M.THANIKACHALAM, J. - (1.) The unsuccessful opposite party in C.C.84/2007 on the file of the District Consumer Disputes Redressal Forum, Madurai, is the appellant.
(2.) Facts leading to this appeal:- The complainant/respondent availing loan facilities from the opposite party bank, had purchased a two wheeler, for which, he had given post dated cheques, drawn on ICICI Bank to the opposite party since the loan amount has to be paid on installment basis at Rs.1,750/- per month. After the purchase of the vehicle, the opposite party has never handed over the original Registration Certificate, for the vehicle bearing Registration No.TN-59-T-3287, violating the usual practice. Whenever the complainant requested the RC Book, they told, original registration certificate was handed over, which is false. In the absence of the original RC, the complainant was unable to drive the vehicle, freely since under the Motor Vehicle Act, he has to possess the RC and show the same whenever demanded by the authorities concerned. The opposite party, since failed to hand over the original RC, complainant wrote a letter, willing to pre-close the loan, requesting to return the RC Book, for which, there was no reply. The opposite party collected the cheque bounced charge, penalty interest and despite the fact the complainant has fully settled the consumer loan, they have not returned the RC Book. Because of the original RC not given, the complainant was unable to cancel the hire purchase endorsement in the RC Book, which caused mental agony and other sufferings, for which, the complainant, is entitled to compensation. Thus alleging, seeking direction to hand over the original RC Book, as well compensation, a consumer complaint came to be filed.
(3.) Before the District Forum, the opposite party has not contested the case, resulting, an exparte order dated 17.08.2007, wherein, a direction has been given to hand over the original RC Book as well to pay a compensation of Rs.3,500/- along with cost of Rs.1,500/- which is challenged by the opposite party, as appellant in this Commission.;