Tamil Nadu

StateCommission

A/169/2018

Mr.R.Sivakumar, S/o V.Raghavan - Complainant(s)

Versus

The General Secretary, The Nilgiris District Consumer Rights and 2 others - Opp.Party(s)

Ms R.Danalakshmi

23 Feb 2023

ORDER

IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

 

Present: Hon’ble THIRU  JUSTICE R. SUBBIAH  :     PRESIDENT

                 THIRU R   VENKATESAPERUMAL         :      MEMBER

 

F.A. No. 169 of 2018

(Against the order passed in C.C. No.19 of 2015 dated 01.06.2018 on the file of the D.C.D.R.F., Udhagamandalam, Nilgiris District.

 

Thursday, 23^rd day of February 2023

 

R. Sivakumar

S/o. V. Raghavan

No.8/405, Kirthi Nivas

Needle Industries Post

Yellanalli

The Nilgiris – 643 243.                           .. Appellant/1^st Complainant

 

 

- Vs –

 

1.  The General Secretary

     The Nilgiris District Consumer

Right(s) Association

      Udagai, The Nilgiris.                             ..  1^st Respondent/

                                                               2^nd Complainant

    

2.  The Manager,

     Achintya Balaji

     9 Upper Bazaar

     OBC Bank Downstairs

     Ooty – 643 001.                                    ..  2^nd Respondent/

                                                                1^st Opposite Party

 

3.  The Authorised Signatory

     Bajaj Auto Finance Ltd.

     68, West Ponnurangam Road

     Near Annamaar Petrol Bunk

     R.S. Puram, Coimbatore.                       ..  3^rd Respondent/

                                                            2^nd Opposite Party

 

 

 Counsel for the Appellant /1^st Complainant  : M/s. Dhanalakshmi

 

 For Respondents 1 & 3/

    2^nd Complainant & 2^nd Opposite party      : Given Up

 

 For 2^nd Respondent / 1^st Opposite party     :  Served called absent                               

 

                                               

This appeal is coming before us for final hearing on 23.11.2022, and on hearing the arguments of the counsel for the Appellant and on perusing the material records, this Commission made the following :-

 

O R D E R

R.SUBBIAH J., PRESIDENT

                This appeal has been filed under Section 15 of the Consumer Protection Act, 1986 as against the order dated 01.06.2018 passed by the District Consumer Disputes Redressal Forum, Udhagamandalam, The Nilgiris District, in C.C. No.19 of 2015, allowing the complaint in part. 

 

        2.     The case of the complainant before the District Forum is that he is the registered owner of Bajaj Discover 125 CC Motorcycle bearing Regn. No.TN 43 D 3863.  He had purchased the said vehicle from the 2^nd opposite party under hire purchase agreement No.LZWMTPO1160172 dated 08.08.2011. The complainant paid the instalments to the 2^nd opposite party regularly.  After completion of the loan dues, the 2^nd opposite party had issued ‘No Objection Certificate’ and ‘Notice of Termination of Hire Purchase’.  Form 35 of the Regional Transport Office was also duly signed and given along with the No Objection Certificate dated 16.03.2015.  After receipt of the same from the 2^nd opposite party, the complainant approached the 1^st opposite party and submitted the documents in person on 20.04.2015.  While receiving the documents, the 1^st opposite party had promised the complainant to hand over the original documents within one week.  But thereafter, there was no response from the 1^st opposite party.  Although the complainant went to the 1^st opposite party office on several occasions, the documents were not returned to the complainant.  Furthermore, the behaviour of the staff of the 1^st opposite party caused mental stress to the complainant.  Even after completion of payment of the dues, non-issuance of the original RC book and spare keys, is totally against the hire purchase agreement.  Hence, the complainant approached the 2^nd complainant, The Nilgiris District Consumer Rights Association, through whom a legal notice was sent on 24.06.2015, requesting to hand over the original documents.  On receipt of the said notice, the 1^st opposite party had sent a reply on 03.07.2015 stating that they are ready to handover the documents to the complainant immediately.  Hence, the complainant went to the 1^st opposite party but again the documents were not handed over and the complainant returned back with empty hands.  Since the original RC book and the spare keys were not returned to the complainant, even after repaying the loan amount, alleging deficiency of service on the part of the opposite parties, the complainant filed the complaint, seeking to direct the opposite parties to pay a sum of Rs.95,000/- as compensation for mental torture, agony and physical orders and a sum of Rs.5000/- towards the cost of the complaint.

 

        3.   Denying the allegations made by the complainant, the opposite parties had filed their objections stating that after repaying the full due amount of hypothecation to the 2^nd opposite party, the complainant approached the 1^st opposite party on one day, in the evening, at about 06.45 pm.  Actually, the working hours of the office of the 1^st opposite party is 10.00 am to 05.00 pm.  Hence, when the complainant visited the office of the 1^st opposite party, the in-charge Ms.Priya had left the office.  Another staff available in the office, had asked the complainant to come on the next day during office hours.  But the complainant had rudely threatened, stating that he would take action against the 1^st opposite party in due course.  The next day, the 1^st opposite party called the complainant over phone and informed him that he would personally handover the RC book at his residence.  But the same was refused by the complainant.  Thereafter, the complainant had not visited the office of the 1^st opposite party.  In fact, the 1^st opposite party office are working on Saturdays.  But the complainant has not chosen to visit the office of the 1^st opposite party on Saturdays.  The 1^st opposite party had contacted the complainant over phone for more than 10 times but there was no response.  Even now, the 1^st opposite party is prepared to hand over the necessary documents.  Therefore, there is no deficiency of service on the part of the opposite party and sought to dismiss the complaint.

 

        4.  In order to prove the case, on the side of the complainant, along with proof affidavit 6 documents were filed and the same were marked as Ex.A1 to A6.  Despite sufficient notices, the opposite parties have not come forward to file either proof affidavit or any document.  Hence, they were set ex-parte before the District Forum.

 

        5.  The District Forum, on analyzing the entire evidence and records, had come to the conclusion that there is no deficiency of service on the part of the opposite parties.  However, the opposite parties were directed to hand over the original RC Book and the spare keys to the complainant, within a period of one month from the date of the order.   Aggrieved over the same, the present appeal has been filed by the complainant.

 

        6.  There is no representation for the opposite parties. Keeping in mind the submission made by the Counsel for the Appellant, we have carefully gone through the entire material available on record. 

 

        7.  First of all, we find no case has been made out for deficiency of service against the opposite parties.  The allegations are vague and bald and that the same do not even suggest any proper cause of action against the Opposite parties.  When the opposite parties are ready and willing to hand over the original RC Book and the spare keys to the complainant, after repayment of full loan amount, the complainant ought to have approached the 1^st opposite party in person, to receive the same.  Instead of doing so, with the vague allegations the complaint has been filed.  Though the Appeal is liable to be dismissed with heavy cost, we refrain from doing so. 

 

        8.  Therefore, we find no merit in this appeal and the appeal is dismissed.  No order as to costs.

 

 

R   VENKATESAPERUMAL                             R.SUBBIAH

         MEMBER                                            PRESIDENT

 

 

Index :  Yes/ No

AVR/SCDRC/Chennai/Orders/February/2023