<br /> <br /> By R. VIJAYAKUMAR, MEMBER.<br /> <br /> Complainant has filed the complaint for return of RC Book and key of vehicle No.KL/02P/3014 and other documents and for getting a direction for repayment of amount Rs.990/- with interest and compensation and cost.<br /> <br /> The averments in the complaint can be briefly summarized as follows:<br /> <br /> The Complainant purchased a Honda Activa Scooter bearing Reg.No.KL/02P/3014 from M/s. Vahini Motors through a loan availed from the 2nd opp.party. As per agreement complainant deposited Rs.7146/- as security deposit for which maturity value as on 8.12.2005 is Rs.8432/- 2nd opp.party had taken original RC book and one of the keys of the vehicle, 36 cheque leaves, signed blank paper and other document and kept them under his custody.. The opp.parties used to collect the loan amount through bank by presenting the signed cheque issued by the complainant. The complainant kept sufficient cash balance in the bank account at every time. But opp.parties failed to present two cheques in time. On 1.4.2004 opp.parties informed the complainant that the 2nd opp.party had transferred entire loan transactions to the 1st opp.party. According to the information given by the 2nd opp.party the remaining loan instalments from 1.4.2004 onwards till las t instalment dated 15.11.2005 were collected by the 1st opp.party.<br /> <br /> <br /> Complainant approached the opp.party and requested for reimbursement of deposit amount along with RC Book, original key termination letter and other documents. Opp.parties failed to do so.On 8.2.2006 complainant received a cheque No.047906 for Rs.2854/- and contract termination letter from 1st opp.party. Immediately after getting the letter the complainant approached 1st opp.party and demanded for balance amount, RC Book and key of the vehicle. On 23rd March 2006 the complainant had received another cheque bearing No.054368 for Rs.2202/- along with a statement of accounts from 1st opp.party. As per the statement of accounts and of the maturity amount of Rs.8432/- an amount of Rs.2347/- was deducted towards pending instalments and Rs.442/- and Rs.548/- were deducted as bounce charges. The complainant has not committed any default for payment and not liable to pay any amount as bounce charges. Opp.parties are liable to return the R.C. Book, original key signed blank papers and other documents. Complainant had issued a registered notice to the opp.party and it was not replaced. The act of opp.party resulted in much mental agony and financial loss to the complainant. Hence the complaint.<br /> <br /> The 1st opp.party remained absent, hence lhe stands exparte. 2nd opp.party filed version. It was described by the 2nd opp.parties that the 2nd opp.party transferred at its transaction for the 1st opp.party through an agreement between opp.parties 1 and 2 and also transferred all document, key etc. So there is no deficiency in service on the their side. Complainant filed affidavit,. Complainant filed as I.A dated 31.12.2002 stating that he need not wanted any relief from the 2nd opp.party and so name of 2nd opp.party may be deleted and compensation and cost shall be retained from the 1st opp.party. Further it was stated that the original RC book was returned to him by 1st opp.party on 4.11.2007 and delay was committed deliberately by the 1st opp.party. IA was allowed and name of 2nd opp.party was deleted. Complainant was heard.<br /> <br /> <br /> <br /> The points that would arise for consideration are:<br /> <br /> <br /> 1. Whether there is any unfair trade practice and deficiency in service on the part of the opp.parties.<br /> 2. Reliefs and costs<br /> <br /> <br /> <br /> It was accepted by the 1st opp.party himself through the letter dated 1.4.2004 to the complainant that here was an agreement between 1 and 2 opp.parties. All the communication, and transactions from 1.4.2004 till the payment of last instalment dated 15.11.2004 were between the coplainant and 1st opp.party on the basis of that agreement. All documents and original key, orginal RC book were under the cutody of 1st opp.party. There was no default in repayment on the part of the complainant. We find that there is deficiency in service and unfair trade practice on the part of 1st opp. party.<br /> <br /> <br /> <br /> In the result the complaint is allowed. Opp.party is directed to repay and Rs,990/- which was deducted as bounce charges with its interest at the rate of 12% per annum along with all original RC book, Original key, signed blank papers as described in the complaint. The opp.party is also directed to pay Rs.5000/- as compensation and Rs.1500/- as cost. The order is to be complied with within one month from the date of receipt of this order. <br /> <br /> <br /> <br /> Dated this the 5th day of April, 2008.<br /> <br /> <br /> <br />