BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, VELLORE DISTRICT AT VELLORE. PRESENT: THIRU. A. SAMPATH, B.A., B.L., PRESIDENT TMT. G. MALARVIZHI, B.E. MEMBER – I THIRU. K. DHAYALAMURTHI,B.SC. MEMBER – II CC. 16 / 2009 TUESDAY THE 25th DAY OF OCTOBER 2011. G. Goushe Basha, S/o. Washid Basha, No.11, Arjuna Mudali Street, Gudiyattam. … Complainant. - Vs – 1. Shriram Chits TN (P) Ltd., Rep. by its Divisional Manager, No.149, Gream Dugan, Greams Road, Chennai. 2. Shriram Chits TN (P) Ltd., Rep. by its Divisional Manager, No.73, GPM Street, Gudiyattam. … Opposite parties. . . . . This petition coming on for final hearing before us on 24.10.2011, in the presence of Thiru. R. Ravi, Advocate for the complainant and Thiru. M. Balaji, Advocate for the opposite parties 1 & 2 and having stood over for consideration till this day, the Forum made the following: O R D E R Pronounced by Thiru. A. Sampath, President of the District Consumer Disputes Redressal Forum, Vellore District. 1. The brief facts of the case of the complainant is as follows: The complainant has borrowed a loan amount sum of Rs.14,190/- from the 2nd opposite party on 10.8.07 to buy a two wheeler vehicle Splender Plus No.TN23 M 9020. The 1st opposite party is the superior officer of the 2nd opposite party. The complainant had surrendered his vehicle Registration Certificate Book to the 2nd opposite party, along with the original purchase bills for the said loan amount. He is cleared the loan amount to the 2nd opposite party, and as per terms and condition, but after the several request made by the complainant, the 2nd opposite party is not return the R.C Book. Due to the careless of the 2nd opposite party, the complainant is suffering a lot without R.C. Book and unable to use his vehicle. Further the complainant is working as sales representative in consumer items and hence the complainant is very essential use of the above said vehicle but without RC book the complainant is not able to do his business and also had suffered heavy money loss. The complainant had issued a legal notice to the opposite party on 17.10.08. After receiving the legal notice, the 1st opposite party alone given reply to the complainant. Hence there is deficiency in service on the part of the opposite parties. The complainant prays this Forum for directing the opposite parties to pay a sum of Rs.2,00,000/- as damages for mental agony, inconvenience, hardship caused to the complainant due to the deficiency in service and unfair trade practice of the opposite parties along with the interest at the rate of 18% p.a. and to pay a sum of Rs.5000/- towards cost of this proceedings. 2. The averments in the counter filed by the 2nd opposite party and adopted by the 1st opposite party are as follows: The opposite parties denies the allegation made in the complaint except those that are specifically admitted herein and as regards the rest the complainant is put to strict proof of the same. It is true that the complainant availed loan from the 2nd opposite party to the tune of Rs.14,190/- to purchase a two wheeler vehicle namely Splender Plus bearing registration No.TN.23-M-0-9020. Further the complainant’s R.C book also kept by the opposite party till the repayment of the loan amount and the officials of the opposite party misplaced the complainant’s R.C. Book beyond traceable. Hence the opposite party sought time to trace out the R.C. Book and find out the same in the month of May 2009. But unfortunately the opposite party’s staff namely one Kumaresan lost the complainant’s R.C. book while he was returning to his home at Gudiyattam. As per the instructions given by the 1st opposite party, complaint also lodged before the Gudiyattam Town Police Station regarding the missing of R.C. Book and obtained a missing certificate from the S.I. of Police, Gudiyattam Town Police Station which will crystal clearly reveals the aforesaid facts. While the matter stood thus, the complainant came with a vague complaint and placing several bald allegations against the opposite party for no fault on his part. Further the complainant has not filed any document to show that he is working as a sales representative in Consumer items and the complaint failed to mention specifically in what way he suffered heavy money in his business without the R.C. Book. The complainant failed to mention when and where the police officials enquired about the R.C. Book and whether the complainant constrained to pay a fine amount for not in the possession of R.C. book. The only intention is taking advantage of the R.C. book missing, the complainant wants to grab money from the opposite parties in the name of compensation. He never specifically mentioned about his sufferance on a particular day and in what way it has been occurred. The opposite party is always ready to arrange for a duplicate R.C. book from the concerned R.T.O. office, and also takes expeditious steps to get the duplicate R.C. Book. The complainant is not liable to get any relief in the complaint. 3. Now the points for consideration are: a) Whether there is any deficiency in service, on the part of the opposite parties? b) Whether the complainant is entitled to the reliefs asked for?. 4. Ex.A1 to Ex.A6 were marked on the side of the complainant and Ex.B1 was marked on the side of the opposite parties. Proof affidavit of the complainant and Proof affidavit of the opposite parties have been filed. No oral evidence let in by either side. 5. POINT NO. a) It is admitted case of the parties that the complainant has availed loan from the 2nd opposite party to the tune of Rs.14,190/- on 10.8.07 to purchase a two wheeler vehicle Splender Plus No.TN.23 M 9020. The complainant’s R.C. book also kept by the 2nd opposite party till the repayment of the loan amount. As per the terms and conditions the complainant cleared the loan amount but the 2nd opposite party did not returned the R.C. book to the complainant. 6. The complainant contended that due to the careless of the 2nd opposite party, the complainant is suffering a lot without R.C. Book and unable to use his vehicle. Therefore he issued a legal notice to the opposite parties on 17.10.08 but the 2nd opposite party is not given the R.C. Book to the complainant. Hence there is a deficiency in service on the part of the opposite parties. 