By Sri. P. Raveendran, Member:
Brief of the complaint:- The Complainant has purchased a motor cycle bearing registration No. KL 12C 5572. The Complainant has availed loan after hypothecating documents of the vehicle with 1st Opposite Party. The repayment was in 36 instalments from 20.08.2006 to 20.08.2009. The entire amount due to the 1st Opposite Party was paid through Panjab National Bank, Sulthan Bathery. The R.C pledged with 1st Opposite Party was not returned to the Complainant. Even though the Opposite Parties promised the Complainant that the R.C would be returned, the Complainant did not receive the R.C as promised by Opposite Party. The Complainant had entered into an agreement with one Musthafa for sale of the vehicle and an amount of Rs.20,000/- received by the Complainant as advance. But the Complainant could not sell the vehicle due to non availability of the R.C. The Complainant sent a lawyer notice to Opposite Parties. Thereafter also the R.C was not returned. That amounts to deficiency in service. Hence it is prayed to direct Opposite Parties to return the R.C, issue NOC or pay Rs.31,800/- towards compensation since there is deficiency of service on the part of the Opposite Parties. The Opposite Parties are liable to pay litigation expenses in addition to the above amount.
2. Notices were served on both Opposite Parties. They have not appeared before the Forum and not filed any version hence they were set exparty and proceeded with the complaint.
3. On going through the Complaint the following points are to be considered.
Whether there is any deficiency of service on the part of the Opposite Parties?
Relief and cost.
4. Point No.1:- The Complainant has filed his proof affidavit. He has also produced Ext.A1 and Ext.A2 documents. It is clear that the Complainant has availed a loan from Opposite Parties and the same is remitted back to Opposite Party. In Ext.A2 Bajaj Finance admitted that the original R.C book is not traceable at their end and in turn they would help the Complainant to get the duplicate R.C. Book by applying to R.T.O Authorities. In Ext.A2 further stated that they are despatching the original NOC along with Ext.A2 reply notice. But according to the Complainant he has not received the N.O.C. Non returning of R.C Book and not issuing the N.O.C is deficiency of service on the part of the Opposite Parties. Point No.1 is decided accordingly.
5. Point No.2:- In the complaint the Complainant has prayed to direct the Opposite Parties to return the R.C, issue NOC or pay Rs.31,800/- towards compensation and litigation expenses. On perusing the Complaint and other documents produced by the Complainant it is clear that all the transaction made with 1st Opposite Party. Hence we found that the Complainant is entitled to get back the R.C book of KL 12C 5572 with NOC. He is also entitle to get Rs.2,000/- as cost and compensation.
6. In the result the complaint is partly allowed and 1st Opposite Party is directed to return the R.C. Book of Motor Cycle bearing No. KL 12C 5572 with N.O.C to the Complainant. 1st Opposite Party is also directed to pay Rs. 2,000/- (Rupees Two thousand only) towards cost and compensation.
The order is to be complied within 30 days of receipt of this order failing which 1st Opposite Party is directed to pay 10% interest to the above amount from the date of filing the complaint till the payment is made.
Pronounced in open Forum on this the day of 19th March 2011.
Date of filing:22.04.2010.
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
A P P E N D I X
Witness for the Complainant:
Nil.
Witness for the Opposite Parties:
Nil.
Exhibits for the Complainant:
A1 Series. Copy of notice. dt:20.10.2009.
A2. Reply Notice. dt:04.02.2010.
Exhibits for the Opposite Parties:
Nil.
