By Smt. Padmini Sudheesh, President: The case of the complainant is as follows: The complainant had purchased a T.V.S. Victor Motor bike from Surya Kunnamkulam in the year 2003. It was purchased after availing finance from the respondents as per H.P. agreement numbered 27104505 and which was executed at Surya Kunnamkulam where the respondents had a counter. The first respondent is the head office and 2nd and 3rd respondents are its branches. The Reg. number of the said bike is KL-8W-7403. The respondents kept the original R.C. book stating that the vehicle is in their hypothecation and the R.C. book will be returned only after termination of H.P. agreement. The complainant paid the entire amount due as per the H.P. agreement as on 2005 and had requested the respondents to hand over the original R.C. book and termination letter. The respondents-1 and 2 asked the complainant to contact the 3rd respondent who will make arrangement to give the above said documents. The 3rd respondent asked the complainant to come by December 2006, as it would take some time. The complainant contacted the 3rd respondent many times. But they resorted evasive tactics. The complainant also contacted the respondents-1 and 2. But they too resorted evasive tactics. The complainant wanted to exchange his bike for a new one during Onam season, as there were many offers. Hence this complaint. 2. The respondents are called absent and hence set exparte. 3. To prove the case of the complainant, he has filed affidavit. No document produced. 4. According to the complainant, he had purchased a T.V.S. Victor Motor bike in the year 2003 as per the H.P. agreement with the respondents. The respondents kept the original R.C. book stating that the vehicle is in their hypothecation and which will return after termination of H.P. agreement. The complainant paid the entire amount due as per the H.P. agreement as on 2005 and requested the respondents to hand over the original R.C. book and termination letter. But the respondents did not return the R.C. book and termination letter till this day. There is no evidence produced by the complainant. But he has filed an affidavit and affirmed that he had paid the entire H.P. amount. There is no counter evidence. 5. In the result, the complaint is allowed and the respondents are directed to return the original R.C. book and to give termination letter of hypothecation of the vehicle and further directed to pay Rs.5000/- (Rupees five thousand only) as compensation with Rs.1000/- (Rupees one thousand only) as costs to the complainant within one month. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 26th day of September 2009.
......................Padmini Sudheesh ......................Rajani P.S. ......................Sasidharan M.S | |