Tamil Nadu

South Chennai

CC/124/2014

K.Shiva Kuamar - Complainant(s)

Versus

Shriram City Union Finance Ltd., - Opp.Party(s)

party in person

19 Aug 2016

ORDER

   Date of Filing :   10.03.2014

                                                                      Date of Order :   19.08.2016

 

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI(SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU. B. RAMALINGAM M.A.M.L.,                     : PRESIDENT

                 TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

                                  

C.C.NO.124/2014

FRIDAY THIS  19^TH DAY OF AUGUST 2016

 

K. Sivakumar,

S/o. P. Kasi,

No.1, New Street,

Chennai 600 033.                                          .. Complainant

                                        ..Vs..

 

The Manager,

M/s. Shriram City Union Finance Ltd.,

NO.621, Sree Mansion,

2^nd Floor, Model School Road,

Anna Salai,

Chennai 600 006.                                           .. Opposite party    

 

 

For the Complainant         :   Party in person.          

For the opposite party      :   M/s. K.V. Ananthakrushnan & other

 

Complaint under section 12 of the Consumer Protection Act 1986.  The complaint is filed seeking direction against the opposite party to give original R.C. book and also to pay a sum of Rs.70,000/- as compensation for mental agony and also to pay a sum of Rs.23000/- as cost of the complaint  to the complainant.

ORDER

THIRU. B. RAMALINGAM PRESIDENT

1.The case of the complainant is briefly as follows:-  

 

The complainant submit that  he has availed vehicle loan with the opposite party and the due in the said loan was  paid by the complainant  on 13.12.2012  and necessary no due certificate dated 13.12.2012 also issued by the opposite party to the complainant.   Despite of his repayment of entire loan the opposite party has not returned the original R.C book of the said vehicle to the complainant which was obtained as security, despite of several demands made by the complainant, as such the non return of the R.C book by the opposite party amounts to deficiency of service and which caused the complainant using the said vehicle  mental agony and hardship.  As such the complainant has sought for to return the original R.C. Book of the said vehicle and also  to pay a sum of Rs.70,000/- as compensation and Rs.15,000/- as compensation for sufferings and litigation expenses and Rs.8,000/- as other conveyance expenses.   Hence the complaint.

Written Version of opposite party is  in briefly as follows:

2.     The opposite party denies all the averments and allegation contained in the complaint except those that are specifically admitted herein.    The opposite party submit that on 12.4.2005 the complainant availed two wheeler loan from the opposite party.  The invoice value of the vehicle was Rs.22,839/-.  The complainant paid an initial amount of Rs.2284/-.  A sum of Rs.20,555/- was sanctioned as loan to the complainant.   The financial interest on the loan was calculated at 12.5% for 36 months at Rs.7,705/-.  Hence the complainant is liable to pay a total amount of Rs.28,260/- to the opposite party.    The complainant agreed to pay the said amount to 36 equal monthly installments at Rs.785/- per month.  The 1^st installment to commence on 7.5.2005 and end with 7.4.2008.  The complainant furnished 9 post dated cheques for 9 EMI and assured to furnish the remaining 27 cheques after collection of the 9 cheques.  After availing the loan, three EMI cheques were returned for “insufficient funds”.   Thereafter the complainant paid one EMI amount along with the bank charges on 18.1.2006. The opposite party approached the complainant several times to pay the outstanding amount.  But the complainant did not turn up.  Hence to recover the outstanding amount, the opposite party initiated arbitration proceedings against the complainant on 10.8.2008.  Despite receiving the notices from the Arbitral Tribunal, the complainant failed to appear and did not dispute his liability.  Hence the exparte award was passed.  Based on the above said award the opposite party filed execution petition before the IX City Civil court, Chennai.  Thereafter the complainant paid part payments on various date and fully settled the amount on 13.2.2012.  After settlement of the case, the complainant  requested for return of original RC book.  Hence the opposite party  informed the complainant that the said original R.C. Book was misplaced and not traceable in their office during the shifting of their office from one place to another place.  Further stated that the same was informed to the complainant that the duplicate R.C.Book will be furnished to the complainant at their cost.  Whereas the complainant has refused for the same and also refused to furnish necessary application  and other document to furnish before the RTO office to get duplicate R.C Book of the said vehicle, without complying the above request made by the opposite party.    As such there is no deficiency in service on the part of the opposite party and the complaint is liable to be dismissed.    

3.     Complainant has filed his Proof affidavit and Ex.A1 to Ex.A6 were marked on the side of the complainant.   Proof affidavit of opposite party filed and no document was not filed on the side of the opposite party.  

4.      The points that arise for consideration are as follows:-

1.   Whether the opposite party  has committed  deficiency of

 service  as alleged in the complaint?

 

2.   Whether the complainant is  entitled for the relief sought for

in the complaint?  If so to what extent ?

