Date of filing                        : 20-11-2008

                                                                        Date of order                       : 01-06-2009

 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                CC.254/08

                        Dated this, the Ist day of June 2009

PRESENT

SRI.K.T.SIDHIQ                                            : PRESIDENT

SMT.P.RAMADEVI                                                : MEMBER

SMT.P.P.SHYMALADEVI                         : MEMBER

Unnikannan. PV,

Parambath Veedu, Pollappoil,                  }  Complainant

Kodakkad.Po. Kasaragod. 671357.

(in Person)

1. Poineer Motors, Kasaragod.

(Adv. Madhavan Malangad, Kasaragod)            } Opposite parties           

2. Centurian Bank of Punjab

    Now HDFC Bank, Calicut.

(Adv. K.N.Shetty, Kasaragod)

                                                            O R D E R

SRI.K.T.SIDHIQ, PRESIDENT

            The complainant Unnikanan. P.V, purchased a Yamaha Libero Motorcycle from Opposite party No.1 M/s Pioneer Motors, Kasaragod with the loan arranged by them from opposite party No.2 Centurian Bank (Now HDFC Bank).  Eventhough he cleared the entire loan much before the due date original RC and duplicate key of the bike were not returned.  Though he approached the office of the HDFC bank situated at Kasaragod and Kozhikode his request for the return of the original RC and the key was not materialized.  Therefore now he cannot ply the bike for want of original RC.  Hence the complaint alleging deficiency in service on the part of opposite parties.

2.            According to opposite party No.1 they are only the dealers of the motorcycle.  They have nothing to do with the finance agreement with the HDFC Bank. The original RC, Insurance certificate, Tax token and the key of the vehicle is not in their custody and they are unnecessary parties to the proceedings.

3.            Opposite party No.2 in their version contended that they have not received the RC and key of the said vehicle from opposite party No.1 dealer who has undertaken the work of repairing the vehicle.  Therefore the remedy left to the complainant is to approach the opposite party No.1 dealer for the original RC and key and opposite party No.2 is unnecessary party to the proceedings.

4.            Complainant adduced evidence as PW1 and Exts A1 to A3 marked.  For opposite party No.1 no oral or documentary evidences were adduced.  For opposite party No.2 the Assistant Manager, Legal examined as DW1 and no documents were produced.

5           As per the version of opposite party No.2 they have not received the RC & Key of the vehicle of the complainant from opposite party No.1.  This would goes to show that all the arrangements for the finance is done by opposite party No.1 the dealer of the motor cycle as deposed by PW1 and it was the duty of opposite party No.2 to collect the RC and key from opposite party No.1.  The failure to collect the said documents from opposite party No.1 and to return back them to the complainant after  the closure of the loan is definitely a deficiency in service. 

6.         We have come across a number of complaints alleging deficiency in service on the part of banks and financial institutions who failed to return the vehicle documents and cheques collected as security at the time of executing loan agreement though the entire dues are paid by the customer.  No doubt it will cause much mental agony and sufferings to the customers. Therefore this is a fit case to order payment of punitive compensation. As held by the Hon’ble Apex court punitive compensation has to be awarded not only to recompense the aggrieved but also to make a qualitative charge in the minds of the wrong doers.

Therefore the complaint is allowed and the opposite party No.2 the HDFC Bank is directed to return the original RC of the vehicle bearing Reg.No.KL-14 F 1480 with the key to the complainant along with a compensation of Rs.10,000/- for the loss hardships and mental agony suffered by the complainant and  a cost of Rs.2000/-.  In the event of failure to return the original RC and the key then opposite party No.2 shall pay an additional   compensation of Rs.5,000/-.  Had the opposite party No.2 got a case that the opposite party No.1 is liable to return the documents with key then opposite party No.2 can recover the said amount of compensation through appropriate legal proceedings from opposite party No.1 after paying the same to the complainant.  However opposite party No.1 is exonerated from liabilities in this proceedings.  Time for compliance is limited to one month from the date of receipt of copy of order.

MEMBER                                           MEMBER                                           PRESIDENT

Exts.

A1. Photocopy of RC.

A2. Photocopy of Loan Enquiry/Termination Request form.

A3. Statement of loan

PW1. Unnikannan.

DW1. Unnikrishna Kurup.

MEMBER                                           MEMBER                                           PRESIDENT

Pj/