Azad Auto Finance and Auto Consulting Agency V/S Venugopal,S/o.Sadasivan Pillai,Vayaluvilasseril - Consumer Court Case

Kerala

Kollam

CC/07/78

Venugopal,S/o.Sadasivan Pillai,Vayaluvilasseril - Complainant(s)

Versus

Azad Auto Finance and Auto Consulting Agency - Opp.Party(s)

11 Dec 2007

ORDER

KOLLAM
CONSUMER DISPUTES REDRESSAL FORUM
consumer case(CC) No. CC/07/78

Venugopal,S/o.Sadasivan Pillai,Vayaluvilasseril						...........Appellant(s)
Vs.
Azad Auto Finance and Auto Consulting Agency						...........Respondent(s)

BEFORE:

1. K.VIJAYAKUMARAN ACHARI 2. RAVI SUSHA

Complainant(s)/Appellant(s):

OppositeParty/Respondent(s):

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ORDER

By ADV. RAVI SUSHA, MEMBER The complaint stands filed for getting an award directing the opp.party to close the vehicle loan and issue No Objection Certificate and for compensation and cost. The averments in the complaint as follows: Complainant was taken a loan of Rs.20,000/-on 25.8.2003 from the opp.party and purchased a Honda Activa Scooter. Total loan amount was closed on 20.3.2006. Even after closing the loan amount, the opp.parties are not ready to give Loan closure certificate and make endorsement in the R.C. Book. Hence prays for relief. Opp.party remain absent and hence set exparte. Complainant is examined as PW.1 and marked Ext.P1 and P2. The point that would arise for consideration are: [i] Whether there is any deficiency in service on the part of the opp.party. [ii] Cost and compensation: Points [i] & [ii] As the opp.party did not adduce any evidence, we are constrained to rely upon the evidence adduced from the complainants side. The complainant could very well prove his case through the complaint, affidavit, deposition in chief and the Exts. Marked. The complainant was heard. On perusal of Ext.P1 and P2mared. We find that there is deficiency in service on the part of the opp.parties. In the result , the complaint is allowed. The opp.party is directed to close the vehicle loan and issue no objection certificate relating to Vehicle No. KL.2 65000 Honda Activa Scooter. The opp.party is further directed to pay Rs.5000/-as compensation and Rs.1000/- as cost to the complainant. The order is to be complied with within one month from the date of this order. Dated this the 11th day of December, 2007. K. VIJAYKUMARAN ACHARY: Sd/- ADV. RAVI SUSHA:Sd/- Forwarded/by Order, SENIOR SUPERINTENDENT I n d e x List of documents for the opp.party P1. series - Cash Receipts P2. Payment book

By ADV. RAVI SUSHA, MEMBER The complaint stands filed for getting an award directing the opp.party to close the vehicle loan and issue No Objection Certificate and for compensation and cost. The averments in the complaint as follows: Complainant was taken a loan of Rs.20,000/-on 25.8.2003 from the opp.party and purchased a Honda Activa Scooter. Total loan amount was closed on 20.3.2006. Even after closing the loan amount, the opp.parties are not ready to give Loan closure certificate and make endorsement in the R.C. Book. Hence prays for relief. Opp.party remain absent and hence set exparte. Complainant is examined as PW.1 and marked Ext.P1 and P2. The point that would arise for consideration are: [i] Whether there is any deficiency in service on the part of the opp.party. [ii] Cost and compensation: Points [i] & [ii] As the opp.party did not adduce any evidence, we are constrained to rely upon the evidence adduced from the complainants side. The complainant could very well prove his case through the complaint, affidavit, deposition in chief and the Exts. Marked. The complainant was heard. On perusal of Ext.P1 and P2mared. We find that there is deficiency in service on the part of the opp.parties. In the result , the complaint is allowed. The opp.party is directed to close the vehicle loan and issue no objection certificate relating to Vehicle No. KL.2 65000 Honda Activa Scooter. The opp.party is further directed to pay Rs.5000/-as compensation and Rs.1000/- as cost to the complainant. The order is to be complied with within one month from the date of this order. Dated this the 11th day of December, 2007. K. VIJAYKUMARAN ACHARY: Sd/- ADV. RAVI SUSHA:Sd/- Forwarded/by Order, SENIOR SUPERINTENDENT I n d e x List of documents for the opp.party P1. series - Cash Receipts P2. Payment book

......................K.VIJAYAKUMARAN ACHARI
......................RAVI SUSHA