BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT:

SHRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENA KUMARI. A : MEMBER

SMT. S.K. SREELA : MEMBER

C.C.No. 14/2008

Dated : 29..11..2008

Complainant:

Linta Florin. S.D., Casino, Onayampadu, Perukavu – P.O., Thiruvananthapuram.

Opposite party:

Manager, City Financial Consumer Finance India Ltd., Kesavadasapuram.

This O.P having been heard on 24..10..2008, the Forum on 29..11..2008 delivered the following:

ORDER

SMT. BEENA KUMARI. A., MEMBER:

The complainant availed a loan from the opposite party for Rs.29,200/- and purchased a Hero Honda Activa bearing Reg.No.KL.01-AC 3610. As per the terms and conditions of the loan the RC book and key of the vehicle will be kept in the custody of the opposite party till the repayment of the loan amount. The complainant closed the loan as per the agreement dated on 08..10..2005. But the opposite party did not turn up to return the RC Book and the key of the vehicle even after repeated requests and demands. The complainant faces difficulties to use the vehicle without RC Book and keys. Hence she approached before this Forum for the redressal of her grievance.

2. Opposite party remains ex-parte.

    

3. Points to be ascertained are:

    

1. Whether there is deficiency in service from the part of opposite party?

    

2. Reliefs and cost?

    

4. Points (i) & (ii) : The complainant has filed proof affidavit and produced 5 documents. The documents produced by the complainant were marked as Exts.P1 to P5. Ext.P1 is the loan repayment schedule. From this document we can find that the period of loan is from 07..12..2003 to 07..10.2005. Ext.P2 is the terms and conditions of the loan. Ext.P3 is the copy of notice issued by the complainant to the opposite party on 04..01.2008. Ext.P4 is the copy of acknowledgment card and post card. Ext.P5 is the details of repayment of the loan amount.

5.From these documents we have found that the complainant repaid the entire loan amount to the opposite party. Hence the opposite party has the liability to return the RC Book and key of the vehicle to the complainant. But the opposite party did not turn up to give back the same to the complainant inspite of closure of the loan. The act of the opposite party amounts to unfair trade practice and deficiency in service. In this case the complainant has succeeded to prove her case with sufficient documents. Hence this Forum allows the complaint.

In the result this Forum direct the opposite party to return the RC book and keys of the vehicle bearing Reg.No.KL-01-AC 3610 to the complainant and shall also pay Rs.2,000/- (Rupees two thousand only) as compensation and Rs.1,000/- (Rupees One thousand only) as cost.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 29^th day of November, 2008.

BEENA KUMARI. A, MEMBER

G. SIVAPRASAD,

PRESIDENT.

S.K. SREELA, ad. MEMBER.

C.C.No. 14/2008

APPENDIX

I. Complainant's witness:

PW1 : Linta Florin S.D

II. Complainant's documents:

P1 : Photocopy of repayment schedule start dated 07.12.2003

P2 : Photocopy of brochure issued by bank

P3 : " letter dated 04..01..2008 issued by the complainant

P4 : " acknowledgment card

P5 : " bank pass book

(series)

III. Opposite party's witness: NIL

IV. Opposite party's documents: NIL

PRESIDENT