IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA
Dated this the 26th day of April, 2013.
Present : Sri. Jacob Stephen (President)
Smt. K.P. Padmasree (Member)
C.C.No.09/2013 (Filed on 21.01.2013)
Between:
Abraham. P. Thomas,
Palanilkkunnathil,
Eattichuvadu.P.O.,
Ranni – 689 675. …. Complainant
And:
The Manager,
Bajaj Finance Ltd.,
Opp. General Hospital,
Pathanamthitta – 689 645. …. Opposite party
O R D E R
Smt. K.P. Padmasree (Member):
Complainant approached this Forum for getting a relief against the opposite parties.
2. Complainant’s case is that he had purchased a Bajaj CT 100 Motor Cycle under Hire Purchase Scheme of the opposite party by vide loan No.532002693 during 2006 March. As per the terms and conditions of the hire purchase scheme the complainant has to pay the loan amount by 36 monthly instalment of Rs. 1,178/- per month. Accordingly he had also given 36 cheques to the opposite party. All the cheques were encashed by the opposite party before the specified period and thereby the complainant’s loan was cleared by March 2009. Thereafter during April 2009 complainant requested for the original of R.C Book and NOC from opposite party as his loan account was closed. At that time, the Manager of opposite party told the complainant that the R.C.Book and NOC will given to the complainant as and when it is received from their head office. But it was not given by the opposite party as his assurance. While so on 20.08.2012, one Smt. Stella of the opposite parties Mumbai office called the complainant and asked the complainant to remit Rs.27,000/- for returning the R.C. Book and the issuance of NOC as the complainant’s loan account shows a dues for the said amount by saying that two cheques were bounced. So the complainant asked for the return of the said cheque, as there is no dues as per his account. At that time, she told him that the said cheques were not with them. Thereafter on the basis of the discussions and negotiations, opposite party told the complainant that the NOC and R.C Book can be returned on a down payment of Rs.5,000/- under their one time settlement scheme. Accordingly complainant agreed the settlement and paid Rs.5,000/- on 06.09.2012 at the Kochi office of the opposite party as per the direction of the said Stella. But even after the said payment also, opposite party didn’t returned the R.C Book or issued the NOC. Therefore, the complainant sent a registered letter on 07.11.2012 to the opposite party in this regard and the opposite party received the said registered letter also. Even after receiving the said notice of the complainant by the opposite party, they have not returned the R.C. Book or issued the NOC to the complainant. The above said act of the opposite party is a clear deficiency in service which caused financial loss and mental agony to the complainant. Hence this complaint for an order directing the opposite party for the return of R.C. Book and for the issuance of NOC along with compensation of Rs.1,500/-.
3. In this case opposite party is exparte.
4. On the basis of the pleadings of the complainant, the only point to be considered is whether this complaint can be allowed or not?
5. The evidence of this case consists of the oral deposition of the complainant as PW1 and Ext.A1 and A2 series. After closure of evidence, complainant was heard.
6. The Point:- The complainant’s allegation is that the opposite party has not returned the original R.C. Book of his Motor Cycle and the NOC even though the complainant had paid the entire amount demanded by the opposite party for settling the complainant’s loan account in connection with the Hire Purchase Agreement executed by the complainant for the purchase of a motor cycle. According to the complainant, the above said act of the opposite party is a clear deficiency in service and the opposite party is liable to the complainant for the same. Hence the complainant prays for allowing the complaint.
7. In order to prove the complainant’s case, the complainant adduced oral evidence as PW1 and produced certain documents, which are marked as Exts.A1 and A2 series. Ext.A1 is the receipt dated 06.09.2012 for Rs. 5,000/- issued from the Cochin office of the opposite party in the name of the complainant showing the full payment for credit to ‘cash received’ from the complainant. Ext.A2 is the copy of the registered notice dated 07.11.2012 issued by the complainant in the name of opposite party. Ext.A2(a) is the postal receipt of Ext.A2 and Ext.A2(b) is the acknowledgment card of Ext.A2.
8. On the basis of the deposition of PW1 and Ext.A1 it is seen that the opposite party had received the balance dues from the complainant. Ext.A2 series shows that the complainant made his demand for the R.C. Book and NOC and the said notice was also received by the opposite party. The complainant’s allegation is that in spite of all this, opposite party didn’t given the R.C Book and NOC. Since the opposite party is exparte and there is no evidence against the allegations of the complainant, we find no reasons to disbelieve the allegations of the complainant. So the act of the opposite party is found as a clear deficiency in service which no doubt caused inconvenience to the complainant. Therefore the opposite party is liable to the complainant and hence this complaint is allowable.
9. In the result, this complaint is allowed, thereby the opposite party is directed to return the R.C Book and issue the NOC along with Rs. 1,500/- (Rupees One Thousand Five hundred only) as compensation and cost to the complainant within 15 days from the date of receipt of this order, failing which the complainant is allowed to realize an amount of Rs. 15,000/- (Rupees Fifteen Thousand only) from the opposite party along with 10% interest from today till the realization of the whole amount.
Declared in the Open Forum on this the 26th day of April, 2013.
(Sd/-)
K.P. Padmasree,
(Member)
Sri. Jacob Stephen (President) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : Abraham. P. Thomas.
Exhibits marked on the side of the complainant:
A1 : Receipt dated 06.09.2012 for Rs. 5,000/- issued by the
opposite party to the complainant.
A2 : Copy of notice dated 07.11.2012 sent by the
complainant to the opposite party.
A2(a): Postal receipt of Ext. A2.
A2(b): Postal acknowledgment card of Ext. A2.
Witness examined on the side of the complainant: Nil.
Exhibits marked on the side of the complainant: Nil.
(By Order)
(Sd/-)
Senior Superintendent.
Copy to:- (1) Abraham. P. Thomas, Palanilkkunnathil,
Eattichuvadu.P.O., Ranni – 689 675. (2) The Manager, Bajaj Finance Ltd.,
Opp. General Hospital, Pathanamthitta – 689 645.
(3) The Stock File.
