Tamil Nadu

North Chennai

156/2014

K.N.Selvakumar - Complainant(s)

Versus

M/s.Bussan Auto finance India Pvt.Lts, Rep by its Director, - Opp.Party(s)

D.Jawahar

31 Aug 2016

ORDER

                                                                          Complaint presented on:  30.07.2014

                                                                             Order pronounced on:  09.09.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

FRIDAY THE 09^th    DAY OF SEMTEMBER 2016

 

C.C.NO.156/2014

 

K.N.Selvakumar,

14/37 Robertson Lane,

Mandaveli, Chennai – 600 028.

 

                                                                                    ..... Complainant

 

..Vs..

1.M/s. Bussan Auto Finance India Private Limited,

Rep.by its Director,

No.25 & 26, College Road,

Nungambakkam, Chennai – 600 034.

 

2. M/s. Ambal Motors,

By its Manager,

No.963 Crescent Court,

Poonamallee High Road, Chennai – 600 084.

	......Opposite Parties

Date of complaint                                 : 05.08.2014

Counsel for Complainant                      : D.Jawahar

Counsel for 1st opposite party                : S.Muthukoodalingam

 

Counsel for 2^nd Opposite Party                : Ex-parte

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant purchased a Yamaha Motor Bike from the 2^nd Opposite Party/dealer on payment of part consideration of 29,520/-. The 1^st Opposite Party financed the balance amount for purchasing the vehicle by the Complainant. The Complainant cleared all the dues of the 1^st Opposite Party and he issued no objection certificate dated 09.10.2013 to the RTO office. After  cancellation of the Hypothecation endorsement made in his favour, the Opposite Parties did not return the RC  book to the Complainant even after he had cleared the dues and consequently the Complainant unable to use the vehicle as the original RC book is not with him. Hence the Complainant issued legal notice dated 04.04.2014 to the Opposite Parties to return the RC of the vehicle. Even after such notice they did not return the RC. Hence the Complainant filed this Complainant for the deficiency committed by the Opposite Parties by not returning the RC of the vehicle. Therefore the Complainant prays to order that the Opposite Parties to return the RC of the vehicle bearing No.TN06D8045, Yamaha Motor Bike and also for compensation with cost of the Complaint.

 

2. THE 2^nd OPPOSITE PARTY REMAINED ABSENT AND SET EX – PARTE. THE WRITTEN VERSION OF THE 1^st OPPOSITE PARTY IN BRIEF:

          The  Complainant above named has availed Finance from the 1^st Opposite Party vide Loan account Np.TW0051NR00068621 and agreement dated 23.12.2010 for purchase of Yamaha Motor bike, bearing Engine No.21C6027677, Registration No.TN-06-D-8045, from the 2^nd Opposite Party. The 1^st Opposite Party submits that it is generally the document pertaining to the vehicle will be retained by the 2^nd Opposite Party. The 1^st Opposite Party is only concerned with loan transaction and the documents relating to the purchase of the Motor bike would be retained and kept by the 2^nd Opposite Party. The 1^st Opposite Party is not holding the Registration Certificate of the  vehicle purchased by the Complainant from the 2^nd Opposite Party. In the circumstances, it is submitted that the 1^st Opposite Party above named is not liable for return of the Registration Certificate of the Motor Bike Registration No.TN-06-D-8045, and not liable to pay for compensation or costs to the Complainant, and prays this Hon’ble District Consumer Disputes Redressal Forum may be pleased  to dismiss the Complaint with cost.

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what relief?

4. POINT NO :1

          It is an admitted fact that the Complainant purchased a Yamaha Motor Bike bearing Registration No.TN 06D-8045 on payment of part consideration of Rs.29,520/- under Ex.A1 & Ex.A2 receipt and the 1^st Opposite Party financed the balance sale consideration of Rs.14,000/- under Ex.B1 loan agreement entered between the Complainant and the 1^st Opposite Party and the Complainant  also cleared entire loan due to the 1^st Opposite Party with interest and after clearing such loan the 1^st Opposite Party also issued Ex.A3 no objection certificate dated 09.10.2013 to the original Transport Officer for cancellation of Hypothecation endorsement in the registration certificate.

          5. The Complainant contended that even after clearing the dues he is unable to use the vehicle for want of RC book and the said RC was not delivered by the Opposite Parties and therefore the Opposite Parties have committed Deficiency in Service.

          6. The 2^nd Opposite Party was set ex-parte. The 1^st Opposite Party admits that the Complainant cleared all the dues and in respect of the documents pertaining to the vehicle will be retained by the 2^nd Opposite Party and this Opposite Party is not holding the registration certificate of the vehicle and therefore prays to dismiss the Complaint.

          7. The 1^st Opposite Party specifically pleaded in his written version that the documents pertaining to the vehicle will be retained by the 2^nd Opposite Party and he is concerned only with the loan transactions and the documents relating to the purchase of the vehicle would be retained and kept by the 2^nd Opposite Party and therefore he is not having the registration certificate of the vehicle.

          8. However on behalf of the 2^nd Opposite Party there is no contra evidence on his behalf therefore as per the available evidence, documents, the RC book of the Complainant vehicle should be available only with the 2^nd Opposite Party and though he received notice Ex.A4 he did not reply for the same to the Complainant and therefore we hold that the 2^nd Opposite Party committed Deficiency in Service in not returning the RC of the Complainant vehicle. However the 1^st Opposite Party himself stated that the 2^nd Opposite Party is only having the documents with him and hence we hold that the 1^st Opposite Party has not committed any Deficiency in Service.

9. POINT NO:2

          We have held in point No.1 that the 2^nd Opposite Party committed Deficiency in Service in returning the RC to the Complainant, it would be appropriate to order the 2^nd Opposite Party to return the RC to the Complainant in respect of the vehicle within a stipulated period. Due to the deficiency committed by the 2^nd Opposite Party, the Complainant suffered with mental agony is accepted and for the same it would be appropriate to order to pay a compensation of Rs.10,000/- towards compensation for mental agony would be justified, besides a sum of Rs.5,000/- towards litigation expenses. We further hold that the Complaint in respect of the 1^st Opposite Party is liable to be dismissed.

          In the result the Complaint is partly allowed. The 2^nd Opposite Party is ordered to return the Original Registration Certificate of the vehicle, Yamaha FZ-S, bearing Engine No.21C6027677, Registration No.TN06D-8045 to the Complainant within one month from the date of this order and also to pay a sum of Rs. 10,000/- (Rupees ten thousand only) towards compensation for mental agony, besides a sum of Rs. 5,000/- (Rupees five thousand only) towards litigation expenses.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment. The Complaint in respect of the 1^st Opposite Party is dismissed.  

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 09^th   day of September 2016.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 13.12.2010                   Receipt

 

Ex.A2 dated 17.12.2010                   Receipt

 

Ex.A3 dated 09.10.2012                   No Objection Certificate

 

Ex.A4 dated 04.04.2013                   Legal Notice with postal receipt

 

Ex.A5 dated NIL                     Net tracking of India Posts

 

LIST OF DOCUMENTS FILED BY THE  1^st OPPOSITE PARTY :

Ex.B1 dated 22.12.2010                   Copy of Loan Agreement

Ex.B2 dated 19.07.2011                   Copy of R.C.Book

Ex.B3 dated 25.10.2013                   Copy of extract of NOC issuance register

 

 

MEMBER – II                                                               PRESIDENT