KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD,THIRUVANANTHAPURAM

APPEAL.16/2007

JUDGMENT DATED : 16.8.2010

PRESENT

JUSTICE SRI.K.R.UDAYABHANU                   : PRESIDENT

SRI.M.K.ABDULLA SONA                      : MEMBER

K.K.Mohanan,                                            : APPELLANT

Kudukkali Parambu,

Muriyamangalam,

Mamala.P.O.

 (By Adv. A.T.Anilkumar)

    Vs.

1. M/s Popular Motor Corporation,           : RESPONDENTS

    Bajaj Sales,

    Indian Express Building,

    Kaloor, Kochi-17.

(By Adv.George Cherian Karippaparambil)

2. Bajaj Auto Finance Ltd.,

     Akurdi, Punai – 411035.

JUDGMENT

JUSTICE SRI.K.R.UDAYABHANU         : PRESIDENT

The appellant is the complainant in CC.341/06 in the file of CDRF, Ernakulam.  The grievance of the complainant/appellant is that no amount of compensation has been ordered although it was found that the 2^nd opposite party is guilty of deficiency in service.  It is also the contention of the appellant that the 1^st opposite party/dealer also should have been made liable.           

2. The matter is with respect to the alleged non return of the original RC and tax token of the motor cycle purchased which was financed by the 2^nd opposite party/2^nd respondent.

3. The 2^nd opposite party stood ex parte.

4. The entire loan amounts were paid and the agreement terminated on 2.12.04.  The complainant has also produced the copies of the lawyer notice sent to the opposite parties.  Ext.A3 is the certificate in Form 35 to the effect that the agreement has been terminated and the same is to be endorsed in the RC.  The Forum has directed the 2^nd opposite party to return the original documents and if it is not possible to obtain a duplicate copy at their expense to pay the complainant the expenses required for obtaining the duplicate copy.  We find that there is no reason to pass an order against the 1^st opposite party as original documents would be obtained only by the 2^nd opposite party who provided the finance.  In the circumstances the direction of the Forum is sustained.  The 2^nd opposite party has committed deficiency in service. Hence the 2^nd opposite party is directed to pay a compensation of Rs.5000/- to the complainant, with interest at 12% per annum from the date of  complaint.    The complainant/appellant is also entitled cost of Rs.2000/- .  The appeal is allowed in part as above.

            JUSTICE SRI.K.R.UDAYABHANU                   : PRESIDENT

          SRI.M.K.ABDULLA SONA                      : MEMBER

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