BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Date of filing : 16/08/2010

Date of Order : 31/01/2012

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 458/2010

Between

And

O R D E R

C.K. Lekhamma, Member.

1. The brief facts of the complainant's case are as follows :

The complainant availed a loan for C.B.L. Two Wheeler bearing Registration No. KL 07 BD-401 from the opposite party. Accordingly, the complainant remitted the entire instalment amounts and thereby closed the loan transaction. No Objection Certificate was issued by the bank dated 03-12-2009. As per the request of the opposite party, the complainant produced the R.C. Book of the vehicle for the security of the loan amount. After the closure of the loan, the complainant approached the opposite party for receiving the R.C. Book and other papers produced by the complainant. But, the opposite party did not return the documents. Thereafter, the complainant submitted an application on 25-05-2009 requested to return the documents with them. After that, the opposite party called the complainant at their office and assured to return the R.C. Book, but till this date the said R.C. Book was not returned. The complainant caused to send lawyer notice to the opposite party on 03-02-2010. But the opposite party did not respond to the same. Hence, the complainant compelled to file this complaint for seeking direction against the opposite party to return the R.C. Book immediately along with compensation and costs of the proceedings.

2. The version of the opposite party :

The complainant availed two wheeler loan from the opposite party. On payment of the entire amount, no Objection Certificate was issued by the bank. The opposite party is not having the practice of keeping R.C. Book of the customers, especially as the loan is secured by way of endorsement of the hire purchase details in the R.C. Book. The opposite party received notice dated 03-02-2010. On receipt of the notice, the opposite party's officials had infact contacted the complainant. The complainant is not entitled for any of the reliefs as claimed in the complaint.

3. The complainant and the 1^st opposite party represented through counsel. Despite receipt of notice from this Forum, the 2^nd opposite party remained absent. The complainant was examined as PW1 and Exts. A1 to A4 were marked on his side. Neither oral nor documentary evidence was adduced by the 1^st opposite party. We have heard the respective counsel for both sides.

4. The points that arose for determination are as follows :

1. Whether the complainant is entitled to get his R.C. Book from the 1^st opposite party?

2. Compensation and costs, if any?

5. Point Nos. i. and ii. :- The case of the complainant is that during the loan transaction between the 1^st opposite party, he entrusted his original R.C. Book with them. After closure of the loan, the 1^st opposite party did not return the same to the complainant. Even after written request made by him, the 1^st opposite party did not respond. The 1^st opposite party admitted the loan transaction and closure of the same. But they contended that they never received the original R.C. Book from the complainant.

6. Ext. A1 is the copy of the letter issued by the complainant to the 1^st opposite party. In which the complainant requested to return his original R.C. Book from the custody of the 1^st opposite party. Ext. A2 is the copy of the statement with regard to the loan, in which it is mentioned towards loan status 'closed'. Ext. A3 is the copy of the lawyer notice dated 03-02-2010. Ext. A4 is the copy of the R.C. Book, in which the seal of the Centurion Bank of Punjab Ltd. is affixed. Along with that it is mentioned that the original R.C. Book is with the bank. Moreover, the authorised signatory is also put his signature in Ext. A4. It is evident that erstwhile, Centurion Bank has merged with the opposite party. There is no evidence to show that the opposite party had returned the original R.C. Book to the complainant. In view of that, we are of the considered opinion that the opposite party is liable to return the R.C. Book in question to the complainant. Failing which the 1^st opposite party shall pay compensation of Rs. 10,000/- to the complainant. As per Exts. A1 and A3, the complainant duly informed the opposite party to return his R.C. Book, but there was no response. The above conduct of the opposite party amounts to deficiency in service on their part. So naturally, the complainant has had to suffer mental agony for which the 1^st opposite party is answerable. Hence, the opposite party is to pay compensation to the complainant. We fix the compensation at Rs. 5,000/-. The complainant is also entitled to get litigation costs from the opposite parties, since the opposite parties ought to have settle the dispute at the very outset.

7. Accordingly, we allow the complaint as follows :

1. The 1^st opposite party shall forthwith return the original R.C. Book of the two wheeler bearing No. KL 07 BD-401 to the complainant, failing which the 1^st opposite party shall pay Rs. 10,000/- to the complainant.

2. The 1^st opposite party shall pay Rs. 5,000/- and Rs. 1,000/- to the complainant by way of compensation and litigation costs respectively.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order, failing which the said amounts shall carry interest @ 12% p.a. from the date of payment till realisation.

Pronounced in open Forum on this the 31^st day of March 2012.

Sd/- C.K. Lekhamma, Member. Sd/- A. Rajesh, President.

Sd/- Paul Gomez, Member.

Forwarded/By Order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

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