IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,

Dated this the 20^th day of September, 2010.

Present : Sri. Jacob Stephen (President).

Smt. C. Lathika Bhai (Member)

N. Premkumar (Member)

C.C.No.86/10 (Filed on 15.06.2010)

Between:

K.G. Mohanan,

Kuttiyil Veedu,

Ponnampara, Karikulam,

Athikkayam, Ranni.                                                      ....      Complainant

And:

Renjith Mohanan,

Palanilkkunnathil,

Ponnampara, Karikulam,

Athikkayam, Ranni.                                                      ....      Opposite party.

O R D E R

Sri. Jacob Stephen (President):

                   The complainant has filed this complaint against the opposite parties for getting a relief from the Forum.   

                 2. The complainant’s case is that he had purchased a motorcycle bearing Reg.No.KL.03 N/3613 (Bajaj CT 100) from the opposite party for ` 14,000/- on 18.6.2009 on executing an hire purchase agreement between the complainant and the opposite party.  As per the terms and conditions of the agreement the possession of the vehicle was handed over to the complainant on the date of execution of the agreement.  Since the said vehicle was hypothecated by the opposite party with Indian Bank, Mandiram Branch, the original R.C. Book and other connected documents of the vehicle were with the bank.  So in the said agreement opposite party agreed that he will collect the documents from the bank and will be given to the complainant within 30 days from the date of execution of the agreement.  But the opposite party has not collected the records from the bank or given it to the complainant so far irrespective of the complainant’s request and in violation of the terms and conditions of the agreement.  According to the complainant, the above said act of the opposite party is an unfair trade practice and deficiency in service, which caused mental agony to the complainant, hence this complaint for an order for directing the opposite party to give the documents to the complainant along with compensation of ` 1,000/- for mental agony and cost of this proceedings.

                   3. In this case, the opposite party has not turned up irrespective of the notice of this Forum.  Hence opposite party is set exparte.

                   4. On the basis of the complainant’s allegations against the opposite party, the only point to be considered is whether this complaint can be allowed or not?

                   5. The evidence in this case consists of the proof affidavit in lieu of chief examination filed by the complainant and Ext.A1.  After closure of the evidence, the complainant was heard.

                   6. The Point:-  The complainant’s allegation is that the original R.C. Book and connected documents of his motorcycle purchased from the opposite party is not given to the complainant in compliance of the agreement executed between the parties and the above said act of the opposite party is unfair trade practice and deficiency in service.

         7. In order to prove the complainant’s case, the complainant had filed a proof affidavit narrating his case in lieu of chief examination along with one document.  The document produced by the complainant is marked as Ext.A1 on the basis of the proof affidavit.  Ext.A1 is an agreement executed between the complainant and opposite party on 18.6.09 in connection with the purchase and sale of the motorcycle bearing Reg.No.KL.03 N/3613 owned by the opposite party.

                   8. Since the opposite party is exparte, the complainant’s allegation against the opposite party stands proved as unchallenged.  As per the recitals in Ext.A1 document, opposite party is bound to collect the documents from the bank and return it to the complainant.  The said act of the opposite party is a clear violation of the terms and conditions of Ext.A1 agreement and is a deficiency in his service promised by the opposite party.  So the opposite party is liable to the complainant.  Therefore, this complaint is allowable with cost and compensation.

                   9. In the result, this complaint is allowed thereby the opposite party is directed to return the original R.C. Book of the motorcycle of the complainant and other connected documents to the complainant.  Opposite party is also directed to pay ` 500/- (Rupees Five hundred only) as compensation and ` 250/- (Rupees Two hundred and fifty only) as cost to the complainant.  The complainant is directed to comply this order within 15 days from the date of receipt of this order, failing which the complainant is allowed to realise Rs.14,000/- (Rupees Fourteen Thousand only) the price of the vehicle, from the opposite party with compensation and cost ordered herein above.

                   Declared in the Open Forum on this the 20^th day of September, 2010.

                                                                                                        (Sd/-)

                                                                                                Jacob Stephen,

                                                                                                   (President)

Smt. C. Lathika Bhai (Member)                 :         (Sd/-)

Sri. N. Premkumar (Member)           :         (Sd/-)

Appendix:

Witness examined on the side of the complainant:  Nil.

Exhibits marked on the side of the complainant:

A1     :  Terms and Conditions of the agreement dated 18.6.2009 executed    

             by the complainant and opposite party.

Witness examined on the side of the opposite party:  Nil.

Exhibits marked on the side of the opposite party:    Nil.

                                                                                      (By Order)

                                                                                Senior Superintendent

Copy to:- (1) K.G. Mohanan, Kuttiyil Veedu, Ponnampara, Karikulam,

                       Athikkayam, Ranni.                              

       (2) Renjith Mohanan, Palanilkkunnathil, Ponnampara,  

             Karikulam, Athikkayam, Ranni.

        (3) The Stock File.