DATE OF FILING : 6.7.2010

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 31^st day of July, 2010

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.137/2010

Between

Complainant : Sumathi, W/o Sivan,

Thoppil House,

Idukki Colony P.O.,

Cheruthoni,

Idukki District.

(By Adv: Biju Vasudevan)

And

Opposite Parties : The Manager,

Mahindra and Mahindra Finance Ltd.,

KP 1/855, 1^st Floor, Freinds Building,

Puliyanmala Road,

Kattappana P.O.,

Idukki – 685 508

O R D E R

SRI. LAIJU RAMAKRISHANAN (PRESIDENT)

Husband of the complainant availed a vehicle loan from the opposite party Finance Company for their Maruthi Alto car bearing registration No.KL06D 1877. Unfortunately, the husband of the complainant was expired, but the complainant repaid the entire loan amount Rs.37,100/- to the opposite party on 20.5.2010 and requested for the documents of the vehicle. The opposite party assured that all the documents will be given back within 15 days. As per the assurance of the opposite party, the complainant sold out the vehicle to Popular Mega Motors Company and a new vehicle, “Tata Safari EX” was purchased. An agreement was given to the purchaser of the vehicle that the NOC and the other documents will be given within 15 days. But the opposite party never return the documents and NOC to the complainant even after receiving the lawyer's notice from the complainant. So the complainant was constrained to take back the vehicle sold out by her and it made severe mental agony and financial loss to the complainant. Hence this petition is filed for getting back the NOC, R.C. Book and other documents of the vehicle and also for compensation.

2. The opposite party was absent and was called as exparte.

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 is adduced by both the parties and Exts.P1 to P4 marked on the side of the complainant.

5. The POINT :- The complaint was filed for getting back the NOC, R.C. Book and other documents of the vehicle from the opposite party. Complainant's husband, Sivan.P.K, availed a vehicle loan from the opposite party company, for his vehicle bearing registration No.KL06D 1877 Maruthi Alto car. After the death of her husband, the complainant pre-closed the entire loan amount to the opposite party on 20.5.2010, by paying an amount of Rs.37,100/-. Ext.P1 is the copy of the receipt issued from the opposite party for the same. But the opposite party assured to return the original R.C. Book and NOC of the vehicle within 15 days. As per the assurance of the opposite party, the complainant sold the vehicle to the Maruthi Popular Mega Motors for an amount of Rs.1,70,000/-. She purchased a Safari EX car manufactured by Tata company, including that amount. Because of the non-availability of the documents, the complainant was not able to issue the documents to the purchaser of the vehicle. So she was constrained to take back the vehicle and a loss of Rs.1,00,000/- caused to her. A lawyer's notice was issued to the opposite party, even though, it was received by the opposite party, no reply was given by the opposite party. Ext.P2 is the office copy of the notice issued and Ext.P3 is the AD card for the same. Ext.P4 is the letter given by the opposite party, to the Popular Vehicle Services Ltd., confirming that loan of the vehicle bearing registration No.KL06D 1877, in the name of Mr.Sivan P.K., has been pre-closed by the payment of Rs.37,100/- and NOC shall be issued within 15 days.

As per the complainant, she has closed the entire loan to the opposite party and the vehicle was sold to Popular Mega Motors. At the time of closing the loan the opposite party assured to return the NOC, R.C. Book and another documents of the vehicle within 15 days. It was not done as per the assurance, so she was not able to produce the same to the purchaser of the vehicle and heavy loss is caused. Ext.P1 shows that the entire loan has been closed by the complainant and it is also admitted by the opposite party. It is written in the Ext.P4 letter that, NOC shall be issued within 15 days. So it is a gross deficiency from the part of the opposite party, the non-supply of the document of the vehicle even the vehicle loan was pre-closed by the complainant, after the death of her husband. It is also admitted by the opposite party, by Ext.P4 letter that the complainant pre-closed the loan as cash on 20.5.2010. The complainant sustained heavy loss because she was compelled to take back the vehicle because of the non-supply of the documents. So we think that Rs.5,000/- can be granted as compensation for the mental agony and sufferings caused to the complainant.

Hence petition allowed. The opposite party is directed to issue the NOC, R.C. Book and other relevant documents given by the husband of the complainant at the time of availing the loan within 7 days of receipt of a copy of this order. The opposite party is also directed to pay Rs.5,000/- as compensation and Rs.2,000/- as cost of this petition within one month 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 July, 2010.

Sd/-

SRI. LAIJU RAMAKRISHANAN (PRESIDENT)

Sd/-

SMT. SHEELA JACOB (MEMBER)

Sd/-

SMT. BINDU SOMAN (MEMBER)

APPENDIX

Depositions :

On the side of the Complainant :

Ni.

On the side of the Opposite party :

Ni.

Exhibits :

On the side of the Complainant :

Ext.P1 - Copy of the receipt No.903998876 issued from Mahindra Finance, for an amount of Rs.37,100/-.

Ext.P2 - Copy of the lawyer's notice issued by the complainant to the opposite party.

Ext.P3 - AD card for the Ext.P3 notice.

Ext.P4 - Copy of the letter from the opposite party to the Manager, Popular Vehicles and Services Ltd., Thodupuzha, dated 20.5.2010.

On the side of the Opposite party :

Nil.