Date of filing : 17.09.2012
Date of Order: 29.07.2022
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE AT VELLORE DISTRICT.
PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A., B.L., PRESIDENT
THIRU. R. ASGHAR KHAN, B.Sc. B.L. MEMBER – I
SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A. MEMBER - II
FRIDAY THE 29THDAY OF JULY 2022
CONSUMER COMPLAINT NO.58 / 2012
Thiru. M. Kuppaiah,
Son of M. Kannappa Reddy,
No. 1311, First Floor, Phase-II,
Sathuvachari,
Vellore – 09. ...Complainant
-Vs-
1. The Managing Director,
Shriram City Union Finance Ltd.,
No. 123, Angappan Naicken Street,
Chennai – 600 001.
2. The Branch Manager,
Shriram City Union Finance Ltd.,
No. 9/41, Arni Road,
Vellore – 632 001. ...Opposite parties
Counsel for complainant : Thiru.J.Sridharan
Counsel for first and second opposite parties : Thiru.K.Balaraman
ORDER
THIRU.A.MEENAKSHI SUNDARAM, B.A. BL., PRESIDENT:
This complaint has been filed under sec 12 of Consumer Protection Act 1986. The complainant has prayed to direct the opposite parties to return the original RC book of the car bearing registration number TN 07 R 0446 and to return the 20 original blank cheques, signed blank forms and signed blank papers and to pay a sum of Rs.5,00,000/- as damages for mental agony, inconveniences, loss and hardship due to gross deficiency of service along with interest at the rate of 18 % per annum and also to pay a sum of Rs.50,000/- towards cost of this proceedings.
1. The case of the complaint is briefly as follows:
The complainant availed a car loan of Rs.2,10,000/- from second opposite party in the month of October 2006. The registration number of the car is TN-07-R-0446. The allegation of the complainant is that at the time of availing the car loan, the opposite party received the Original RC Book for financial endorsement. Further the second opposite party also received the 23 blank cheques. Complainant repaid the entire loan amount. But, the opposite party did not return the RC Book of the car with financial endorsement. The complainant sends several letters, notices to the opposite party to return the RC book. There was no response. It is bound and duty of the opposite party to hand over the RC Book of the car to the complainant. The complainant is not liable to pay any amounts to the opposite party, the opposite party illegally retained the complainant’s RC Book, 20 blank cheques and blank signature forms and papers. Hence, they should return those documents to the complainant. Hence this complaint.
2. The written version of the opposite parties are as follows:
Per contra, the opposite party contented that the opposite party, never received original registration certificate from the complainant. In fact the complainant not complied with hypothecation endorsement in favour of Shri Ram City Union Finance Ltd., in the registration certificate of the car bearing TN.07.R.0446.The complainant has issued only six cheques and that too dishonoured at all occasions. The complainant totally repaid the loan amount to the tune of Rs.2,14,770/- after the lapse of loan tenure, the outstanding total arrear amount comes to Rs.2,69,951/- including regular instalments arrears, cheques bouncing charges and overdue charges as on 27.01.2014. The complainant never handed over the alleged RC Book and in fact he purchased a second hand car and retained the RC Book with him but he falsely made this complaint before this Honourable Commission. The opposite party denies all the alleged averments made in the complaint and the complaint is liable to be dismissed with the cost of this opposite parties. The second opposite party therefore prayed that the complaint against the opposite parties is not at all maintainable and the same deserves to be dismissed with cost.
3. Proof affidavit of complainant filed. Ex.A1 to Ex.A14 were marked. Written argument of complainant filed. Proof affidavit of opposite parties filed. Ex.B1 and Ex.B2 were marked. Written argument of opposite parties filed. Oral arguments of both sides heard.
4.The points that of arises for consideration are:
1. Whether there is any deficiency in service on the part of the opposite
Parties?
2.Whether the complainant is entitled for relief as claimed in the complaint?
