JUDGEMENT
M.V.VISWANATHAN, J. -
(1.)The above appeal is filed against the order dated:21st June 2010 of the
CDRF, Kasaragod in CC.167/09. The allegation in the said complaint was
that the opposite parties failed to return the registration certificate
of the vehicle on closure of the loan transaction entered into between
the complainant and opposite party/financier. The opposite parties
entered appearance and denied the alleged deficiency of service. They
contended that the loan was closed and the registration certificate was
handed over to the complainant. Thus, the opposite parties prayed for
dismissal of the complaint.
Before the Forum below, the complainant was examined as PW1 and a witness
from the side of the opposite parties was examined as DW1. Exts.A1 to A5
series and B1 and B2 documents were also produced from the side of the
parties to the said complaint. On an appreciation of the evidence on
record, the Forum below passed the impugned order directing the opposite
parties to return the registration certificate of the vehicle with
compensation of Rs.10,000/- and cost of Rs.3000/-. Hence the present
appeal.
Notice in this appeal was served on the respondent /complainant and he
entered appearance through counsel of his choice. We heard the learned
counsel for the appellants/opposite parties and the
respondent/complainant. The counsel for the appellants much relied on
Exts.B1 and B2 documents and argued for the position that the opposite
parties returned the registration certificate to the complainant and
there was no deficiency of service on the part of the opposite parties.
On the other hand, the respondent/complainant supported the impugned
order passed by the Forum below.
There is no dispute that the respondent/complainant availed a loan of
Rs.30,000/- from the opposite parties for the purchase of a motor cycle
bearing registration No.KL-14 D 7291. Admittedly, the registration
certificate of the said vehicle was entrusted with the opposite
party/financier on availing the aforesaid loan. It is also an admitted
fact that the respondent/complainant paid the entire loan amount with
interest and the said loan transaction was closed. It is the definite
case of the respondent/complainant that the opposite parties failed to
return the RC of the vehicle on closure of the loan transaction. Hence
the complaint was filed alleging deficiency of service.
The definite case of the opposite parties (appellants) is that they have
returned the registration certificate of the vehicle to the complainant
on closure of the loan transaction. Admittedly, there is no document
forthcoming from the side of the opposite parties to substantiate their
contention that the RC was returned to the complainant on closure of the
loan transaction. Ext.B1 and B2 documents are only photocopies of the
registration certificate and registration particulars of the said
vehicle. Those photocopies are not attested by any competent authority.
So, the Forum below has rightly placed no reliance on those documents.
The Forum below has also doubted the genuineness and correctness of those
documents because of the production of those documents by the opposite
parties. No reasonable explanation is forthcoming from the side of the
opposite parties as to how the opposite parties came into possession of
B1 copy of the registration certificate.
It is also the case of the opposite parties that the complainant availed
another loan by pledging the RC certificate with another financier by
name Sriram Transport Finance Company. But no document is forthcoming
from the side of the opposite parties to substantiate their contention
that the complainant himself availed another loan from Sriram Transport
Company. He had there been any such hire purchase transaction between the
complainant and the financier Sriram Transport Finance Company,
definitely there would be a hire purchase agreement entered into between
the parties. But the opposite parties could not adduce any evidence to
show the existence of such a hire purchase agreement. Thus, the Forum
below is perfectly justified in coming to a definite finding that the
opposite parties failed to return the registration certificate of the
vehicle to the complainant, on closure of the loan transaction. Thus, the
finding of the Forum below that there was deficiency of service on the
part of the opposite parties can be upheld.
Forum below has only directed the opposite party to return the
registration certificate to the complainant with compensation of
Rs.10,000/- and cost of Rs.3000/-. The compensation and cost awarded by
the Forum below can be treated as just and reasonable. So, the present
appeal deserves dismissal at the admission stage itself.
In the result, the appeal is dismissed at the admission stage itself. The
impugned order passed by the Forum below is confirmed. As far as the
present appeal is concerned, the parties are directed to suffer their
respective costs.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.