Kerala

Kollam

CC/07/290

Sabu George,Vadakke Veedu,Pooyappally.P.O.,Kottarakkara - Complainant(s)

Versus

The Manager,H.D.F.C. Bank,Iron Bridge,Kollam and Other - Opp.Party(s)

16 Jan 2008

ORDER


KOLLAM
CONSUMER DISPUTES REDRESSAL FORUM
consumer case(CC) No. CC/07/290

Sabu George,Vadakke Veedu,Pooyappally.P.O.,Kottarakkara
...........Appellant(s)

Vs.

The Manager,H.D.F.C. Bank,Iron Bridge,Kollam and Other
...........Respondent(s)


BEFORE:
1. K.VIJAYAKUMARAN ACHARI 2. RAVI SUSHA

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By Adv. Ravi Susha, Member Complaint stands filed for getting R.C. book and for other relief. The contents in the complain is summarized as follows: The complainant availed a vehicle loan of Rs.1,30,000/- from the 1st opp.party on 16.2.2006. The vehicle is duly hypothecated with the 1st opp.party as per the terms and conditions the complainant should pay an equal monthly instalments of Rs.4,570/-. At the time of disbursal of the loan the 1st opp.party informed the complainant that transfer of Registration of the vehicle is duly vested with the 1st opp.party bank and that the bank will forward the necessary application before the Regional Transport Office. In this process the complainant handed over necessary papers including R.C. book with the 1st opp.party on 16.2.2006. The 1st opp.party charged Rs.7,000/- from the loan amount for transfer of registration. The 1st opp.party did not have taken any step to transfer the vehicle till date. Inspite of repeated demands and personnel visit they did not care to return the R.C. Book. Hence the complainant prays for relief. The complainant is examined as PW.1 and marked Exts.P1 to P5. Opp.parties remained absent and hence they were set exparte. The point to be considered is whether the complainant is entitled to get the relief as prayed. Complainant could prove his case through the complaint, affidavit and through the Exts.P1 to P5. As the opp.parties have not adduced any evidence. The Forum is constrained to accept the evidence of the complainant. The action of the opp.parties that after receiving the charge for transfer of registration, no steps has been taken by him is a deficiency in service from his part. Hence the complainant is entitled to get relief. Therefore the complaint is allowed. The 1st opp.party is directed to transfer the registration certificate of KL-01/AC 3289 Indica car in favour of the complainant and issue the R.C. Book to the complainant. The opp.parties 1 and 2 are also directed to pay Rs.30,000/- as compensation. The order is to be complied with within one month from the date of receipt of the order. Dated this the 16th day of January, 2007. K. VIJAYAKUMARAN ACHARY: ADV. RAVI SUSHA : I n d e x List documents for the complainant P1. – Notice dated 4.9.2007 P2. – Receipt No.5699357 dated 27.6.07 P3. – Lawyers Notice P4. – Postal receipt P5. – Acknowledgement card.




......................K.VIJAYAKUMARAN ACHARI
......................RAVI SUSHA