BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 17/01/2011
Date of Order : 30/11/2011
Present :-
Shri. A. Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member.
C.C. No. 30/2011
Between
Manoj Mathai, S/o. Mathai, | :: | Complainant |
Malekulangara House, Parepeedika, Pancode. P.O., Ernakulam – 682 310. |
| (By Adv. Roy Varghese, Kadaikal Apartments, Near Overbridge, K.K. Road, Kathrikadavu, Kochi - 17) |
And
M/s. H.D.F.C. Bank Ltd., | :: | Opposite party |
Rep. by its Managing Director/Manager, Mather Square, Opp. North Railway Station, Kochi – 18. |
| (By Adv. T. Rajesh, 4F, Metro Plaza, Market Road, Cochin) |
O R D E R
A. Rajesh, President.
1. The case of the complainant is as follows :
The complainant availed himself of a loan from the erstwhile Centurion Bank (presently the opposite party) to purchase his two wheeler bearing Registration No. KL-40/A 3967. The complainant had promptly remitted the loan amount with interest by-monthly instalments. However, the opposite party is illegally retaining the original Registration Certificate. Spare key of the vehicle and one post dated cheque for which cash was remitted against receipt dated 28-07-2008. In the meantime, the opposite party issued a lawyer notice to the complainant demanding Rs. 2,225/-. The complainant sent reply to the notice stating the real facts. The complainant is entitled to get the R.C. Book, the spare key of the vehicle, the said cheque and the no objection certificate to remove the hypothecation noted in the R.C. Book along with compensation and costs of the proceedings.
2. The version of the opposite party :
The complainant is not entitled for any of the reliefs as claimed in the complaint as there is no bonafide from the part of the complainant in filing such a complaint. There is no deficiency of service from the part of the opposite party. The complainant had availed a two wheeler loan for Rs. 37,750/- agreeing to repay the same in 30 equal monthly instalments of Rs. 1,593/- each payable on 10th of every month. Eventhough the complainant had agreed to repay the amount, the payment made towards the 7th instalments onwards had been bounced for insufficiency of funds. Thereafter, about seven cheques issued by the complainant were bounced because of insufficiency of funds in his account. The complainant is bound to pay the cheque bouncing charges apart from over due charges for the cheques which were bounced. Now, an amount of Rs. 2,290/- is due from the complainant as on 03-02-2011. The complainant who had agreed to make the payments regularly had failed to do so. The complainant had approached this Forum suppressing all material facts and is not entitled for any of the reliefs as claimed in the complaint.
3. No oral evidence was adduced by the complainant. Exts. A1 to A5 were marked on his side. Neither oral nor documentary evidence was adduced by the opposite party. The counsel for the opposite party filed argument note. Heard the respective counsel.
4. The points that arose for consideration are :-
Whether the complainant is entitled to get the R.C. Book and spare key of the vehicle together with N.O.C. and the cheque?
Compensation and costs of the proceedings?
5. Point No. i. :- Admittedly, the complainant availed himself of a vehicle loan from the opposite party. According to the complainant, he has paid the entire loan amount to the opposite party. The opposite party maintains that since 7 cheques issued by the complainant had been dishonoured, he is liable to pay the cheque bouncing charges of Rs. 2,280/- as on 03-02-2011.
6. Neither has the complainant produced any document to show that he has remitted all the instalments promptly, nor has the opposite party produced any document to show that they are entitled to get Rs. 2,290/- from the complainant. The opposite party has not taken a contention that they have not retained the R.C. Book and spare key of the vehicle and is not in possession of the cheque as claimed by the complainant. In the absence of anything to the contrary on both points, we are of the opinion that the opposite party is not entitled to get any more amount from the complainant.
7. In the above circumstances, we partly allow this complaint and direct as follows :
The opposite party shall return the R.C. Book and the spare key of the vehicle bearing Registration No. KL-40/A 3967 and the cheque mentioned in the complaint to the complainant.
The opposite party shall issue the No Objection Certificate to remove the hypothecation of the opposite party in the R.C. Book of the vehicle.
The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.
Pronounced in open Forum on this the 30th day of November 2011.
Sd/- A. Rajesh, President.
Sd/- Paul Gomez, Member.
Sd/- C.K. Lekhamma, Member.
Forwarded/By order,
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | A Lawyer notice dt. 08-12-2010 |
“ A2 | :: | Copy of the reply notice dt. 28-12-2010 |
“ A3 series | :: | Acknowledgment card, postal receipt and courier receipt |
“ A4 | :: | Copy of the receipt dt. 28-07-2010 |
“ A5 | :: | Copy of statement of account issued from the State Bank of India |
Opposite party's Exhibits :: Nil
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