ADV. RAVI SUSHA, MEMBER. Complainant’s case is that he had availed a loan from the opp.party after entering into a Hypothecation agreement and purchased a Bajaj Discover Motor Cycle having Reg.No. KL-23-185. Even after closing the entire loan liability the opp.party is reluctened to return the RC book and Key of the vehicle. Hence filed this complainant for getting relief. The opp.party filed a version contending, interalia, that the complaint is not maintainable either in law or on facts. The complainant is not a consumer as mentioned in Section 2 [d] of the Consumer Protection Act. Para 1 in the complaint is admitted. The averments in para 2 of the complaint is true. The averments in para 3 of the complaint are true to the extend that the agreement was closed and the documents with the bank such as NOC closure letter has been given to the party. The complainant never accepts of retains the RC of the customers. The registration after the disbursal of the loan is done the dealer and the dealer is the only person having the contact with the RTO The bank is not in the practice of retaining RC of any vehicle for which loan has been disbursed. The Dealer of the vehicle is only a dealer as far as the bank is concerned. The complainant is not entitled to get any of the reliefs sought in the complaint. There is no deficiency in service on the part of the opp.parties. Hence the opp.party prays to dismiss the complaint. Points that would arise for consideration are: 1. Whether there is deficiency in service on the part of the opp.party 2. Reliefs and costs. For the complainant PW.1is examined. Ext. P12 and P2 are marked. No oral or documentary evidence by the opp.party POINTS: The first point to be decided is whether the complainant is the consumer of the opp.party. Since the complainant had entered into hypothecation agreement with the opp.party, he is a consumer of opp.party. Here there is no dispute that as per the agreement the complainant has closed the loan amount. Dispute is with regard to the custodian of RC book and Key of the vehicle Bajaj Discover Mortor Cycle having Reg.No.KL-23-185. Opp.party’s contention is that they are not the custodian of RC book and key of the vehicle. Here as far as complainant is concerned he has paid the entire loan amount. Hence our view is that he is entitled to get key and RC book of the said vehicle According to opp.party there is nothing in evidence to show that they opp.party had obtained the RC book and key of the said vehicle from the complainant at any time. But the complainant in the complaint itself stated that on 24.2.2007 the opp.party had given the attested copy of RC book to the complainant. While cross examining the complainant opp.party did not reveal about the R.C. book . That means the opp.party is the custodian of RC book and key of the Complainant’s vehicle. In the result, complaint is allowed. Opp.party is directed to give the RC book and key of the said vehicle to the complainant, failing which pay a sum of Rs.20,000/- to the complainant. Opp.party is also directed to pay Rs.2500/- as compensation and Rs.1000/- as cost. The order is to be complied with within one month from the date of receipt of the order. Dated this the 25th day of June, 2010. I N D E X List of witnesses for the complainant PW.1. – Babu List of documents for the complainant P1. – closure letter P2. – NOC of opp.party Bank. List of witnesses and documents for the opp.party :NIL | 