 

5.    POINTS 1 and 2 :

Perused the complaint filed by the complainant, the written version filed by the opposite party and the proof affidavit filed by both sides with documents Ex.A1 to Ex.A6 filed on the side of the complainant and considered the both side arguments

6.     There is no dispute that the complainant  has availed vehicle loan with the opposite party and the dues in the said loan was  paid by the complainant  on 13.12.2012  and necessary no due certificate dated 13.12.2012 also issued by the opposite party to the complainant.  The complainant has raised grievance in the complaint that despite of his repayment of entire loan the opposite party has not returned the original R.C book of the said vehicle to the complainant which was obtained as security, despite of several demands made by the complainant, as such, the non return of the R.C book by the opposite party amounts to deficiency of service and which caused the complainant using the said vehicle mental agony and hardship, as such, complainant has filed this complaint for to return the original R.C. Book of the said vehicle and also compensation of Rs.93,000/- under different heads, such as compensation for sufferings, litigation expenses and other conveyance expenses.

7.     Whereas the opposite party has contended that the said original R.C. Book was misplaced and not traceable in their office during the shifting of their office from one place to another place.  Further stated that the same was informed to the complainant that the duplicate R.C. Book will be furnished to the complainant at their cost.  Whereas the complainant has refused for the same and also refused to furnish necessary application  and other document to furnish before the RTO office to get duplicate R.C Book of the said vehicle.  Without complying the above request made by the opposite party, the complainant filed this complaint and claiming compensation  are all not sustainable and the complaint is liable to be dismissed.

8.     Admittedly, as submission made by the complainant the due loan amount of the vehicle availed by the complainant with the opposite party was paid and no due certificate was also issued by the opposite party on 13.12.2012.  Further the complainant has stated despite of his repeated demands and notice sent by the complainant dated 20.1.2014 the opposite party have not returned the said original R.C. Book nor produced any evidence on their side for the contention made in their written version that the said original R.C. Book was misplaced and not traceable and informing the same they requested the complainant for furnishing necessary documents to get duplicate R.C. Book from the concerned RTO Office on their own cost.   Further the complainant’s  vehicle R.C. Book  which was obtained as a security for the vehicle loan availed by the complainant should have been properly maintained in safe custody and has to be returned to the complainant on the repayment of the loan. Whereas misplacement of the said original R.C. Book by the opposite party itself amounts to their negligence and carelessness in maintaining the secured document of their customer.  Further it is also pertinent to mention that,  since it is the practice that such vehicle loan particulars are entered in the original R.C. Book itself through the concerned RTO office, getting the original R.C. Book from the complainant  for  the purpose of security for the loan itself is unnecessary.  Considering the same, such acts of the opposite party is amounts to deficiency of service which caused sufferings and hardship to the complainant in using the vehicle without original R.C. Book in the normal course. 

9.     Further the opposite party having lost the original R.C. Book of the complainant which was in their custody, further bound and duty to report the police and to get necessary non traceable certificate from the police authorities in order to produce the same in RTO office for getting duplicate R.C. Book.   However during the pending proceedings the opposite party has obtained duplicate R.C. book and the same was handed over to the complainant on 19.2.2016  and in this respect the complainant was also filed Memo, dated 13.4.2016 with the copy of duplicate R.C. book.  However considering the facts and circumstances of the case though the opposite party has obtained duplicate copy of the R.C. book and handed over the same to the complainant during the pending of this case even in getting duplicate R.C. book the complainant faced several difficulties in approaching the opposite party office and R.T.O. office in the process of getting the duplicate R.C. book  As such the complainant could have faced hardship and also  incurred conveyance charges in the said process.  Therefore the complainant is entitled to a sum of Rs.5,000/- as unnecessary conveyance charges in getting duplicate R.C. book through opposite party in pending proceedings and also entitled to a sum of Rs.10,000/- in over all sufferings and hardship caused by the opposite party in the missing of the original R.C. book which was in their custody due to their careless and in proper maintenance in keeping the said original R.C. book of the complainant vehicle which would have been returned to the complainant at the time of the said loan discharged by the complainant.   Therefore we are of the considered view that the opposite party is directed to pay a sum of Rs.15,000/- as just and reasonable compensation and also to pay a sum of Rs.5,000/- as cost to the complainant.     Accordingly the points 1 and 2 are answered.

In the result, this complaint is partly allowed, the opposite party is directed to pay a sum of Rs.15,000/- (Rupees Fifteen thousand only) as compensation and Rs.5000/- (Rupees five thousand only) as cost to the complainant within two months from the date of this order failing which the above said amount of Rs.15,000/- will carry interest at the rate of 9% p. a. from the date of this order to till the date of payment.

Dictated to the Assistant transcribed and typed by her corrected and pronounced by us on this the  19^th   day  of  August   2016.

 

 

MEMBER-I                                                                                                PRESIDENT.

Complainant’s Side documents :

Ex.A1-  18.4.2005     - Copy of RC book.

Ex.A2-                    -        - Copy of Statement of Account.

Ex.A3- 13.12.2012     - Copy of NOC certificate.

Ex.A4- 23.9.201        - Copy of City Civil Court Notice.

Ex.A5- 20.1.2014      - Copy of letter from the complainant to the opposite party

Ex.A6-                    -        - Copy of Ack. Card.

 

Opposite party’s side documents: - 

 

.. Nil..

 

 

MEMBER-I                                                                                                     PRESIDENT