DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

Civil Station, Palakkad 678001, Kerala

Dated this the 23^rd day of March, 2009

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

C.C.No.41/2007

Shanil Kumar.R @ Sanal Kumar,

S/o.Ramanathan,

Changanara, Kollengode,

Palakkad. - Complainant

(By Adv.P.C.Sivadas)

Vs

1. The Manager(APD),

Centurian Bank,

Suharsha Towers, Shoranur Road,

Thrissur.

(By Adv.Kamalchand & K.Sunil Kumar)

2. The Chief Executive,

Prasanth Associates,

Fort Road, Palakkad. - Opposite party

(By Adv.Kamalchand & K.Sunil Kumar)

O R D E R

By Smt.Preetha.G.Nair, Member

The complainant had availed a vehicle loan A/c No.2051FCA619521 from the 1^st opposite party. The complainant had to pay 24 EMI of Rs.1533/- and the installments started from December 2004 to November 2006. At the time of signing the agreement the complainant signed some blank papers as well as gave 24 cheque leaves, the duplicate key of the vehicle, R.C book and other vehicle documents. The complainant paid all the 23 installments and the final installment was paid by cash in advance on 19.10.06. The 2^nd opposite party agreed to return the balance cheque within one month along with the duplicate key, R.C book and other documents. Even after the stipulated period opposite parties were not ready to hand over the same. On verification of bank accounts complainant came to understand that the

opposite party has collected the lat installment of Rs.1,533/- through the account of the complainant even after the closure of the loan account. Hence complainant caused a lawyer notice dt.03.02.07. Opposite parties received the notice, but they neither gave a reply nor returned the documents and key. According to the complainant the opposite parties are liable to return back Rs.1,533/- with interest. The act of the opposite parties amount to deficiency of service and unfair trade practices. Hence this complaint filed seeking an order directing the opposite parties to pay an amount of Rs.1,533/- being the excess installment received by opposite parties together with Rs.550/- cost of duplicate key and Rs.5,000/- as compensation for mental agony.

2. After admitting the complaint notice was served on the opposite parties. Opposite parties filed version stating following contentions. Opposite parties admitted that the complainant had availed loan from 1^st opposite party for purchasing Hero Honda Motor Cycle. Opposite parties submitted that for the 24^th installment the complainant had paid the amount before the due date and the opposite parties had advised the complainant to give stop memo before the cheque date. But the complainant omitted to do so and the cheque came up for collection and Rs.1,533/- was collected from the account of the complainant. 1^st opposite party told the complainant that while returning the RC book and NOC DD for Rs.1,533/- will also be returned to the complainant. Subsequently when the opposite parties were ready to return the documents along with DD, complainant refused to accept the same as it does not contain the duplicate key. According to opposite parties complainant has not entrusted the duplicate key with them. The opposite parties produced the DD and documents along with version before the Forum. Hence the opposite parties state that there is no deficiency of service from their side and the complaint is liable to be dismissed.

3. Complainant filed proof affidavit along with documents. Ext.A1 to A4 marked on the side of the complainant. Affidavit was filed from the side of the opposite parties also. Matter was heard.

4. On perusing the pleadings of the both the parties that the points arise for our consideration are as follows.

1. Whether there is deficiency of service on the part of opposite parties?

2. If so, what is the reliefs and cost?

5. We have heard the arguments and perused the pleadings, documents and evidence placed on record by the respective parties and answer the points as follows.

6. Point 1: Complainant states that the opposite parties has not returned balance cheque with duplicate key, RC book and other documents within one month of the closure of account. But the opposite parties submit that the complainant has not taken the key from the agency and hence the opposite parties are unable to return the duplicate key. Complainant refused to accept the cheque and documents without returning the duplicate key. It can be seen that after filing the complaint the opposite parties handed over the cheque for Rs.1,533/- along with the other documents through the forum. Admittedly opposite parties have collected an excess amount of Rs.1,533/- from the complainant after the closure of the loan account. The contention of the opposite party that delay caused for the handing over the documents and cheque amount was because of the refusal of complainant to accept the same seems to be unreasonable. Opposite parties have other means to deliver the same if the complainant is refusing to accept it by hand. Further there is no evidence to show that the duplicate key is not with the opposite party. In view of the above circumstances, we are of the view that there is clear deficiency of service on the part of opposite parties and complainant is entitled for compensation.

7. Point No.2: After the filing of the complaint, opposite party has returned a banker's cheque for Rs.1,533/- along with NOC, Original RC and notice termination of hire purchase agreement. Complainant returned the above documents before the forum except RC book stating that he could not encash the cheque amount for unavoidable reason. We are of the view that an amount of Rs.3,000/- as compensation for the deficiency of service on the part of the opposite party will meet the ends of justice. We do not find it proper to order payment of Rs.1,533/- together with interest as the fault is with the complainant in not encashing the same within time.

8. In the result complaint allowed. We direct the opposite parties to pay an amount of Rs.3,000/- (Rupees Three thousand only) as compensation and Rs.1,000/- (Rupees One thousand only) as cost to the complainant. Order shall be complied within one month from the date of receipt of order failing which the whole amount shall carry interest @ 9% p.a from the date of order till realisation.

9. Pronounced in the open court on this 23^rd day of March, 2009

Sd/-

Seena.H

President

Sd/-

Preetha.G.Nair

Member

Sd/-

Bhanumathi.A.K

Member

Appendix

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite parties

Nil

Exhibits marked on the side of complainant

Ext.A1 – Payment receipt dt.19/10/06

Ext.A2 – Payment receipt dt.22/11/05

Ext.A3 – Copy of lawyer notice dt.03/02/07, receipt etc.

Ext.A4 - Acknowledgement card

Exhibits marked on the side of opposite parties

Nil

Costs (allowed)

Rs.1,000/- (Rupees One thousand only) allowed as cost.