O R D E R

R.Vijayakumar, Member.

This is a complaint filed Under Section 12 of Consumer Protection Act.

The complainant’s case is that even after having paid an exorbitant amount than the actual amount, the opposite parties

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refused to hand over the RC book and other documents to the complainant.

        The complainant had purchased a Honda Activa Scooter from M/s.Vahini Motors, Kollam under the financial assistance of Rs.35000/- vide loan No.91790715 by Centurian Bank Punjab Limited which was later merged with first opposite party.35 cheque leaves for an amount of Rs.1363 each were issued by the complainant to the opposite party towards the repayment of the amount. Contrary to the agreement, the second opposite party presented two cheques for encashment in the month of January 2008.

        In the month of April, 2008, a show cause notice was issued by the opposite party to the complainant alleging that  one cheque was dishonoured for lack of fund. Complainant is in urgent need of RC book for the renewal of insurance policy, requested to the opposite parties to issue RC Book. The complainant was forced to

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remit an exorbitant amount Rs.17,766 instead of the actual due amount Rs.14,000/-. He was directed to contact with second opposite party the branch office of the first opposite party. The complainant approached the first opposite party several occasions incurring huge expenses to travel in a car as he is suffering from several ailments. But the RC book and other documents were not handed over by the opposite parties. There is deficiency in service from the part of opposite parties. Hence the complainant filed the complaint for getting direction to return RC book and for compensation along with cost.

        Even though the opposite parties entered appearance they have remained absent in subsequent proceedings. Hence set exparte. Complainant filed affidavit. He was examined as PW1. Exhibits P1 to P4 marked.

        The points that would arise for consideration are :

(1)   Whether there is any deficiency in service on the part of opposite parties.

(2)   Compensation and cost.

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        As the opposite parties remained absent in subsequent proceedings, we are constrained to relay upon the evidence adduced by the complainant. We have perused all the documents in detail. We find that there is deficiency in service from the part of opposite parties.

        In the result, the complaint is allowed directing the opposite parties to issue RC book and other documents to the complainant. The opposite parties are further directed to pay compensation   Rs.10, 000 and the cost Rs.1, 000/-.

        The order is to be complied with within one month of the date of the order.

                Dated this the 30th day of August 2010.

K.Vijayakumaran     : Sd/-

Adv.Ravi Susha       : Sd/-

R.Vijayakumar         : Sd/-

// Forwarded by Order //

     Senior Superintendent

Date of Filing: 25.03.2010

Date of Order: 30.08.2010

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INDEX

List of witness for complainant

PW1                         - B.Krishanankutty

List of documents for complainant

P1                            - Closure letter dtd: 25.09.2009 issued by the

                                   HDFC Bank

P2                            - Copy of the Advocate Notice dtd: 02.11.2009.

P3                            - Postal Receipts (2 Nos.)

P4                            - Postal Acknowledgment Cards (2 Nos)