By Sri. Chandran Alachery, Member :
The complaint is filed under section 12 of the Consumer Protection Act for an order to direct the Opposite Parties to issue clearance certificate of the Vehicle No. KL10G 1328 – 1997 Mahindra Jeep.
2. The case of the complaint in brief as follows:- The Complainant purchased a Mahindra Jeep bearing No.KL10G 1328 – 1997 from Opposite Party No.1 on 16.12.2011 with the consent of Opposite Party No.2, the Complainant entered in to an agreement with Opposite Party No.1, Finance company is the 2nd Opposite Party. As per the terms stipulated in the agreement, the complainant repaid Rs.70,200/- being the full amount of the hire purchase to the Opposite Party No.2. The Complainant then asked clearance certificate from the Opposite Party No.2 but Opposite Party No.2 refused the no objection certificate and demanded more money. Aggrieved by this Complainant filed the complaint before this Forum.
3. On filing of complaint, notice were issued to Opposite Parties and the notice was served to the Opposite Parties on 29.06.2013 and 28.06.2013 respectively. Both the Opposite Parties did not appeared even though sufficient chances were given. Opposite Parties No.1 and 2 were set exparty by the Forum on 01.11.2013 and exparty evidence were adduced by the Complainant before the Forum and Marked Exts.A1 and A2.
4. On going through the complaint, affidavit and documents, the Forum considered the following points.
1. Whether there is any deficiency of service on the part of the Opposite Parties?
2. What order as to cost and Compensation?
5. Point No.1:- The Complainant produced Exts.A1 and A2 before the Forum. Ext.A1 is the copy of sale agreement and Ext.A2 is the original registration certificate. In the Registration certificate there is endorsement as regards to hypothecation. The Complainant proved his case by producing affidavit Exhibits. No contrary evidence is produced by the Opposite Parties in this case. The Opposite Parties did not appear in Forum even though they received notice. They were set exparty. On going through the complaint, affidavit, the Forum found that the Complainant paid the entire hire purchase amount to the Opposite Party No.2 and Opposite Party No.2 have an obligation to issue clearance certificate to the Complainant without delay. The case of the Complainant is that the Opposite Party No.2 demanded Rs.5,000/- more as overdue charges towards hire purchase. So the Opposite Party No.2 refused to issue clearance certificate. The reason for the refusal of clearance certificate is doubtful. When the Complainant denied the overdue charges, the burden is upon the Opposite Parties to prove the liability of additional charges of Rs.5,000/-. No such evidence is before the Forum. So the Forum reached to a conclusion that the Complainant entitled to get clearance certificate from the Opposite Party No.2. There is clear deficiency of service from the part of Opposite Parties. Point No.1 is found in favour of Complainant.
6. Since the point No.1 is found in favour of Complainant, the Complainant is entitled to get cost and compensation. Opposite Parties are liable to pay compensation. Point No.2 is found accordingly.
In the result, the Forum hereby direct the Opposite Party No.2 to issue No Objection Certificate to cancel the hire purchase endorsement in the Registration Certificate of the vehicle KL 10G 1328- 1997 Mahindra Jeep to the Complainant. The Opposite Party No.2 is also directed to pay Rs.500/- ( Rupees Five hundred) only as compensation for the mental agony and financial loss sustained to the Complainant and Rs.500/- (Rupees Five hundred) only as cost of the proceedings. The Opposite Party No.2 have to comply the order within 30 days from the date of the receipt of this order.
Pronounced in the Open Forum on this the day of 28th day of January 2014.
Date of filing:23.04.2013.
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
/True Copy/
PRESIDENT, CDRF, WAYANAD.
A P P E N D I X
Witness for the Complainant:
Nil
Witness for the Opposite Parties:
Nil
Exhibits for the Complainant:
A1. Copy of Sale agreement. dt:16.12.2011.
A2. Certificate of Registration.
Exhibits for the Opposite Parties:
Nil.
