Kerala

Kottayam

CC/09/122

Johnson Joseph - Complainant(s)

Versus

Manager - Opp.Party(s)

Adv.C.A.Jose

30 Mar 2010

ORDER


KottayamConsumer Disputes Redressal Forum,Civil Station, Kottayam
CONSUMER CASE NO. 09 of 122
1. Johnson JosephKannadi Kuzhiyil,K.S.puram,KaduthuruthyKottyamKerala ...........Appellant(s)

Vs.
1. ManagerIndusland Bank,Collectrate P.O,KottyamKottyamKerala ...........Respondent(s)


For the Appellant :
For the Respondent :

Dated : 30 Mar 2010
ORDER

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THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM
Present:
Sri. Santhosh Kesavanath P., President
Smt. Bindhu M. Thomas, Member
Sri. K.N. Radhakrishnan, Member
CC. No.122/2009
Tuesday, the 30th   day of March, 2010.
Petitioner                                              :           Johnson Joseph,
                                                                        Kannadikuzhiyil
                                                                        K.S Puram, Kaduthuruthi.
                                                                        (By Adv. C.A Jose)
                                                            Vs.
 
Opposite party                                     :           The Manager,
                                                                        Indus Ind Bank,
                                                                        Kottayam.
                                                                        (By Adv. George Emmanuel, Podipara)
 
O R D E R
 
Sri. Santhosh Kesavanath P., President.
 
Case of the petitioner is as follows:
            Opposite party is conducting Banking Business. Petitioner on the financial assistance given by the opposite party purchased a motor cycle bearing registration No. KL 5 – E 8216. Petitioner availed a loan of Rs. 45,720/- from the opposite party by paying an amount of Rs. 88,620/- petitioner repaid the loan amount and closed the loan. Opposite party after closure of the entire loan amount had not returned the RC Book and the key of the vehicle. Further, more opposite party had not given to the no objection certificate to the petitioner. As per the agreement opposite party is bound to return the key and the RC book of the vehicle and no objection certificate. Petitioner demanded the return of the document and key through mediator and issuing a lawyers notice and the opposite party has not heed to the demands of the petitioner.   According to the petitioner
 
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act of the opposite party is clear deficiency in service. So, he prays for a direction to the opposite party to return the key and RC book of the vehicle petitioner also claims Rs. 50,000/- as compensation. 
            Opposite party entered appearance and filed version contenting that the petition is not maintainable. Petitioner approach the first opposite party for availing a hire purchase loan for paying a TVS- VICTO Motor Cycle and a discussion in detail the petitioner agreed to the terms and conditions for availing the loan agreement and executed hire purchase agreement . Petitioner brought in the margin money of Rs. 6290/- on the contract date finance amount is Rs. 34,000/- finance charge is Rs. 11,720/- is total amount of Rs. 45,720/- was allowed to the petitioner. Petitioner agree to pay the interest at the rate of Rs. 11.49 %.  Petitioner further undertook and agreed to pay any loan amount in 36 monthly equal installment of Rs. 1270/-. Cheque issued by the complainant were returned dishonoured  on various occasions and the petitioner is irregular in repaying loan. Petitioner had not hand over interest duplicate key and the original registration certificate with the opposite party after availing the loan. Petitioner had not complied rules and regulations with the loan transaction. In spite of reminders petitioner had deliberately not given custody of the key and RC book. According to the opposite party petitioner is bound to pay an additional finance charge of Rs. 3753.11. Opposite party  contented that there is no deficiency in service on the part of the opposite party. Opposite party prays for a dismissal of the petition with their costs.
 
 
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Points for determinations are:
i)                    Whether there is deficiency in service on the part of the opposite party?
ii)                   Relief and costs.
            Evidence in this case consists of affidavit filed by both parties and Ext. A1 to A5 documents on the side of the petitioner.
Point No. 1
            Crux of the case of the petitioner is that after closing the entire loan transaction with opposite party. Opposite party had not returned the duplicate key,    original RC Book and  no objection certificate to the petitioner. According to the opposite party petitioner had not entrusted  duplicate key and  original RC certificate at the time of sanctioning of the loan.   In para 5 of the version opposite party stated that after availing the loan petitioner had not complied with the rules and regulations on   loan transaction. In spite of the reminders petitioner had deliberately not given    custody of  duplicate key and RC Book. So, from the averment it can be seen that as per the rules and regulations of the loan petitioner had to entrust  duplicate key and original registration certificate. Here the opposite party had not produced any document to prove that the petitioner had not entrusted the key and the original RC Book. Further more according to the opposite party they issued reminders to the petitioner to give the custody of the duplicate key and RC Book but the opposite party has not produced any piece of evidence to prove that they issued reminder to the petitioner.   So, the inference that can be drawn is that the duplicate key and RC book were  in custody of  opposite party. As per the case of the opposite party an amount of Rs. 3753.11 is due to them. Petitioner produced a statement
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Dtd: 11..11..2006 and said document is marked as Ext. A1. In Ext. A1 it is shown that an amount of Rs. 7350/- is due on 11..11..2006. Petitioner produced a receipt Dtd: 11..11..2006 and the same is marked as Ext. A2. From Ext. A2 it can be seen that the petitioner paid an amount of Rs. 7350/- on 11..11..2006. So, from Ext. A2 it can be seen that the due amount is paid by the petitioner. Even though the opposite party sweared in the affidavit that an amount of Rs. 3753.11 is due to the opposite party. Opposite party   stated in the affidavit that copy of the statement is produced  but nothing has been produced on  record to prove the same. So, in our view act of the opposite party in not issuing the no objection certificate to the petitioner and the non return of the RC Book to the petitioner is a clear deficiency in service. Point No. 1 is found accordingly.
Point No. 2
            In view of  finding in point No. 1 petition is to be allowed and the petitioner is entitled to relief sought for. In the result opposite party is ordered to return the duplicate key of the vehicle and the RC Book of the Motor Cycle bearing registration No. KL 5-8216. If not possible opposite party shall pay an amount of Rs. 8000/- to the petitioner as compensation. Petitioner is also entitled for an amount of Rs. 2,000/- as compensation for loss and sufferings sustained to the petitioner. Opposite party is ordered to pay an amount of Rs. 1,000/- as cost of the proceedings.   Order shall be complied with within
 
 
 
 
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one month of the receipt of the order.
Dictated by me transcribed by the Confidential Assistant corrected by me and
pronounced in the Open Forum on this the 30th   day of March 2010.
 
Sri. Santhosh Kesavanath P. President Sd/-
 
Smt. Bindhu M. Thomas, Member                    Sd/-
 
Sri. K.N. Radhakrishnan, Member                    Sd/-
           
APPENDIX
                                                             
Documents for the petitioner
Ext. A1:            Copy of the statement of the account.
Ext. A2:            Receipt No. 933658 Dtd: 11..11..2006
Ext. A3:            Copy of the registration certificate
Ext. A4:            Copy of the insurance policy certificate.
Ext. A5:            Copy of the tax receipt.
Document for the Opposite party:
            Nil.
By Order,
 
.
Senior Superintendent.
amp/ 4 cs.

HONORABLE Bindhu M Thomas, MemberHONORABLE Santhosh Kesava Nath P, PRESIDENTHONORABLE K.N Radhakrishnan, Member