By Smt. Saji Mathew, Member:

The gist of the case is as follows:- The Complainant purchased a Pickup Goods Autorikshaw from the 1^st Opposite Party in the year 2007. They themselves financed Rs.1,00,000/- for the vehicle and the balance was paid in cash by the Complainant. The Complainant was duly paying the monthly instalments of Rs.3,517/- at the Kalpetta branch of Panjab National Bank. Altogether 34 instalments were paid and 4 instalments are yet to be paid. The original R.C Book was at the custody of Opposite Parties and they agreed to return the same when half of the instalments were paid. The 1^st Opposite Party has produced the R.C for the purpose of remitting taxes for the year 2008 and 2009. Then in January 2009 the Complainant requested for the R.C book for obtaining the fitness certificate for the vehicle. The Opposite Party evaded the request of the Complainant even after a lawyer notice to that effect. The Complainant could not ply the vehicle without obtaining the fitness certificate. The complainant was getting a monthly income of Rs.15,000/- from the vehicle and this was the only means of subsistence of the Complainant and his family. The Complainant has sustained loss due to the deficiency in service on the part of the Opposite Parties. The complainant therefore prays for an order directing the Opposite Parties to return the R.C book of the vehicle KL 12C 7690 and to pay all the expense for obtaining the fitness certificate. The Complainant also prays for a compensation of Rs.1,70,000/- for the loss sustained by him.

2. The 1^st Opposite Party appeared and filed version. The 2^nd Opposite Party was set exparte. The 1^st Opposite Party in their version stated that they have no role in arranging the finance for the vehicle. If the Complainant has entrusted the original R.C with Opposite Party No.2, at the times of financing, the 1^st Opposite Party is not responsible for that. The allegation that the 1^st Opposite Party had arranged for the payment of tax is not correct. So, the 1^st Opposite Party prays for an order dismissing the complaint.

3. The matters to be decided are:-

1. Whether there is any deficiency in service on the part of the Opposite Parties?

2. Whether the Complainant is entitled for any relief?

4. Point No.1:- Here the allegation of the Complainant is that the original R.C book was retained by the Opposite Parties at the time of financing. The Complainant could not take fitness certificate for the vehicle, in the absence of original R.C book. Without fitness certificate he is keeping his vehicle idle and sustaining loss.

5. The Complainant's requirement is to get possession of the original R.C book. It is very known practice of the financial companies and their agencies to keep the R.C book of the vehicle for which they advance finance. This practice cannot be justified for any reason. The real owner is the registered owner and R.C holder. Financing is endorsed in the R.C book and the R.C owner cannot exchange or sell the vehicle without getting the NOC and canceling the loan endorsement. So, there is no reason or justification for the Opposite Parties to keep the R.C of the financed vehicle. In this case, 1^st Opposite Party says that they have no relation with 2^nd Opposite Party even though address shown on the cash receipts (Ext.A2 series) show that both parties can have comfortable functioning zone together. 2^nd Opposite Party has not appeared or filed version. So, the contention of the Complainant that the Opposite Parties have retained the original R.C book of the Complainant stands unrebutted. Hence the point No.1 is decided against the Opposite Parties.

6. Point No.2:- Here the 1^st Opposite Party has appeared and filed version that the R.C book of the Complainant is not with them. The cash receipts Ext.A2 series shows that financing is done by the 2^nd Opposite Party. They are set exparte and the allegations of the Complained stands true as against the 2^nd Opposite Party. So, the Complainant is entitled to get relief from the 2^nd Opposite Party.

Therefore, the 2^nd Opposite Party is directed to release the R.C book of the Complainant within 30 days of the receipt of this order. The 2^nd Opposite Party is also directed to pay a compensation of Rs.20,000/- (Rupees Twenty thousand only) to the Complainant. The 2^nd Opposite Party is also directed to pay an interest at rate of 10% on the amount from the date of this order till payment.

Pronounced in open Forum on this the day of 31^st December 2009.

PRESIDENT: Sd/-

MEMBER- I: Sd/-

MEMBER-II: Sd/-

APPENDIX

Witnesses for the Complainant.

Nil.

Witnesses for the Opposite Parties.

Nil.

Exhibits for the the Complainant:

A1. Copy of Certificate of Registration. (1 Page).

A2 series (3 Numbers) Receipt.

A3. Pass Book. (3 Pages)

A4. Copy of Letter. dt:12.1.2009.

Exhibits for the Opposite Parties:

Nil.