IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.A.T.Munnoli<br /> B.A., L.L.B (Spl.) - President <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> <br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 185/10 DATED 24.06.2010<br /> ORDER<br /> <br /> Complainant P. Suresh Kumar S/o Sri. Prabhakar, R/at # 30, Block No.1, BEML Nagar, Srirampura 2nd stage, Mysore-570023.<br /> <br /> (By Sri. J.P.K., Advocate)<br /> <br /> Vs. <br /> Opposite Party Authorised Signatory/Manager, M/s Sri. Ram City Union Finance Ltd., Opp. to RTO Office, Lakshmipuram, Mysore. <br /> (By Sri. K.S.S.R., Advocate)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 10.05.2010<br /> Date of appearance of O.P. : 25.05.2010<br /> Date of order : 24.06.2010<br /> Duration of Proceeding : 30 days<br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Sri. A.T.Munnoli,<br /> President<br /> <br /> <br /> 1. The complainant has filed the complaint Under Section 12 of the Consumer Protection Act, alleging deficiency in service on the part of the opposite party in not returning the R.C. Book and No Objection Certificate, in spite of payment of entire loan.<br /> <br /> 2. Opposite party in the version has contended that, competent person is not made party and secondly, complainant did not produce account extract to know passing of the cheques. Deficiency in service is denied.<br /> <br /> 3. In support of their respective contentions, both parties have filed their affidavits and certain documents are produced. We have heard advocate for the complainant and for opposite party, written arguments are filed. We have perused the entire records.<br /> <br /> 4. Now, we have to consider whether the complainant has proved any deficiency in service on the part of the opposite party and that he is entitled to the reliefs sought.<br /> <br /> 5. Our finding on the point is partly in affirmative for the following reasons.<br /> <br /> REASONS<br /> 6. It is fact that, raising loan from the opposite party complainant had purchased Yamaha Gladiator SS Motor Cycle bearing No.KA09EM 7811 and that was hypothecated to opposite party. R.C. Book and one key was with the opposite party. After payment of entire loan, complainant requested to return the R.C. Book and the key as well as to issue No Objection Certificate, but the opposite party did not comply the demand. The opposite party in the version has admitted that, complainant has repaid the entire loan. It is fact that, R.C. Book as well as one key and the No Objection Certificate are not given by the opposite party to the complainant.<br /> <br /> 7. Reason assigned by the opposite party is that, the complainant was called upon to produce account extract to know passing of the cheques. When admittedly loan has been repaid, calling upon the complainant to produce his Bank account extract is irrelavent. Hence, the reason assigned, cannot be accepted. Then, it is stated that, controlling authority is the head office at Chennai. The transaction between the opposite party branch office and the head office are their look out. The complainant is nothing to do with it. Hence, we are of the opinion that, there is the deficiency in service on the part of the opposite party. Accordingly, following order.<br /> <br /> ORDER <br /> 1. The complaint is partly allowed.<br /> <br /> 2. The opposite party is hereby directed to return the original R.C. Book as well as one key of the Motor Cycle bearing No. KA09 EM 7811 and issue No Objection Certificate to the complainant within a month from the date of the order.<br /> <br /> 3. Further, opposite party shall pay compensation of Rs.2,000/- to the complainant towards mental agony and inconvenience caused, within a month from the date of the order, failing which the amount will carry interest at the rate of 10% p.a.<br /> <br /> <br /> 4. Also, opposite party to pay a sum of Rs.1,000/- to the complainant, towards cost of the proceedings.<br /> <br /> 5. Give a copy of this order to each party according to Rules.<br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 24th June 2010)<br /> <br /> <br /> <br /> (A.T.Munnoli) <br /> President <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br /> <br /> <br />