7. The opposite parties contented that the officials of the 2nd opposite party misplaced the complainant’s R.C book beyond traceable. Hence the opposite party sought time to trace out the R.C. book and find out the same in the month of May 2009. But unfortunately the opposite party’s staff namely one Kumaresan lost the complainant’s R.C. book while he was returning to his home at Gudiyattam. As per the instructions given by the 1st opposite party, complaint also lodged before the Gudiyattam Town Police Station regarding the missing of R.C. book and obtained a missing certificate Ex.B1 from the said Police Station. The only intention is taking advantage of the R.C. book missing the complainant wants to grab money from the opposite parties in the name of compensation. The opposite parties are always ready to arrange for a duplicate R.C. book from the concerned R.T.O. office, and also takes expeditious steps to get the duplicate R.C. book. The complainant is not co-operative with the 2nd opposite party. 8. The 2nd opposite party’s Assistant Legal Officer stated in her proof affidavit that the officials of the 2nd opposite party misplaced the complainant’s R.C. book beyond traceable. So she sought time to trace out the R.C. book and find out the same in the month of May 2009. But unfortunately the staff namely one Kumaresan lost the complainant’s R.C. book while he was returning to his home at Gudiyattam. As per the instructions given by the 1st opposite party, complaint also lodged before the Gudiyattam Town Police Station regarding the missing of R.C. book. From the perusal of certificate Ex.B1, dt. 23.12.09 issued by the Sub Inspector of Police, Town Police Station, Gudiyattam. It is mentioned as follows: I certified that Mr. A. Kumaresan, C/o. Sri Ram Chits Tamil nadu (P) Limited, G.P.M. Street, Gudiyattam, Vellore District, Tamil Nadu. He was lodged a report that, he was missed his original R.C. Book. (Name : Gouse Basha, S/o. Wasith Basha, Hero Honda Plus TN 23 M 9020) at near New Bus Stand, Gudiyattam on 5.6.2009. in this connections. All efforts have been taken to trace out the same, but it vain. This is for kind information. Therefore it is clear that the staff of the 2nd opposite party lost the complainant’s R.C. book on 5.6.09 at near New Bus Stand, Gudiyattam. Further the 2nd opposite party stated in her proof affidavit that he always ready to arrange for a duplicate R.C. book from the concerned RTO office. During the course of arguments the learned counsel for the 2nd opposite party has also stated before this Forum that the 2nd opposite party requested the complainant to furnish the copy of records of the said vehicle to take steps to get the duplicate R.C. book from the concerned RTO office, but the complainant is not co-operate with the 2nd opposite party till this date. 9. The 2nd opposite party has proved through the certificate Ex.B1, dt. 23.12.09 that the 2nd opposite party staff namely one Kumaresan lost the complainant ‘s RC book while he was returning to his home at Gudiyattam Bus stand and complaint also lodged before the Gudiyattam Town Police Station regarding the missing of RC book. After fling this compliant the 2nd opposite party has filed his counter on 24.5.2010. Even in his counter he stated that he always ready to arrange for a duplicate RC book from the concerned RTO office and also takes expeditious steps to get the duplicate RC book. The 2nd opposite party has filed the proof affidavit of his legal officer on 21.2.2011. In the Proof affidavit, the Assistant legal officer stated that she is always ready to arrange for a duplicate RC book from the concerned RTO office and also takes steps to get the duplicate RC Book. It is seen that till this date the complainant has not approached before the 2nd opposite party to get the duplicate RC book from the concerned RTO office. Therefore the contention of the complainant that due to carelessness of the 2nd opposite party the complainant is suffering a lot without RC book is not acceptable. 10. According to the complainant that the complainant is working as sales representative in consumer items and without RC book the complainant is not able to do his business and also had suffered heavy money loss. But the complainant did not mentioned the above contention in the legal notice Ex.A2, dt.17.10.08. Further there is no documents on the side of the complainant to prove the complainant is working as sales representative in consumer items and without RC book the complainant is not able to do his business and he had suffered heavy money loss. 11. Hence, taking all the above facts into consideration from the contention in the complaint and the counter, as well as proof affidavit of the complainant, and from the documents Ex.A1 to A6 and Ex.B1, we have come to the conclusion that the complainant herein has not clearly proved the deficiency in service on the part of the opposite parties herein. Hence we answer this point (a) as against the complainant herein. 12. POINT NO : (b ) In view of our findings on points (a), since, we have come to the conclusion that the complainant herein has not clearly proved the deficiency in service on the part of the opposite parties herein. We have also come to the conclusion that the complainant is not at all entitled to any relief asked for by him in this complaint. Hence we answer this point (b) also as against the complainant herein. 13. In the result, this complaint is dismissed. No costs. Dictated to the Steno-typist and transcribed by her, corrected and pronounced by the President, in Open Forum, this the 25th day of October 2011. MEMBER-I MEMBER-II PRESIDENT. List of Documents: Complainant’s Exhibits: Ex.A1 - -- - X-copy of RC. Ex.A2 – 17.10.08 - X-copy of legal notice. Ex.A3- 18.10.08 - Courier Receipt. Ex.A4- 3.11.08 - Reply notice. Ex.A5- -- - X-copy of letter by the complainant to the 2nd opposite party. Ex.A6- -- - X-copy of Statement of Account. Opposite parties’ Exhibits: Ex.B1- 23.12.09 - X-copy of Missing Certificate issued by S.I. of Police, Gudiyatham. MEMBER-I MEMBER-II PRESIDENT.
| | [HONABLE MRS. Hon'ble Tmt G.Malarvizhi, B.E] MEMBER[ Hon'ble Thiru A.Sampath, B.A., B.L] PRESIDENT[HONABLE MR. Hon'ble Tr K.Dhayalamurthy, Bsc] MEMBER | | 
