DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

Civil Station, Palakkad – 678001, Kerala

Dated this the 10^th day of February, 2009.

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

C.C.No.5/2008

Gangadharan,

7/515, Tharekkad,

Palakkad. - Complainant

(By Adv.M.C.Kuriachan)

Vs

The Manager,

Centurian Bank of Punjab,

Thrissur. - Opposite party

(By Adv.B.Kamal Chand & K.Sunil Kumar)

O R D E R

By Smt.Bhanumathi.A.K, Member

The brief facts of the complaint are as follows:

The complainant entered into a hire purchase agreement with opposite party and purchased a TVS Centra motor cycle bearing the Registration No.KL9 P3703. As per the condition of the agreement, it is agreed that the complainant shall repay the amount in instalments and the said hire purchase was entered in the RC book of the vehicle. The complainant paid all instalments and closed the loan No.48355. But despite repeated requests, the opposite party refused to cancel the hire purchase endorsement in the RC book of the vehicle and also return the original RC book of the vehicle to the complainant. The complainant personally approached the opposite party several times to get back the RC book of the vehicle with hire purchase cancellation. The opposite party didn't care to solve the grievance of the complainant. The complainant sent letters to the opposite party on 7.6.07, 16.6.07

and 10.8.07 and sent a lawyer notice on 12.11.07. Though the opposite party received the letters they did not care to reply. The complainant could not even

sell the vehicle since the RC book of the vehicle has not been returned cancelling the hire purchase endorsement. So the complainant approached the forum seeking an order directing them to return the original RC book of the vehicle with hire purchase cancellation and to pay an amount of Rs.10,000/- as compensation for mental agony and hardships suffered by the complainant.

Complaint was admitted. Complainant filed affidavit. Opposite party filed version. They produced the original RC book of the vehicle, No objection certificate and notices of termination of hire purchase before the forum. The documents are handed over to the complainant on 12.8.2008. Opposite party did not file affidavit.

Opposite party themselves agree that all the instalments were paid by the complainant and closed the loan as per the agreement. The reason stated by the opposite party for not giving original RC book and other documents is non appearance of the complainant in their office. But this version seems to be incorrect as the complainant sent letters and lawyer notice to the opposite party. Only after filing the complaint in this forum opposite party produced the above said documents here. So it is undoubtedly proved that there is deficiency of service on the side of opposite party.

In the result complaint is allowed. The original RC book of the vehicle (No.KL9 P3703), No objection certificate and notice of termination of hire purchase were already handed over to the complainant. We direct the opposite party to pay an amount of Rs.3,000/- (Rupees Three thousand only) as compensation for mental agony and hardship suffered by the complainant and Rs.1,000/- (Rupees One thousand only) as cost of the proceedings within one month from the date of communication of this order failing which the whole amount shall carry 9% interest

p.a from the date of order till realisation.

Pronounced in the open court on this the 10^th day of February, 2009

Sd/-

Smt.Seena.H,

President

Sd/-

Smt.Preetha.G.Nair,

Member

Sd/-

Smt.Bhanumathi.A.K,

Member

Appendix

Exhibits marked on the side of complainant

Nil

Exhibits marked on the side of opposite party

Nil

Costs (allowed)

Rs.1,000/- (Rupees One thousand only) as cost of the proceedings