By G. Yadunadhan, President:

 

            The case of the complainant is that complainant had purchased a Hero Honda Passion Plus Motor Bike from the 1^st opposite party on 7-5-07 for Rs.48206/-. The complainant has paid Rs.31630/- by cash and for the balance amount he availed a vehicle finance from the 2^nd opposite party. At the time of availing the loan first opposite party has collected 13 signed blank cheques drawn on South Malabar Gramin Bank and duplicate key of the bike from the complainant as a security. As per the terms entered between the complainant and opposite parties complainant has to repay the loan for 12 instalments of Rs.1412/- each commencing from 7-6-07. First opposite party handed over the 13 signed blank cheques and a duplicate key to the second opposite party, being the financier of the complainant. Out of the 13 cheques has been duly honoured on presentation by the second opposite party and the same has been credited to the account of the complainant. The loan has been fully paid by the complainant to the second opposite party and 2^nd opposite party has issued NOC to the complainant. After closing the loan account second opposite party has not returned balance one blank cheque and duplicate key to the complainant which was collected as a security for the loan. Even after the repeated demands opposite party has not returned the duplicate key and one blank cheque. Therefore complainant seeking relief against the opposite party to return back one blank cheque and also duplicate key along with compensation for the deficiency of service on the part of opposite party.

 

            1^st Opposite party after serving notice not appeared. Hence called absent and set exparte. Opposite party-2 after serving notice entered in appearance filed their version. According to opposite party-2, opposite party is a registered finance company engaged in business of motor vehicle finance on the basis of hire purchase and hypothecation agreements. The aforesaid business is one by this opposite party in full compliance with the law, rules and regulation applicable to the business. A separate bilateral agreement is entered between this opposite party and the customers, including the complainant. The complainant had availed vehicle finance from this opposite party for an amount of Rs.15000/- vide agreement dated 28-4-07 bearing No. KLT 5007/07.    The above said agreement has not stipulated that complainant should give the duplicate key of the vehicle. The opposite party has not received any blank cheques or spare key of the vehicle belonging to the complainant. Therefore the complainant is not entitled to any compensation from this opposite party. Hence complaint is liable to be dismissed.

 

            The points for consideration is (1) Whether the complainant is entitled for any compensation? (2) If so what relief and cost?

 

            Complainant was examined as PW1 and Ext.A1 was marked on complainant’s side. Opposite party has no oral evidence but produced one document which is marked as Ext.B1.

 

            On perusal of Ext.A1 except one cheque all other cheques have been honoured by the second opposite party. There is no dispute regarding Ext.A1 it clearly shows that one cheque has been honoured in the name of Sundaram Finance and not in the name of opposite party-2. The next point to be considered is regarding the duplicate key. No evidence to show that complainant has handed over the duplicate key to the second opposite party. Complainant himself deposed that duplicate key never handed over to the second opposite party any point of time that itself shows by Ext.B1. Under these circumstances no deficiency of service on the part of opposite party. Therefore the complaint is liable to be dismissed.

 

Pronounced in the open court this the 10th day of June 2010.

Date of filing : 19-02-2009.

 

            SD/- PRESIDENT                   SD/-MEMBER            SD/- MEMBER

 

APPENDIX

 

Documents exhibited for the complainant:

A1. Bank statement given by South Malabar Gramin Bank,

        Sulthan Bathery Branch.

 

Documents exhibited for the opposite party:

B1.Photocopy of Shriram city union finance ltd.,

 

Witness examined for the complainant:

PWI. Sajith T.N. (Complainant)

 

Witness examined for the witness

          None

SD/- PRESIDENT

 

 

 

// True copy //

 

(Forwarded/By order)

 

 

 

SENIOR SUPERINTENDENT