SRI.K. ANIRUDHAN (MEMBER) Sri. Sheriff has filed this complaint before the Forum alleging deficiency in service on the part of the opposite parties. The brief facts of the case of the complainant are as follows:- On 9.12.2005, he had submitted the documents before the first opposite party; through the second opposite party for loan amount for the purchase of the vehicle bearing No.KL 04/D 388, TVS Star Deluxe Bike from the 3rd opposite party. At the time, he obtained the instruction to collect the RC Book of the said vehicle within 15 days from the Team Leader of Centurian Bank, Alappuzha. But from 25.12.2005 up to the date of filingof this complaint; he has not obtained the RC Book from the said opposite parties. Due to the non receipt of the RC Book; he could not run the vehicle and he could not conduct his business activities properly. There is no latches on his part to get the RC Book. Even though he contacted the opposite parties, he has not obtained a positive approach. Hence this complaint seeking relief. 2. Notice were issued to the opposite parties. Opposite parties 1 and 2 have not entered appearance before this Forum. Considering their absence, they were set exparte by this Forum, 3rd opposite party entered appearance and filed version. 3. In the version of 3rd opposite party, it is stated that they have no information regarding the documents submitted to the first opposite party. The complainant had availed the loan facility of M/s.Centurian Bank and taken the said vehicle from them. At the time of receiving the DD in their favour, they will take steps for getting the insurance and registration of the vehicle. It is stated that, on the basis of the receipt of the DD given by the complainant, they have taken steps for the issuance of insurance, registration and tax; and that they have issued the copy of the insurance certificate to the complainant in time. As per the instruction in the delivery order of M/s. Centurian Bank; the original RC Book has been accepted by the Marketing Executive Sri. Vijumon on 11.1.2006 together with the duplicate key, copy of insurance certificate. The said documents were accepted by them at the time of the delivery of the vehicle. They have no authority to entrust the RC Book to the complainant, since those documents were already collected by the Marketing Executive. They have undertaken the required formalities and entrusted the documents to the Centurian Bank. There is no deficiency in service on their part and the complainant is not entitled to get any compensation from them. 4. Considering the contentions of the parties, this Forum has raised the following issues:- 1) Whether there is any deficiency in service on the part of the opposite parties? 2) Compensation and costs. 5. Issues 1 and 2:- On the side of the complainant he ahs filed proof affidavit and produced Ext.A1 document in evidence and he has been examined as PW1 and cross examined by the 3rd opposite party. Ext.A1 marked. Ext.A1 is the copy of the Ledger maintained by the 3rd opposite party. It shows that Sri. Vijumon had collected the Books relating to the complainant on 11.1.2006. On the side of the opposite party 3, they had submitted that they have no oral evidence. 6. On a careful perusal of the entire matter of this case, it can be seen that with the finance of the first opposite party, the complainant had purchased the TVS Star Deluxe Bike from the 3rd opposite party, after the necessary instructions of 2nd opposite party. At the time of purchase of the said vehicle; the complainant had given instruction to collect the required documents; including original RC Book from the team leader of the 1st opposite party. 3rd opposite party had stated that on the basis of getting the DD from the complainant, they had taken necessary steps for getting registration and tax remittance for the said vehicle. On the instruction in the delivery order form of the first opposite party. 3rd opposite party had entrusted the original RC Book to Sri. Vijumon, Marketing Executive on 11.1.2006 together with the duplicate key, copy of insurance certificate and obtained acknowledgement. So opposite parties 1 and 2 are bound to entrust the documents with the complainant in time. But they had not taken any earnest effort to entrust the documents with the complainant in time. This shows that there is deficiency in service and negligence on the part of the opposite parties 1 and 2 and then they are jointly liable for that. Due to the delay in getting the said documents from the opposite parties 1 and 2, the complainant could not run his vehicle and sustained a lot of inconvenience. For this, opposite parties 1 and 2 are jointly answerable to the complainant. The entire matter shows that there is willful negligence and dereliction of duty on the part of the opposite parties 1 and 2 by way of delay in entrusting the documents of the said vehicle to the complainant in time. For this the complainant is entitled to get compensation and costs from the opposite parties 1 and 2. Hence after considering the whole matter, we are of the view that the allegations raised by the complaiannt against the opposite parties 1 and 2 are genuine and that the complaint is to be allowed. All the issues are found in favour of the complainant. In the result, we hereby direct the first and second opposite parties to return the original RC Book, Insurance certificate, duplicate key and other connected documents of the said vehicle to the complainant together with a compensation of Rs.5000/- (Rupees five thousand only) for his mental agony, pain, sufferings, loss and inconvenience due to the deficiency in service, willful negligence on the part of the opposite parties 1 and 2 by way of denial of entrusting of documents of the vehicle to the complainant in time, and pay a cost of Rs.500/- (Rupees five hundred only) for this proceedings. We further direct the opposite parties 1 and 2 to comply with this order within 15 days from the date of receipt of this order. Complaint allowed. Pronounced in open Forum on this the 29th day of November, 2008. Sd/- Sri. K. Anirudhan: Sd/- Sri. Jimmy Korah: Sd/- Smt.N.Shajitha Beevi: Appendix:- Evidence of the complainant:- PW1 - Sheriff (Witness) Ext.A1 - Copy of the Ledger Evidence of the opposite parties:- Nil // True Copy // By Order Senior Superintendent To Complainant/Oppo. parties/S.F. Typed by:-pr/- Compared by:- | 
