DATE OF FILING : 5.1.2011

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 31^st day of March, 2011

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDHU SOMAN MEMBER

C.C No.08/2011

Between

Complainant : Joshi Thomas,

Kallatil House,

Rajapuram P.O.

Murickasseri, Idukki District. And

Opposite Parties : 1. The Manager,

Sriram ChittiUnion Finance Ltd.,

Angamali Branch,

Angamali P.O.,

Angamali, Ernakulam District.

2. The Manager,

Sriram ChittiUnion Finance Ltd.,

Kattapana Branch,

Kattapana South P.O.,

Idukki District.

(All by Adv: Sreenivas V. Pai)

O R D E R

STM. BINDHU SOMAN (MEMBER)

The complainant purchased a Bajaj Discover Bike from the opposite party in the year 2007 bearing Reg.No.KL-6D-8628. The transaction was carried on by an agent from 1^st opposite party at the complainant's house. The opposite parties arranged finance for the vehicle, complainant had signed in the agreement and availed loan of Rs.39,500/- and he has agreed to pay with 36 equal instalments of Rs.1,588/-. 36 signed blank cheque leaves and the RC Book of the vehicle are produced by the complainant to the opposite parties as a security for the loan. The complainant stated that he had completed the payment as per the agreement without any pending, he paid all 36 instalments on 10.10.2010. The complainant demanded to return his documents from the opposite party, but the opposite party asked two days time for return of documents. On 13.10.2010, again the petitioner approached the opposite party, at that time the opposite party demanded Rs.5,000/- from him. The complainant is not ready to pay the same. According to him, it is an unfair trade practice because he had already paid all instalments. So the loan is completed, but the opposite party had demanded an extra amount of Rs.5,000/- from him. The complainant alleged deficiency of service in the part of the opposite party. The documents are now also under the custody of the opposite party. Hence the complainant filed a petition before this Forum. The petitioner's request is to return his vehicle's original RC Book and termination certificate from the opposite party.

2. The opposite party filed written version. 1^st and 2^nd opposite parties are the same management. They admitted the loan transaction, but objected that the petitioner has not repaid all his instalments, he is a defaulter. The company have right to charge defaulted interest. The other

thing that the opposite party disputed is that they never received the original RC Book from the complainant. Being the registered owner of the vehicle he is duty bound to keep all the vehicle records in his possession. Whenever the petitioner closes the loan account properly as per the agreement, they are ready to issue NOC for cancelling the hypothecation endorsement in the registration certificate. The opposite party in the written version stated that the petitioner has not approached the opposite party on 13.10.2010 as alleged. No officers of the opposite party have insisted him to pay Rs.5,000/- as alleged. But it is the duty of the petitioner to repay the amount to the company as per the terms of agreement.

3. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to?

4. No oral evidence adduced by both the parties and Exts. P1 & P2 marked on the side of the complainant.

5. The POINT :- The complainant have no oral evidence produced documents for the sake of evidence. The opposite party was absent. No oral evidence and no documentary evidence from the side of the opposite party. The complainant in his petition itself clearly stated that he had completed his instalments. As per the written version, EMI is starting from 7.10.2007 to 7.9.2010. the petitioner approached the opposite party on 10.10.2010 for demanding his termination certificate and original RC Book. Ext.P1(series) is the copy of the pass book of the complainant issued by the Urban bank that shows his EMI withdrawal. Ext.P2 is the copy of statement of account given by the opposite party to the complainant. In this circumstance, we think that the petition is allowed.

Hence the petition allowed. The opposite parties are directed to return the original RC Book and termination letter of the complainant's vehicle, Bajaj Discover bike bearing Registration Number KL-6D-8628 and the opposite party is also directed to pay Rs.2000/- as compensation to the petitioner, within 30 days of receipt of a copy of this order failing which the amount shall carry 12% interest per annum from the date of default.

Pronounced in the Open Forum on this the 31^st day of March, 2011

Sd/-

SMT. BINDHU SOMAN (MEMBER)

Sd/-

I agree SRI. LAIJU RAMAKRISHNAN (PRESIDENT)

Sd/-

I agree SMT. SHEELA JACOB (MEMBER)

APPENDIX

Depositions :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1(series) - Copy of the pass book of the complainant issued by the Urban Co-operative Bank, Perumbavoor.

Ext.P2 - Copy of the statement of account given by the opposite party to the complainant.

On the side of the Opposite Parties :

Nil.