JUDGEMENT
A.K.ANNAMALAI, J. -
(1.) 1st opposite party is the appellant.
(2.) 1st Respondent/Complainant purchased Omni Maruthi Car from the 1st
opposite party through the finance availed from 2nd opposite party for
the vehicle having registration No.TN 38 S 6777 and repaid the entire
loan before 2008. When the 2nd opposite party approached for the return
of original R.C book, insurance and for no due certificate to clear the
endorsement in the RC book, the 2nd opposite party stated the original RC
book and the insurance policy are not handed over to them by the 1st
opposite party and whereas the 1st opposite party informed they delivered
the same to the 2nd opposite party as early as on 11.2.03 itself. Hence
the complainant sent a letter on 16.4.08 to the 2nd opposite party and in
spite of the same the documents are not returned with no due certificate
by the opposite parties and thereby the complainant come forward with
this consumer complaint claiming for return of original RC book and
insurance policy and Rs.1,00,000/- as compensation for deficiency of
service and for costs.
(3.) Before the District Forum since the opposite party not entered in
appearance and remained absent they were set exparte and the complaint
was allowed by the District Forum on merits, after considering the case
of the complainant with the materials relied upon by the complainant and
directed the 2nd opposite party to clear the endorsement and RC book and
to issue no due certificate for the entire loan amount and directing the
opposite parties 1 and 2 to return the RC book and insurance policy and
to pay a sum of Rs.10,000/- each to the complainant towards compensation
for deficiency of service by them and cost of Rs.500/-.;
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