D.o.F: 5/8/09 D.o.O:1/1/2010IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.178/09 Dated this, the 1st day of January 2010. PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SYAMALADEVI : MEMBER Saju Karunakaran, S/o Karunakaran, : Complainant 3/474 Malankunnu, Po.Bekal, Kasaragod Dt. Bajaj Auto Finance Ltd, 3rd Floor, KVR Building,Kannur., : Opposite party (Ex-parte) ORDER SMT.P.RAMADEVI : MEMBER The facts of the complaint in brief are as follows: The complainant had purchased a Bajaj Pulsar Motor cycle bearing Reg.No.KL 60.A/924 from Zain Motors on 24/8/2008. The vehicle was purchased with the financial aid of the opposite party, Bajaj Auto Finance Ltd,Kannur. As per the oral agreement between the complainant and the opposite party that up to the date of clearance of the loan amount the original R.C and the extra key are to be kept with the Bajaj Auto Finance. After clearing the entire debt the complainant demanded to return back the original R.C, Extra key and No objection letter to change the ownership after canceling the HP endorsement from the R.C . But the opposite party did not issue the documents and give back the R.C. Then the complainant sent a registered notice to the opposite party. Though it was served opposite party neither complied the demands nor sent any reply. Hence this complaint is filed for necessary reliefs. 2. On receipt of notice, a counsel was represented for opposite party but later not turned up to file version and contest the matter. Hence opposite party was set exparte. 3. Now the points arises for consideration are whether there is any deficiency in service on the part of the opposite party and if so what is the order as to costs and compensation? 4. The evidence in this case consists of the evidence of PW1, the father of the complainant who has been authorized to depose the case and Exts.A1 & A2 documents. Ext.A1 is the notice demanding the original R.C, No objection certificate, and extra key in respect of the motor cycle. Ext.A2 is the reminder letter to Ext.A1. During the course of evidence PW1 deposed that after filing this complaint, the opposite party returned the original R.Conly but not the extra key and N.O.C to transfer the vehicle. According to PW1, due to the non availability of the said documents the complainant could not sell the vehicle. Now on passage of time the value of the vehicle is diminished. Hence he will sustain loss. It is evident from the records as well as from the deposition of PW1 that the opposite party has not taken much care to return the documents. There is no contra evidence adduced by the opposite party . It is the bounden duty of the opposite party to return the documents and NOC after getting the entire loan amount. But here the opposite party failed to do so. The complainant’s specific case is that he cannot sell the vehicle without documents. Hence he constrained to file this complaint after sending reminders to the opposite party. After considering the above discussions the forum is of the opinion that there is deficiency in service on the part of the opposite party. Hence, we allow the complaint and the opposite party is directed to issue H.P. termination letter, No objection Certificate and extra key in respect of the Bajaj Pulsor Motor cycle bearing Reg.No.KL 60A/924 and also pay Rs.5000/- towards mental agony and Rs.2000/- as cost of these proceedings to the complainant within 30 days from the date of receipt of copy of this order. Failing which on application by the complainant necessary directions will be issued to the concerned registering authority to cancel the H.P. endorsement from the R.C book of the vehicle bearing Reg.No.KL 60A /924. MEMBER MEMBER PRESIDENT Exts.A1-29/6/09 Copy of .letter to OP A2-&17/7/09- -do- PW1-K.Karunakaran- father of the complainant MEMBER MEMBER PRESIDENT eva/
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