By. Sri. K. Gheevarghese, President:

The complaint filed against the opposite party for the non delivery of the Registration Certificate, Loan clearing certificate and spare key even after the closing of the liability.

2. The complaint in brief is as follows:- The complainant purchased a Bajaj XCD Motorcycle No. KL 12 D 1722 under finance of the 2^nd opposite party which was arranged by the 1^st opposite party. As per the scheme repayments was to be on monthly base of Rs.1,485/- and in total 34 installments to be remitted. The complainant made the entire repayment and the liability was closed on 07.02.2011. Upon demand of the complainant for Registration certificate, spare key and Loan Clearance Certificate the 1^st and 2^nd opposite parties are unresponding. The non delivery of the Registration Certificate book, Non Liability certificate and spare key by the opposite parties are nothing but deficiency in service. There may be an order directing the opposite parties to deliver the complainant Registration Certificate Book, Loan Clearance Certificate and spare key along with cost and compensation. In case any failure on part of 1^st and 2^nd opposite parties to deliver Registration Certificate, Loan Clearing Certificate the 3^rd opposite party may be directed to issue duplicate Registration Certificate Book with inscription that liability is closed. The complainant is also entitled to get Rs.5,000/- towards cost and compensation.

3. The 1^st opposite party filed version in short it is as follows:- The 1^st opposite party is involved in the 2 and 3 wheels of vehicles. Apart from the sale of the vehicle this opposite party has no connection with the allegations of the complainant. The Registration Certificate, spare key and other are not within the knowledge of this opposite party. More over this opposite party is an unnecessary party in this case and purposefully drawn into this litigation only for the purpose of jurisdiction.

4. The 2^nd opposite party filed version:- The allegation of the complainant is distorted and nothing but a tactics to evade himself from the liability with this opposite party in the vehicle finance. The loan availed for the purchase of the vehicle was to be repaid in installments as agreed by the parties for any defaulted payments the complainant is liable to pay the other expenses for the bounced cheque and late charges.

5. The post dated cheques issued to this opposite party were dishonored and became due to insufficient fund. At the time of availing the loan and entering into terms and conditions of agreement the complainant was well aware of the consequences if the cheque is bounced and for the delayed payments. The complaint filed is intended only to escape himself from the liability that is to be closed. The repayment installments agreed by the complainant is in 36 of monthly base of Rs.1,485/- in each month. The complainant was a chronic defaulter in repayments. The allegation of the complainant is that the Registration Certificate is in possession of this opposite party is nothing other than baseless averments. The registering authority would issue the Registration Certificate to the registered owner of the vehicle which consists of the lien endorsement of the financier. This opposite party is not in possession of the Registration Certificate of the vehicle. In the absence of clearing the liability, the complainant is not entitled to get Non Objection Certificate for the purpose of terminating the liability of the financier. The complainant has to make payments of the due amount. The complaint is based on false and unreasonable allegations and the complainant is to be dismissed with cost.

6. The sum up of the version filed by the 3^rd opposite party is as follows. The Motorcycle KL 12 D 1722 is registered in the name of Suresh, Kakkuzhiyil House, Nedumkarana, Meppadi with effect from 17.01.2008. Which is hypothocated to Bajaj Auto Finance Limited, Chakkarathukulam, Calicut. For termination of the agreement of hire purchase an application shall be made in form 35 duly signed by registered owner and financier and that shall be accompanied with certificate of Registration and appropriate fees. In this case no application in the prescribed form received by the 3^rd opposite party which is necessary for the cancellation of Hypothecation endorsement.

7. The points in consideration are:-

1. Is there any deficiency in service on the part of the opposite parties?

2. Relief and cost.

8. Points No.1 and 2 :- The evidence in this case consist of the proof affidavit of the complainant, Ext.A1 to A3 series and B1 to B3 are the documents produced. The oral testimony of complainant and 2^nd opposite party are also rendered in this case.

9. The dispute in issue is the non issuance of the Registration Certificate, spare key and Loan Clearance Certificate on closing hypothecation liability with the opposite party. According to the 1^st opposite party apart from the delivery of the vehicle as an agent who is in tie up with 2^nd opposite party the financier, no documents or spare key is with them. The 2^nd opposite party is the financier. The complainant according to 2^nd opposite party is a chronic defaulter. The complainant's case is that when the agreement was executed with the opposite party at the time of availing finance for the purchase of the vehicle. Post dated 34 signed cheques were given for monthly installments of Rs.1,485/- each. The EMI as per the records is Rs.1,485/-. The last due date of every payments is on 5^th of every month. The complainant has to pay penal charges for the bouncing of the cheques on perusal of Ext.B2 and from the oral testimony of the 2^nd opposite party. Out of the 34 installments even from the testimony of the 2^nd opposite party there is a slight difference in the repayment date, some of the repayments were also before the due date. On verification of the tabulation of the repayments how the 2^nd opposite party came to a conclusion of Rs.13,335/- till 31.05.2011 cannot be considered correct and appropriate. The 2^nd opposite party charged Rs.150/- as over due charges even for slight difference in the date of repayments. Whereas the repayments made earlier to the cut off date is silent about the interest or any other benefits for the complainant. According to 2^nd opposite party the Registration Certificate is in custody of the complainant and no spare key is with them. In some of the receipts produced it is also avered that along with installment amount an additional amount is charged as cheque bouncing charges. It is not clear from the documents produced how much is the amount due to the 2^nd opposite party. Whereas the Registration Certificate and spare key is not given to the complainant, it is true that after registration the Registration Certificate is normally given to the financier who makes an entry in the Registration Certificate of vehicle is under hypothecation. The complainant was not given the spare key, Registration Certificate and loan clearing certificate even after repeated requests. The 1^st opposite party has no role admittedly in the possession of Registration Certificate and  spare key. Whereas the 2^nd opposite party is the financier who made a entry of his liability in the Registration Certificate.

In the result the complaint is partly allowed. The 2^nd opposite party is directed to issue the complainant Registration Certificate, spare key and No Objection Certificate in Form 35 for the cancellation of hypothecation endorsement in the Registration Certificate. The 1^st opposite party is in tie up with 2^nd opposite party for the delivery of the motorcycle. In the absence of issuing original Registration Certificate Book to the complainant by the 2^nd opposite party the 3^rd opposite party is directed to issue duplicate Registration Certificate on application of complainant with necessary fees. The 2^nd opposite party further directed to issue application in Form 35 to the 3^rd opposite party for the cancellation of hypothecation endorsement. The 3^rd opposite party is also directed to cancel the hypothecation indorsement in the Registration Certificate of the vehicle in case any failure on the part of the 2^nd opposite party to issue the No Objection Certificate. The opposite parties are also directed to comply this order within one month from the date of receipt.

Pronounced in Open Forum on this the day of 31^st January 2012.

Date of Filing:25.04.2011.