This is an appeal filed by org. O.P.Nos.2&3 against the judgement and award passed in consumer complaint No.1821/2009. By allowing the complaint partly, Forum below directed the Bank to return Registration Book to the complainant in respect of his vehicle within 30 days from passing of the order or else for every days delay, penalty of Rs.100/- has been imposed till its return. The Bank is also directed to pay to the complainant Rs.15,000/- for mental harassment and Rs.3,000/- towards cost. Aggrieved by this order, Bank has filed this appeal. The facts to the extent material may be stated as under :- The complainant had purchased TVS Star City from O.P.No.1/Pores Auto and he had procured vehicle loan from O.P.Nos.2&3/HDFC Bank. He had repaid the loan amount with interest and Bank had also issued ’Loan Nil Certificate’ to the respondent. But, it was grievance of the complainant that Bank had not returned the Registration Book in respect of said vehicle to the complainant despite full repayment of loan. Complainant had approached O.P.No.1 and O.P.Nos.2&3 requesting them to give him Registration Book but both of them did not return the said Registration Book. Ultimately, complainant sent registered notice through his Advocate Mr.Kamlesh Limaye on 09/04/2009. Despite receipt of Advocate’s notice, neither O.P.No.1 nor O.P.Nos.2&3 gave back Registration Book of the complainant and ultimately, complainant who was going to sell the vehicle to somebody else could not sell the vehicle for want of Registration Book. Hence, he filed consumer complaint alleging deficiency in service on the part of O.P.No.1 and O.P.Nos.2&3. Complaint was contested by O.P.No.1, but, was not contested by O.P.Nos.2&3. They have preferred to remain absent. Therefore, they were proceeded ex-parte. O.P.No.1 clearly stated that they had given said Registration Book to O.P.No.2/Bank and he produced certain pages from his Register to show that he had given Registration Book of this vehicle to the Bank. Considering the affidavits and documents placed on record, Forum below was pleased to exonerate O.P.No.1 but held O.P.Nos.2&3 guilty of deficiency in service in not returning Registration Book to the complainant and passed the award against the O.P.Nos.2&3. As such O.P.Nos.2&3 have filed this appeal. We heard Mr.Ashutosh Marathe, Advocate for the appellant and Mr.Sudhir Jagtap, Advocate for respondent No.1. None is present for respondent No.2. We are finding that the order passed by the Forum below against the appellants is proper, just and sustainable in law. It is tried to be contended by Advocate Mr.Marathe for the appellants how could respondent No.1 ply said vehicle without Registration Book. It was contention of the Bank that Registration Book was given by the dealer to the complainant at the time of giving delivery of the vehicle. But, then from the written statement of O.P.No.1 it has come on record that Registration Book was sent by O.P.No.1 to O.P.No.2 and O.P.No.2 had received said Registration Book and since then it was lying with O.P.No.2/Bank. O.P.No.1 had also sent notice to Bank requesting them to return the Registration Book to the complainant. But, Registration Book was not returned. Ultimately, complainant had also sent Lawyer’s Notice to both the parties. HDFC Bank did not send reply to the said notice. Their silence speaks volumes about the deficiency in service it committed, otherwise they would have sent reply to the said notice, but they kept mum. It shows that they were in possession of Registration Book belonging to the complainant. Taking all these facts into account, Forum below directed the Bank to return the Registration Book within 30 days from passing of award and also directed to give to the complainant Rs.15,000/- towards mental harassment and Rs.3,000/- towards costs. We are finding that in the circumstances obtainable, the order passed by the Forum below is just, proper and there appears to be no merit in the appeal preferred by the Bank. Moreover, this complaint was decided ex-parte since appellants decided not to contest the matter. When this is so, hardly we can do anything in this matter. What is pertinent to note is the fact that after passage of the award, Bank had prepared Registration Book and in compliance of the award, handed over duplicate Registration Book to the complainant. This conduct itself shows that the Bank is deficient in service. Therefore, the award passed by the Forum below is quite correct and does not call for any interference by this Commission exercising appellate jurisdiction. In the result, we pass the following order :- -: ORDER :- 1. Appeal is dismissed. 2. Parties are left to bear their own costs. 3. Amount deposited by the appellant/Bank be paid to the respondent No.1 towards part satisfaction of the award. 4. Copies of the order be furnished to the parties. | 
