The case of complainant is as follows:

 

            The complainant availed financial assistance from the second respondent to buy a Maruti vehicle. The financial aid was allowed and the amount was fixed Rs.1,58,000/- for getting the loan and the third respondent acted as the agent of the second respondent. A hypothecation agreement was executed on 6^th October 1998 between second respondent and the complainant. The repayment of amount was scheduled into 36 instalments and started on 6/10/98 and ended on 6/9/01 on the 36^th instalment. The complainant repaid entire instalments properly within the period. When the vehicle was registered hypothecation was noted in the Registration Certificate. After repayment of the entire loan amount the complainant approached the second respondent to give consent to delete the hypothecation note in the Registration Certificate. But they were not ready to give consent. Without deleting the hypothecation from the Registration Certificate book the petitioner could not transfer or sale the vehicle. There is no amount due to the respondents. Hence this complaint.

 

            2. The counter is as follows:

The second respondent and the petitioner entered into a hire purchase agreement regarding the terms and conditions of the repayment of the finance availed from the second respondent by the petitioner. No hypothecation agreement was entered into. The complainant had violated the terms and conditions of the Hire purchase agreement. The petitioner has not paid the entire hire money and other incidental expenses. The transaction between the petitioner and respondent is that of a hirer and owner. There is no loan transaction. It is incorrect to say that the complainant repaid entire hire money properly. It is also incorrect to say that after repayment the petitioner approached the second respondent many times to give consent to delete the hire purchase note in the Registration certificate. There is still a balance of Rs.2415/- due to these respondents. There is no cause of action and dismiss the complaint. 

 

            3. 3rd respondent called absent and set exparte.

            4. The points for consideration are:

1)Is there any deficiency in service ?

2) If so reliefs and costs ?

 

            5. The evidence consists of Exhibits P1 and P2 and R1 to R4 and testimony of RW1.

 

            6. Points: The case of complainant in brief is that he had availed financial assistance from the second respondent to buy a Maruti vehicle. It was allowed and the amount was fixed as Rs.1,58,000/-. A hypothecation agreement executed on 6/10/98 between the second respondent and complainant. He paid entire instalment amount and there is no amount due from him. So he approached the respondent to delete the hypothecation note in the Registration Certificate book. But it was not done by the respondent. So he was forced to file this complaint.

            7. In the counter of 1^st, 2^nd and 4^th respondents stated that the petitioner has not paid entire hire money and other incidental expenses. There is still a balance of Rs.2415/- due to these respondents. So according to them the complaint is liable to be dismissed.

 

            8. The complainant has produced Exhibit P1 repayment schedule to show the amount he had to pay. According to him entire amount he has paid and the second respondent refused to delete the hypothecation endorsement. The version of respondents is that there is still a balance of Rs.2,414.5/-. Exhibit R2 shows that Rs.2,414.5/- as the settlement amount. There is no details of payments made by the complainant. They simply stated that the complainant has due of Rs.2414.5/- and shows this amount as the settlement amount. In the counter it is stated that the petitioner has not paid the entire hire money and other incidental expenses. But the Exhibits R2 and R3 show the description of some amount and lastly as settlement amount Rs.2414.5/-. There is no explanation as to how they arrive at such amount. According to the respondents the complainant has not paid the entire hire money. But there is no details regarding the payments made. As per Exhibit R2, the balance was intimated only on 27/9/02 and they have no case that it was intimated to the petitioner much earlier and he refused to pay and so deletion of hypothecation was denied. Moreover there is no demand from the respondents to clear off the balance sum. There is no piece of paper produced by the respondents to show that they have intimated the complainant to pay Rs.2414.5/- to close the transaction.   The acceptance of Exhibit R2 by complainant is unaware. The respondents simply harassing the complainant without consenting to delete hypothecation. The complainant was unable to transfer the vehicle and it will cause injury to him. But there is no evidence to show the loss sustained to him. But from the records it is clear that the respondents simply dragged to delete the hypothecation note in the Registration Certificate book. So the complainant is entitled for compensation also.

 

9. RW1 was examined to prove the case of respondents 1,2 and 4. But nothing brought out to defeat the case of complainant.

10.In the result the complaint is allowed and the respondents 1,2 and 4 are directed to submit consent letter before the registering authority to delete the hypothecation endorsement in the Registration certificate book and further directed to pay Rs.5,000/- (Rupees five thousand only) as compensation and Rs.500/- (Rupees five hundred only) towards costs within one month from the date of receipt of copy of this order.

 

            Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced