By Smt. C.S. Sulekha Beevi, President,<br /> <br /> 1. The case of Complainant is that under a hire purchase arrangement complainant availed a loan of rs.1,00,000/- from 1st opposite party in respect of his vehicle KL-7/E 5311. It was agreed to repay a total amount of Rs.1,67,000/- by thirty six equated monthly instalments. Eventhough complainant repaid the entire amount opposite party has not issued clearance certificate after repeated requests. Hence the complaint.<br /> <br /> 2. Opposite party filed version contending that Forum has no territorial jurisdiction. Admitting the transaction it is pleaded that complainant has repaid only Rs.1,66,900/- and not Rs.1,67,000/-. That complainant was not regular in making payments and there is a delay of 971 days in repayment. Opposite party is entitled to claim interest @ of 36% for delayed payments and thus complainant is liable to pay Rs.19,262/- as additional interest. Complainant is not entitled to the reliefs claimed and complaint is only to be dismissed.<br /> <br /> 3. Evidence in this case consists of affidavits filed by both sides. Exts.A1 and A2 marked on the side of complainant. No documents marked on behalf of opposite party. No oral evidence adduced on either side.<br /> <br /> 4. The points that arise for consideration are:-<br /> (i) Whether opposite party has committed any deficiency in service? <br /> (ii) Reliefs and costs.<br /> <br /> 5. It is admitted that complainant availed of a loan of Rs.1,00,000/- in respect of his vehicle KL-7/E 5311. Opposite party contends in para two of the version that the amount to be repaid is Rs.1,67,000/- by 36 instalments of Rs.4700/- each. The last date of payment is 20-5-1998. It is averred in para 6 of the version that complainant has paid Rs.1,66,900/- on 13-5-1998 with delay of 971 days. Opposite party claims Rs.19,262/- as additional interest for the delay of 971 days, Complainant is aggrieved that even after repeated requests opposite party has not issued clearance certificate. Ext.A2 is the copy of lawyer notice issued on 8-5-2001 from Manjeri, Malappuram District. Complainant affirms that he received no reply and was forced to file the complaint. According to complainant he has paid the entire amount on 13-5-1998 ie., seven days prior to the last date of payment which is fixed as 20-5-1998. Counsel for opposite party contended that complainant is liable to pay additional interest for delayed payments. No document is produced by opposite party substantiate this contention. Copy of agreement or repayment schedule is not exhibited. On examining the amount of loan and the amount fixed for repayment it appears that interest at a flat rate on the entire sum for the entire period is calculated. Dimunition of principal is not taken into consideration for purpose of calculating interest and fixing instalments. If interest is collected on delayed payments it will amount to collection of interest for the second time, which is not allowable in law. The version will go to show that all instalments are paid and only a nominal amount of Rs.100/- is in balance. But complainant has paid the last instalment seven days prio9r to the date fixed. Interest upon the last instalment is also paid. This means nothing more is required to be paid by the complainant. He is entitled to clearance certificate. Eventhough compensation is claimed we find he is not entitled to get the same. This point is answered accordingly.<br /> <br /> 6. In the result, we allow the complaint and opposite party is ordered to issue clearance certificate to the complainant within three weeks from the date of receipt of copy of this order, failing which on the request by complainant copy of this order will be communicated to the concerned Regional Transport Officer who on receipt of copy of this order will cancel the endorsement in respect of vehicle No.KL-7/E 5311 in favour of opposite party. There is no order as to costs.<br /> <br /> Dated this 14th day of December, 2007.<br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1and A2<br /> Ext.A1 series (a to w): Receipts.<br /> Ext.A2 : Carbon copy of the Lawyer notice dated, 8-5-2001<br /> sent by complainant's counsel to opposite party. <br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Nil<br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br />