DOF. 28.5.2009 DOO.29.1. 2011 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR Present: Sri.K.Gopalan: President Smt.K.P.Preethakumari: Member Smt.M.D.Jessy: Member Dated this, the 29th day of Jasnuary 2011 C.C.No.142/2009 C.K.C.Muhammed, ‘Kaval’, Kudukkimotta, P.O.Eachur, Kannur. (Rep. by Adv.P.K.Mahesh) Complainant The Managing Director, HDDFC Bank Ltd., Majestic Centre, Bye pass Road, Nr. Baby Memorial Hospital, Calicut 4. (Rep. by Adv. A. V. Balachandran) Opposite parties O R D E R Sri.K.Gopalan,President This is a complaint filed under section 12 of the consumer protection Act for getting an order directing the opposite party to return back the RC book and key to the complainant and also an amount of ` 25,000 as compensation with cost. The case of the complainant in brief is as follows: complainant availed a loan from Centurian Bank of Punjab Ltd. Which stands amalgamated with HDFC Bank Ltd. He has paid the entire amount and closed the account as agreed. Then the complainant requested tothe opposite party to return the original RC book and key. Pursuant to his letter dt. 16.6.2008, he received the closure letter on 20.6.2008. Opposite party advised the complainant to contact with their Kozhikode office and accordingly complainant went to their office several times and also contacted over telephone. But there was no result. In several occasions they asked the complainant to come to the office of the opposite party at Kozhikoe to receive the documents. But opposite party were evading from returning RC book and key. Opposite party is liable to return RC book and key immediately after closing the loan account. But opposite party deliberately delaying the matter. Opposite party’s act is highly illegal and against terms of the loan agreement. Hence this complaint. Pursuant to the notice opposite party entered appearance and filed version. The contention raised by opposite party in brief is as follows: This opposite party is HDFC bank, which is amalgamated with earst while Centurion bank of Punjab as such HDFC bank has taken the assets and liabilities of Centurion Bank of Punjab. The complainant’s allegation that opposite party was in custody of the key and the RC book only a falsely fabricated contention. This opposite party or the earstwhile Centurion Bank of Punjab never acknowledged the original RC book and the key of the vehicle mentioned in the complaint. This opposite party is not at all responsible for the mental agony alleged to have caused to the complainant. Hence to dismissed the complaint. On the above pleadings the following issues are raised for consideration. 1. Whether there is any deficiency in service on the part of opposite parties? 2. Whether the complainant is entitled for remedy as prayed in the complaint? 3. Relief and cost. The evidence consists of the oral testimony of PW1 and Exts.A1 to A10, Opposite party has not adduced any evidence. The matter was settled once and opposite party agreed to pay ` 2500 and the same submitted before the Forum. Hence Forum posted the matter for payment of the amount on 29.10.10. But on the day payment was not made and there after it was finally posted for payment on 29.11.10, opposite party was absent on that day and no one represented for opposite party. Since opposite party has not made the payment that the matter was posted finally for payment and inconsequence of being absent, opposite party was called absent and set exparte. The evidence closed and the matter was taken up for orders. However, opposite party produced the R.C book dramatically on the eve of final disposal of the matter. Issue Nos. 1 to 3 Admittedly complainant availed loan from opposite party. He has pleaded that he requested the opposite party to return back the RC book and key after making entire amount up to date. But the opposite party did not respond neither to his request nor the legal notice sent by the complainant dt. 11.8.08. Opposite party has taken a contention that the opposite party or the erstwhile Centurion bank of Punjab never acknowledged the original RC book and the key of the vehicle mentioned in the complaint. Complainant filed chief affidavit in lieu of chief examination. He has adduced evidence by proof affidavit that they have paid the entire amount of loan to opposite party but they have not returned the RC book and duplicate key. He has stated in his evidence that he has approached opposite party in their Calicut office 4 times as instructed by them and contacted over telephone several occasions. But they have not returned the RC book and duplicate key to the complainant. Complainant also stated that they have behaved to complainant rudely and try to harass him. Complainant also given evidence to this effect that opposite party ha not replied to the legal notice though he has received the same. He says due to the deficiency in service on the part of opposite party he is suffered mental agony and economic losses. Ext.A1 is the lawyer notice wherein he has stated that as per the advice of opposite party complainant went to the Kozhikode office of opposite party 4 times and made several calls, but all are in vain. It was also alleged in the notice that the attitude of the opposite party was very bad and harassing him in nature. It is specifically stated in the notice that though complainant went to the office of opposite party at Calicut several occasions to receive the documents as per opposite party’s direction, he was not given the RC book and the key. Hence the opposite party was called upon to return RC book and key along with `35000 towards compensation for mental agony and financial loss sustained by the complainant. Opposite party did not reply this notice. Non reply of notice itself is a deficiency of service on the part of opposite party. It is a subject of common knowledge that in the ordinary course of business while taking vehicle loan every bank will keep the RC book and duplicate key. Hence the mere denial of opposite party that they are not in a possession of RC book and key cannot be believed at all in usual course of understanding itself. However, opposite party has produced the R.C Book and that discussion is closed, though unfairness has been reflected throughout. The mental agony suffered by the complainant in anyway cannot be ignored. Complainant is entitled for compensation. Even though opposite party produced the R.C book they are liable to pay compensation. Considering the existing situation we are of opinion that opposite party is liable to pay compensation to the tune of `2500 together with `1000 as cost of these proceedings. Hence the issues 1 to 3 are found in favour of complainant. In the result, the complaint is allowed directing the opposite party to pay an amount of `2500(Rupees Two thousand five hundred only) as compensation and of `1000(Rupees One Thousand only) as cost of this proceedings to the complainant within one month from the date of receipt of this order, failing which the complainant is allowed to execute the order against the opposite party as per the provisions of consumer protection Act. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1 & A2. Copy of the lawyer notice sent to OP & Postal receipt A3 & A4.Copy of the closure letter and NOC issued by OP A5Copy of the order dt.20.5.08 issued by RBI A6.Copy of the payment receipt issued by OP A7.Copy of the term loan repayment schedule issued by Centurion Bank of Punjab. A8.Copy of the RC of the vehicle KL.13.E.8781. A9.Original RC request form issued by Centurion Bank. A10.Copy of Form 35 issued by HDFC Bank. Exhibits for the opposite parties: Nil Witness examined for the complainant: PW1.Complainant Witness examined for the opposite party: Nil /forwarded by order/ Senior Superintendent Consumer Disputes Redressal Forum, Kannur
| | [HONORABLE PREETHAKUMARI.K.P] Member[HONORABLE MR. GOPALAN.K] PRESIDENT[HONORABLE JESSY.M.D] Member | | 
