C. Bank. He also prays to give Rs.7,500/- (Rupees Seven thousand five hundred only) as insurance charges, Rs.15,000/- (Rupees Fifteen thousand only) as compensation and Rs.5,000/- (Rupees Five thousand only) as costs.
2. Opposite parties notice served. Acknowledgement returned. Opposite party No.1 absent. He is set exparte. Opposite party No.2 sent a letter stating that the vehicle bearing Registration No.KL10 V 5639 is registered at Joint Regional Transport Office, Perintalmanna and he requested to exempt him from the case.
3. Complainant filed affidavit and documents. Ext.A1 to A4 marked on the side of complainant.
4. The case of the complainant is that he purchased a motor bike with the financial aid of opposite party No.1. As per loan agreement complainant has to pay the loan amount with 30 monthly instalments of Rs.1,535/- (Rupees One thousand five hundred and thirty five only). Opposite party No.1 collected 30 post dated cheque leaves and the Original Registration Certificate of the vehicle for loan security. Complainant paid entire amount within the scheduled period but opposite party No.1 has not returned the original Registration certificate of the vehicle eventhough he had contacted him several times.
5. On 08-6-2010 opposite party No.1 sent a lawyer notice the complainant demanding Rs.1,491/- (Rupees One thousand four hundred and ninety one only) as charges for default of monthly instalments and other charges. Opposite party No.1 has collected the monthly instalments from the account of complainant which maintained in Federal Bank, Malappuram using the cheque leaves which was given by complainant at the time of loan agreement. As per Ext.A2 the pass book of complainant issued by Federal Bank shows that opposite party No.1 has collected 27 instalments from the account of complainant using the post dated cheques. Ext.A3 the payment receipt issued by opposite party No.1 to complainant shows that the belated 3 instalments Rs.5,405/- including Rs.800/- as late payment charges were paid by the complainant together on 06-11-2007. It is correct that complainant belated the 26th, 27th and 28th instalments, but these three instalments were paid by the complainant together with late payment charges of Rs.800/- So as per documents it is clear that complainant has paid the entire amount within the scheduled time. So opposite party No.1 is liable and responsible to return the original Registration Certificate of the vehicle KL10 V 5639 owned by complainant.
6. In the result, complaint is allowed and first opposite party is directed to issue the Hire Purchase Termination letter to the complainant. Failing which on application made by the complainant a copy of this order shall be communicated to the concerned Regional Transport Officer who shall cancel the endorsement of hypothecation in Registration Certificate standing in favour of first opposite party. Opposite party No.1 is also ordered to return the Original registration Certificate book to the complainant. Failing which opposite party No.1 shall pay compensation of Rs.5000/- (Rupees Five thousand only) to the complainant. On failure to return the Registration Certificate the complainant is at liberty to file application for duplicate Registration Certificate to the concerned Regional Transport Officer who shall consider the application favourably. Time for compliance of the order is fixed as one month from the date of receipt of copy of this order.
Dated this 27th day of December, 2010.
Sd/-
C.S. SULEKHA BEEVI, PRESIDENT
Sd/-
MOHAMMED MUSTAFA KOOTHRADAN, Sd/-
MEMBER E. AYISHAKUTTY, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1 to A4
Ext.A1 : Photo copy of the Registration Certificate in respect of vehicle No.Kl10 V 5639
Ext.A2 : Pass book from Federal Bank A/C No.9652
Ext.A3 : Customer copy of Payment receipt dated, 06-11-2007 for Rs.5,405/-.
Ext.A4 : Lawyer notice dated, 08-6-2010 issued by first opposite party’s counsel to complainant .
Witness examined on the side of the opposite parties : Nil
Documents marked on the side of the opposite parties : Nil
Sd/-
C.S. SULEKHA BEEVI, PRESIDENT
Sd/-
MOHAMMED MUSTAFA KOOTHRADAN, Sd/-
MEMBER E. AYISHAKUTTY, MEMBER
