D.Jothi, W/o Duraisamy, v. The Manager, TVS Credit Services Limited,

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The brief averments of the complainant are as follows:

1. The complainant purchased one Jupiter 110 CC Refresh model 2017 from Sri Sakthi Sarada Enterprises for Rs.66,500/- and approached the opposite party for vehicle loan. The opposite party accepted the loan agreement vide No.TN3003TW0057013 and issued a cheque for Rs.60,700/- and on the same day the complainant had paid the deduction amount of Rs.11,547/-. As per the loan agreement, after reduction of Rs.11,547/- the complainant has to pay 30 instalment of Rs.2,755/- for total amount of Rs.82,650/-. The complainant paid the instalments regularly and the last payment of the instalment was on 07.09.2018 for Rs.2,898/- The complainant requested to return the RC book but the opposite party have not returned it till date. Hence the complainant issued a legal notice on 16.03.2019 and the same was received by the opposite party on 18.03.2019 but they neither replied nor returned the RC book causing mental agony to the complainant. The opposite party has committed deficiency of service. The complainant prays to direct the opposite party.

a. To hand over the original RC book

b. To pay a sum of Rs.50,000/- for deficiency of service

c. Cost of this complaint.

The brief averment of the written version filed by the opposite party is as follows:-

2. The opposite party accepted their hypothecation loan agreement between the complainant for her vehicle with them, and submitted that the total amount as per agreement was a sum of Rs.82,650/- ie., Rs.60,700/- (financial amount ) + Rs.21,950/- (finance charges ) to be repaid in 30 monthly equated instalments of Rs.2,755/-, and the complaint had paid an advance instalment of Rs.1,716/- only but have falsely stated that the complainant had paid Rs.11,547/- as deduction amount to opposite party. The hypothecation loan agreement termination period was 07.04.2020, and the complainant opted for pre-closure, and on 12.11.2018, the complainant paid Rs.43,593/- and the opposite party had promptly issued NOC on 14.11.2018 itself and the complainant did not raise any issue regarding RC book . After elapsing of 4 months the complainant had suddenly raised the issue of RC which was believed

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to be in the custody of the complainant. The complaint received the RC book on 11.01.2018 stating that it was required to be produced to the showroom persons for verification. After that she had not handed over it to the opposite party. As the complainant was paying dues regularly the opposite parties did not insist the complainant to produce it. Since there is no deficiency of service, the complaint is liable to be dismissed with heavy cost.

3. The complainant has filed his Proof Affidavit and Ex.A1 to Ex A6 have been marked. The opposite party has filed his Proof Affidavit and Ex.B1 has been marked.

4. The points for consideration in this complaint are:

1) Whether there is deficiency in service on the part of opposite parties?

2) What are the reliefs the complainant is entitled to?

Point No.1:

5. The complainant submitted that he purchased one Jupiter 110 CC vehicle bearing registration No TN 66 W4452 for Rs.66,500/- and approached opposite party for a vehicle loan and upon loan agreement, the opposite party, issued a cheque for Rs.60,700/- and on the same day the complainant had paid a deduction amount of Rs.11,547/-. As per agreement, after deduction of Rs.11,547/- the complainant has to pay 30 instalment of Rs.2,755/-, total instalment of Rs.82,650/-,and the complainant had paid instalments regularly and the last instalment of Rs.2,898/- was paid on 07.09.2018.When the complainant requested the opposite party for the RC book, the opposite party have not handed over the RC book till date. Hence the complainant issued a legal notice on 16.03.2019 to handover RC which was received by the opposite party on 18.03.2019 and they neither replied nor returned the RC. The opposite party had committed deficiency of service and the complainant is entitled for the reliefs claimed.

6. The opposite party accepted the hypothecation loan agreement and the complainant had paid an advance instalment of Rs.1,716/- only, but have falsely stated that the complainant had paid Rs.11,547/- as deduction amount . The agreement termination period was 07.04.2020, but the complainant opted for pre-closure. On 12.11.2018 the complainant paid

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Rs.43,593/- and opposite party had promptly issued NOC on 14.11.2018 itself and the complainant did not raise any issue regarding RC book . After 4 months, the complainant had suddenly raised the issue of RC which was believed to be in the custody of the complainant. The complainant received the RC book on 11.01.2018 stating that it was required to be produced to the showroom persons for verification. After that she had not handed over it to the opposite party. As the complainant was paying dues regularly the opposite party did not insist the complainant to produce it. Hence there is no deficiency on their part.

7. On the perusal of the documents filed by the complainant Ex A1 is the account statement, Ex.A2 is the NOC, Ex.A3 insurance certificate , Ex.A4 is the legal notice, Ex. A5 is the acknowledgement card showing that the opposite party had received the legal notice , Ex.A6 is the opposite party permission letter to the complainant. The complainant claimed that the original RC was not given to her. The opposite party stated that the complainant had received the RC book on 11.01.2018 itself. But the opposite party has not filed any proof to show that the RC book was handed over to the complainant on 11.01.2018. Generally no financier would hand over the RC book without obtaining acknowledgement from the borrower. The opposite party has not given any reason for not producing any proof for handing over the RC book.

8. Considering the materials on record, exhibits marked and in view of the above discussion, this Commission comes to the conclusion that the opposite party has committed deficiency of service by not handing over the original RC to the complainant. Point No.1 is answered accordingly.

Point No.2:

9. Further, the Commission feels that it would be appropriate to direct the opposite party to pay Rs.15,000/- as compensation for the mental agony suffered by the complainant and Rs.5,000/- for the cost of the proceedings. It will be justifiable to direct the opposite party to return the RC book bearing registration no. TN66W4452 duly cancelling the hypothecation. Point No.2 is answered accordingly.

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10. In the result, this complaint is allowed directing the opposite party (i) to return the original RC book bearing registration No.TN 66 W 4452 to the complainant; ii) to pay a sum of Rs.15,000/- (Rupees Fifteen thousand only) as compensation for mental agony suffered by the complainant due to deficiency in service and iii) to pay a sum of Rs.5000/- (Rupees Five thousand only) towards cost of the proceedings. The above amount of compensation and cost of the proceedings to be paid within a period of one month from the date of this order failing which the opposite party shall be liable to pay interest at the rate of 9% p.a. towards the above said total amount till it is realized.

Pronounced by us in Open Commission on this the 23^rdday of January, 2023. (Sd/-) (Sd/-) (Sd/-)

(G.SUGUNA) (P.MARIMUTHU) (R.THANGAVEL)

Member Member President

List of Exhibits marked by the complainant:

1. Ex. A1/ Copy of the Account Statement

2. Ex. A2/14.11.2018 Copy of the No Objection Certificate

3. Ex. A3/ Copy of the Insurance Certificate

4. Ex. A4/16.03.2019 Copy of the Legal Notice

5. Ex. A5/18.03.2019 Acknowledgement Card

6. Ex. A6/31.10.2017 Copy of the opposite party issued a permission letter to the complainant.

List of witnesses examined on the side of complainant:

1. PW1/18.08.2022 D. Jothi W/o Duraisamy , Complainant.

List of Exhibits marked on the side of opposite party:-

1. Ex.B1/ 05.02.2020 Copy of the Authorization Letter

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List of witnesses examined on the side of opposite party:

1. RW1/29.09.2022 J. Baskar S/o D. Jothimark, Asst Legal Manager, Opposite Party (Sd/-) (Sd/-) (Sd/-)

(G.SUGUNA) (P.MARIMUTHU) (R.THANGAVEL)

Member Member President