By Jayasree Kallat, Member:

            The complainant had purchased an Opel Corsa by availing finance from the opposite party.  The opposite party had obtained an endorsement in the registeration certificate of the vehicle on which the loan was taken.  Opposite party had also retained the second key of the same vehicle with them.  Opposite party had promised to return the second key on the complete remittance of the loan amount.  The complainant had paid all the monthly instalments without any default.  After the completion of the payment complainant approached the opposite party to cancel the financier’s higher purchase endorsement on the registeration certificate of the vehicle and also to take back the second key from the opposite party.  But the opposite party failed to return the second key.  The complainant repeatedly demanded but the opposite party was unable to give back the second key.  The complainant, after enquiry came to know that the second key was untraceable.  The only safe alternate was for him to make arrangements to get the entire lock system replaced.  The complainant cannot use his vehicle safely because of the loss of the second key, fearing that the second key might be in the hands of some other person who would make use and take away complainant’s vehicle.  The complainant had to suffer these inconveniences and discomforts due to the deficiency of the opposite party.  Hence this complaint.

            Opposite party filed a version denying the averments in the complaint except those that are expressly admitted.  The opposite party admits the fact that the complainant had availed a higher purchase loan for purchasing a car.  Opposite party denies that the keys of the complainant’s vehicle was kept in opposite party’s custody.  There is no deficiency on the part of the opposite party. The complainant is not entitled to any relief.

            The point for consideration is whether the complainant is entitled for the relief sought in the petition?

            Complainant was examined as PW1 and Ext.A1 to A4 were marked on complainant’s side.  There was no evidence neither oral nor documental from the side of opposite party, even though opposite party was given ample time.  On 27-1-09 opposite party prayed time for evidence.  It was posted to 13-2-09.  Again opposite party sought time.  For the next posting on 13-3-09 opposite party was absent.  Opposite party was given one more chance and on 21-4-09 as the opposite party was absent, opposite party was set exparte.

            The complainant’s case is that he had availed a loan from the opposite party.  Opposite party had retained the duplicate key and agreed to return back the key on completion of the remittance of the loan amount.  But the opposite party failed to give back the duplicate key.  The complainant had repeatedly requested for the second key fearing that the duplicate key would have fallen in the hands of some persons who might misuse and take away the complainant’s vehicle or use the complainant’s vehicle for some illegal purpose.  The complainant had suffered mental agony because of the negligence of opposite party.  In our opinion the complainant is entitled for the relief sought in the petition.

            In the result the petition is allowed and opposite party is directed to pay an amount of Rs.2500/- charge of replacing the lock system along with a compensation of Rs.1000/- for the inconveniences suffered and also a cost of Rs.500/- to the complainant within one month from the date of receipt of the copy of the order.

Pronounced in the open court this the 22nd day of May 2009.

                                Sd/-                                             Sd/-

                        PRESIDENT                                      MEMBER

APPENDIX

Documents exhibited for the complainant.

A1.  Photocopy of Statement of accounts issued by O.P. to the complainant.

A2.  Photocopy of Registeration certificate

A3.  Photocopy of Estimate dt.21-7-05.

A4.  Copy of Lawyer notice dt. 15-8-05.

Documents exhibited for the opposite party.

                        Nil.

Witness examined for the complainant..

PW1.  Dr. Ramakrishnan (Complainant)

Witness examined for the opposite party.

                        None.

                                                            Sd/- President

                        // True copy //

                                    (Forwarded/By order)

                                                                                        SENIOR SUPERINTENDENT.