IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.A.T.Munnoli<br /> B.A., L.L.B (Spl.) - President <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 342/09 DATED 18.11.2009<br /> ORDER<br /> <br /> Complainant Sri. Balakrishna S/o B.V. Subbhashetty, R/at Main Road, Begur village and post, Gundlupete Taluk, Chamarajanagara District.<br /> <br /> (By Sri. M.S. Rajappa, Advocate)<br /> <br /> Vs. <br /> Opposite Party 1. Head Office: Chief Manager, TATA Motors Ltd., 2nd floor, C-33, Ramakrishna Metal Works, Opposite to I.T.I. Near Maruthi Service Centre, Road, No.28, Vegal Estate, Tane-400604.<br /> 2. Branch Office: The Manager, TATA Motors Branch Code T.M.M.Y. Branch name B.M.S. Mysore Branch, No.189-K.10, Corner Store, down stair, Ramavilasa Road, K.R. Mohalla, Mysore.<br /> ( exparte)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 09.09.2009<br /> Date of appearance of O.P. : <br /> Date of order : 18.11.2009<br /> Duration of Proceeding : <br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> Sri. A.T.Munnoli,<br /> President<br /> <br /> 1. Under Section 12 of the Consumer Protection Act the complainant has filed the complaint against the opposite parties seeking a direction to hand over all the original documents in respect of KA10 M 0670, along with key and clearance certificate and so also no objection certificate and compensation of Rs.2,000/-.<br /> <br /> 2. It is alleged in the complaint that the complainant raised loan of Rs.4,78,800/- on 27.07.2006 from the opposite parties. The loan was to be repaid by 36 monthly installments of Rs.13,300/-. The first installment was paid on the date of purchase of the vehicle. In respect of remaining 35 installments the opposite parties obtained 35 signed cheques from the complainant of Kaveri Calpatharu Grameena Bank, Begur Branch. As agreed the complainant had sufficient balance every month to honour of the said cheques. The opposite parties have accordingly drawn the amount of all the cheques. No cheque has been bounced. The hypothecation agreement came to an end on 27.07.2009. The complainant approached the opposite party to issue necessary documents and clearance certificate and the key. The opposite parties told that complainant is liable to pay overdue of Rs.8,032/- and installments of Rs.18,052/-. Hence, the opposite parties told the complainant that documents can be returned only, if he pays the said amount. It is stated, since sufficient balance was kept in the account and the opposite parties have obtained advance cheques, there is no question of overdue. It is only on account of negligence on the part of the opposite parties. The complainant is liable to pay only last installment, for which sufficient balance is in the bank account. The complainant has no objections to draw the last installment amount, for which cheque has already been given. On these grounds, it is prayed to allow the complaint.<br /> 3. In spite of due service of notice, both the opposite parties have remained exparte.<br /> <br /> 4. To prove the facts alleged in the complaint, the complainant has filed his affidavit and also produced certain documents. We have heard the arguments and perused the material on record.<br /> <br /> 5. Now, the points for our consideration is whether the complainant has proved any deficiency in service on the part of the opposite parties and that he is entitled to the reliefs sought.<br /> <br /> 6. For the following reasons our finding is in affirmative.<br /> <br /> <br /> REASONS<br /> <br /> 7. Despite due service of notice both the opposite parties have remained exparte and the facts alleged in the complaint and stated in the affidavit by the complainant, remained unchallenged. To substantiate the said facts, complainant has produced certain documents.<br /> <br /> 8. It is submitted by the complainant that loan was to be repaid in 36 installments, each of Rs.13,300/-, and the first installment was paid on the date of purchase of the vehicle. The remaining 35 installments were to be paid every month, for which the opposite parties have taken advance signed cheques from the complainant. As submitted for the complainant, the opposite parties did not present the cheques to the bank for encashment regularly. Because of negligence on the part of the opposite parties, the cheque amount being not drawn regularly, the installments have not been adjusted every month. This submission is prima-facie established from the facts stated in the affidavits and the statement of the bank. At the cost of repetition, the case put forth by the complainant is not at all denied by the opposite parties. Hence, under the circumstances, we have no reason to disbelieve the case of the complainant.<br /> <br /> 9. What ever may be the reason, for non-presenting the cueques to the bank for encashment in time. The complainant has done his duty in issuing the advance cheques and hence, the claim of the opposite parties that the complainant is liable to pay overdue amount, cannot be accepted. The complainant is not liable to pay any overdue charges.<br /> <br /> 10. It is also submitted, fro the complainant that last one installment is not collected by the opposite parties, for which also advance cheque has been given. It is submitted for the complainant that always he kept sufficient fund in the account, for honour of the cheques and he has no objections for the opposite parties to withdraw the amount of the last installment through the cheque that he has already given.<br /> <br /> 11. The complainant claims that, in spite of the facts referred to above, after expiry of the agreement of hypothecation the opposite parties have not complies the request in returning the document and the key of the vehicle, clearance certificate and no objection certificate. Under the circumstances, there being no fault on the part of the complainant, he has established deficiency in service on the part of the opposite parties. Accordingly, we pass the following order.<br /> <br /> ORDER <br /> 1. The complaint is allowed.<br /> 2. The opposite parties jointly and severally are hereby directed to return all the original documents, including the key of the vehicle KA10 M 0670 to the complainant and also loan clearance certificate as well as no objection certificate to get the hypothecation cancelled from the appropriate authorities, within a month from the date of the order.<br /> 3. The opposite parties are at liberty to draw the amount of the cheque for Rs.13,300/- in respect of the last installment.<br /> 4. Further the opposite parties jointly and severally are hereby directed to pay a sum of Rs.2,000/- to the complainant towards mental agony and inconvenience caused.<br /> 5. Give a copy of this order to each party according to Rules.<br /> <br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 18th November 2009)<br /> <br /> <br /> <br /> (A.T.Munnoli) <br /> President <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br /> <br /> <br /> <br /> <br />