CC Filed on 13.07.2009<br /> Disposed on 28.10.2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 28th day of October 2009<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> <br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No. 49/2009<br /> <br /> Between:<br /> <br /> <br /> Sri. Shankar Singh,<br /> S/o. A.R. Singh,<br /> Adarshanagar, No. 141,<br /> Opposite Junior College,<br /> Malur.<br /> <br /> <br /> <br /> <br /> <br /> ….Complainant<br /> <br /> V/S<br /> <br /> <br /> 1. The Manager,<br /> T.V.S Finance and Services,<br /> Kolar Sub-Branch, Aralepete,<br /> Kolar.<br /> <br /> <br /> 2. The Manager,<br /> TVS Finance and Services,<br /> Jayalakshmi Estates, 8, <br /> Haddows Road,<br /> Chennai – 600 006.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Opposite Parties<br /> <br /> ORDERS<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act, 1986 praying for directions against the opposite parties to take credit of Rs.2,400/- paid on 09.02.2006 under receipt No. 499606 to the loan account of complainant and to hand over original R.C. book and original key of the vehicle bearing No. KA-08-J-2613 and to repay Rs.5,545/- received in excess of the amount due and to pay Rs.5,000/- towards compensation and to hand over the cheques bounced and not presented for encashment.<br /> <br /> 2. The material facts of complainant’s case may be stated as follows:<br /> That the complainant purchased a TVS Centra two wheeler bearing registration No. KA-08-J-2613 from a dealer at Malur taking finance of Rs.42,552/- from OPs. The complainant handed over original R.C. and key of the two wheeler to OPs and executed the loan agreement dated 06.12.2004. The loan was repayable in monthly installments of Rs.2,163/-. He had issued post dated cheques drawn on State Bank of Mysore, Malur Branch towards payment of installments. It is alleged that complainant had paid all the installments and other charges and inspite of it the OPs have been demanding Rs.3,853/- towards balance due. They refused to acknowledge the payment of Rs.2,400/- made on 09.02.2006 under receipt No. 499604 on the ground that the said receipt was not authenticated. Therefore he filed the present complaint.<br /> <br /> 3. One Mahesh, the Collection Executive of OP.2 was present on 04.08.2009, in response to the notice issued by this Forum. OP.1 remained absent. The OPs did not file version within the time granted. The complainant filed his affidavit by way of evidence on 23.09.2009. On that day representative of OP.1 was present before the Forum and prayed time for settlement. On 30.09.2009 he filed version on behalf of OP.1. In the version it is stated that one EMI amount was wrongly updated in some other head and transfer of this installment would be done shortly. Further it is stated that the original R.C. book is lost in transit from Chennai to Bangalore and they applied for duplicate R.C. book and they would arrange to handover duplicate R.C. book and loan clearance certificate within 15 days from the date of version. The case was posted on 27.10.2009. Again the OPs remained absent. We heard the complainant and posted the case for orders. <br /> <br /> 4. The payment of Rs.2,400/- under receipt No. 499604 dated 09.02.2006 is now admitted by OPs. They stated that the said amount was wrongly credited to some other account. The complainant had made written request on 05.03.2009 to OPs before filing the present complaint in which he stated that he had paid Rs.2,400/- on 09.02.2004 under valid receipt and inspite of it the OPs are demanding Rs.3,853/- and threatened to seize the vehicle. He requested under this letter to issue loan clearance certificate and to hand over original R.C. and key of the vehicle after adjusting the payment of Rs.2,400/- made by him on 09.02.2006. The complainant states that he approached OPs several times and they did not respond except insisting payment of balance as per their account. He stated that he spent more than Rs.5,000/- towards expenses in this connection. The OPs charged Rs.250/- for each of the five bounced cheques apart from collecting penal interest for late payments. The OPs did not care to verify their accounts inspite of the complainant producing the receipt dated 09.02.2006 under which he paid Rs.2,400/-. Therefore we hold that there is clearly deficiency in service by OPs. <br /> <br /> 5. The OPs did not handover the original or duplicate R.C. book and did not return the cheques retained with them and did not handover loan clearance certificate inspite of granting sufficient time. Therefore we think compensation of Rs.10,000/- may be awarded to complainant apart from costs of Rs.1,000/-. Hence we pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint is allowed with costs of Rs.1,000/-. The OPs are directed to return the original/duplicate R.C. book and key of the vehicle bearing No. KA-08-J-2613 to complainant and they shall also issue loan clearance certificate and return the cheques retained by them to complainant and they shall also pay Rs.10,000/- (rupees ten thousand only) compensation to complainant. The order shall be complied within one month from the date of this order.<br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 28th day of October 2009.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br />