3. To what relief complainant is entitled to?
5. Point Nos. 1 and 2: The complainant availed a car loan of Rs.2,10,000/- from second opposite party in the month of October 2006. The registration number of the car is TN-07-R-0446. The allegation of the complainant is that at the time of availing the car loan, the opposite party received the Original RC Book for financial endorsement. Further the second opposite party also received the 23 blank cheques. Complainant repaid the entire loan amount. But, the opposite party did not return the RC Book of the car with financial endorsement. The complainants send several letters, notices to the opposite party to return the RC Book. There was no response. It is bound and duty of the opposite party to hand over the RC Book of the car to the complainant. Where, the complainant is not liable to pay any amounts to the opposite party. the opposite party illegally retained the complainant’s RC Book, 20 blank cheques and blank signature forms and papers and they might have must be the same. Hence, they should return to the complainant.
6. Per contra, the counsel for opposite party contented that the opposite party, never received original registration certificate from the complainant. In fact the complainant not complied with hypothecation endorsement in favour of Shri Ram City Union Finance Ltd., in the registration certificate of the car bearing TN-07-R-0446. The complainant has issued only six cheques and that too dishonoured at all occasions. The complainant totally repaid the loan amount to the tune of Rs.2,14,770/- after the lapse of loan tenure. The outstanding total arrear amount comes to Rs.2,69,951/- including regular instalments arrears, cheques bouncing charges and overdue charges as on 27.01.2014. The complainant never handed over the alleged RC Book and in fact he purchased a second hand car and retained the RC Book with him but he falsely made this complaint before this Honourable Commission.
7. During the argument, without prejudice to their contention, the counsels for opposite party fairly admit that the RC book of the complainant was lost. If the complainant ready to pay the outstanding amount we will arrange a duplicate RC book. Therefore, we find that the RC book with the opposite party. The opposite party is ready to hand over RC book, if the complainants make the outstanding payment. We are of view that the opposite party car recovered their outstanding amount by filing civil suit etc., but they cannot retain the RC book a legal document issued for the purpose of travelling. They cannot retain the RC book as security for repayment of loan. Therefore we find that there is a deficiency in the service on the part of the first and second opposite parties. Hence these Point Nos. 1 and 2 are decided in favour of the complainant.
8.POINT NO.3: As we have decided in Point Nos. 1 and 2 that there is a deficiency in service on the part of the first and second opposite parties. The first and second opposite parties are jointly or severally directed to return the Original R.C book of Vehicle bearing Registration No. TN 07 R 0446 and to pay a sum of Rs.50,000/- (Rupees Fifty Thousand only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) towards cost to the complainant. Hence this Point No.3 is also answered accordingly.
9. In the result this complaint is partly allowed. The first and second opposite parties are jointly or severally directed to return the Original R.C book of Vehicle bearing Registration No. TN 07 R 0446 and to pay a sum of Rs.50,000/- (Rupees Fifty Thousand only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) towards cost to the complainant, within one month from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% per annum from the date of this order to till the date of realization.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the 29th July, 2022.
Sd/- Sd/- Sd/-
MEMBER – I MEMBER – II PRESIDENT
LIST OF COMPLAINANT SIDE DOCUMENTS:
Ex.A1-23.12.2011 - Copy of application given by the complainant under Right to
information Act to RTO, Thiruvanmayur, Chennai-14
Ex.A2-26.12.2011 - Served postal acknowledgement
Ex.A3-26.12.2011 - Served postal acknowledgement
Ex.A4-02.01.2011 - Copy of reply issued by the RTO, Thiruvanmayur, Chennai-41
Ex.A5-08.07.2011 - Copy of notice issued by the complainant and postal receipt
Ex.A6 - Copy of first opposite party served postal acknowledgement
Ex.A7 - Copy of served postal acknowledgement
Ex.A8-23.04.2012 - Copy of notice issued by the complainant
Ex.A9 - Served postal acknowledgement
Ex.A10 - Xerox copy of the RC Book
Ex.A11 - Certified Xerox copy of complainant in CC.No.24/2005
Ex.A12 - Certified Xerox copy of counter in CC.No.24/2005
Ex.A13 - Certified Xerox copy of proof affidavit in CC.No.24/2005
Ex.A14 - Certified Xerox copy of Judgement in CC.No.24/2005
LIST OF OPPOSITE PARTIES SIDE DOCUMENTS:
Ex.B1 - Copy of authorisation letter
Ex.B2 – 27.01.2014 - Statement of Accounts
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MEMBER – I MEMBER – II PRESIDENT
