O R D E R R.Vijayakumar, Member. (2) The complaint is filed seeking direction to opposite parties to issue one key and RC Book of the Vehicle bearing Reg.No.KL2-8072 TVS Victor canceling hypothecation, issuing remittance details, compensation and costs. The averments in the complaint can be briefly summarized as follows. The complainant availed a Vehicle Loan No.F.8077, purchased a TVS Victor GIX brand Motor Cycle and hypothecated the Vehicle with Centurian Bank. One key and RC book were kept by the Bank. The Complainant had remitted all the installments except two installments amounting Rs.4096/-. The complainant is ready to remit the two installments, provided that the key and RC book are to be returned to the complainant. It is known to the complainant that the Centurian Bank was closed and entire records were missing. OP2 and OP3 are now trying to collect maximum amounts from the exditors. The complainant issued a legal notice expressing his willingness to remit the installments even offering an amount of Rs.6000/- and demanding key and RC book after canceling hypothecation entry. The complainant received a notice issued by third opposite party demanding an amount of Rs.10896.74 and threatened that possession of the Vehicle will be recovered and the Vehicle will be sold. The third opposite party is not having any authority to do so. The complainant has no privity of contact with third opposite party. Hence the complaint is filed seeking relief. (3) Even though sufficient opportunities has been given the opposite parties remained absent. Hence set exparte. The complainant filed affidavit. Heard. The points that would arise for consideration are : 1. Whether there is any deficiency in service on the part of opposite party. 2. Compensation and cost. As the opposite party remained absent, we are constrained to relay upon the evidence adduced by the complainant. On perusal of the complaint and affidavit we find that there is deficiency in service on the part of opposite party. The points found accordingly. In the result the complaint is allowed directing the opposite parties to hand over the key and RC book to the complainant canceling hypothecation, on receipt of Rs.6000/- from the complainant. The opposite parties are also directed to pay compensation Rs.1000/- and cost Rs.1000/-. The order is to be complied with within one month of the date of receipt of the order. Dated this the 31st day of May 2010. K.Vijayakumaran : Sd/- Adv.Ravi Susha : Sd/- R.Vijayakumar : Sd/- / / Forwarded by Order / / Senior Superintendent
| | HONORABLE RAVI SUSHA : Member, Member | HONORABLE K. VIJAYAKUMARAN : President, PRESIDENT | HONORABLE VIJYAKUMAR. R : Member, Member | | 
