By Sri. K. Gheevarghese, President:<br /> <br /> <br /> The complaint filed under section 12 of the Consumer Protection Act.<br /> <br /> <br /> The Opposite Parties are declared exparty.<br /> <br /> <br /> The complaint in brief is as follows.<br /> <br /> The Complainant is the registered owner of the vehicle KL 12/B 8797. The Opposite Party is the Financier from whom availed loan for the purchase of the vehicle under the terms and conditions that the loan amount is to be remitted with 11% interest to the Opposite Party. The issuance of the loan to the Complainant was upon the receival of the registration certificate of the vehicle and 24 signed cheque leafs from the Complainant. The amount of monthly installments fixed was Rs.1,830/-. The payment of the installment amount was remitted in bank when the cheque was presented by the Opposite Party. In some occasions the cheques<br /> (Contd..... 2)<br /> - 2 -<br /> presented was dishonoured because of insufficiency of fund. The installments were fixed by the Opposite Party inclusive of their service charges interest at flat rate for the entire loan amount. The Complainant already paid Rs.43,920/- to the Opposite Party it includes the interest and other charges. The registration certificate was not given back to the Complainant with the endorsement of clearance. The Opposite Party is demanding further sum of Rs.3,500/- if the certificate of clearance is to be given to the Complainant. The Complainant is not liable to pay any amount apart from the amount already remitted. The act of the Opposite Party is an unfair trade practice and who may be directed to compensate the Complainant for the loss and hardships. There may be an order directing the Opposite Party to issue clearance certificate to the Complainant and to handover RC of the Registration Certificate of the vehicle along with Rs.2,500/- as compensation to the Complainant.<br /> <br /> The Complainant filed the chart of the installments that is Ext.A1. The amount remitted to the Opposite Party by the Complainant is Rs.43,920/- the payment was made as per the terms and conditions in Ext.A1. The Complainant reaffirmed the contention lodged by him through the Ext.A1. The financial terms is such that the amount finance to Rs.36,000/- and financial charges cum Rs.7,920/- and processing charges Rs.3,002/-. Ext. A1 further explaining that the amount receivable by the Opposite Party is already received. More over the Opposite Party is already declared exparty. The amount owed by the Opposite Party has being cleared and the non issuance of clearance certificate and RC Book to the Complainant is a deficiency in service and unfair trade practice.<br /> <br /> In the result, the Opposite Party is directed to give the Complainant the RC Book and the clearance certificate. The Opposite Party is also directed to give the Complainant the<br /> (Contd..... 3)<br /> - 3 -<br /> compensation of Rs.2,000/-(Rupees Two thousand only) along with cost of Rs.500/- (Rupees Five hundred only) within one month from the date of this order. In case of any failure on the part of the Opposite Party the complainant can execute this order as per the provisions of law.<br /> <br /> Pronounced in open Forum on this the 12th day of March 2008.<br /> <br /> <br /> PRESIDENT: Sd/-<br /> <br /> MEMBER: Sd/-<br /> <br /> /True Copy/<br /> <br /> <br /> <br /> PRESIDENT, CDRF, WAYANAD.<br /> <br /> <br /> APPENDIX<br /> <br /> Witnesses for the Complainant:<br /> <br /> Nil.<br /> <br /> Witnesses for the Opposite Party:<br /> <br /> Nil.<br /> <br /> Exhibits for the Complainant:<br /> <br /> A1. Chart of the installments. <br /> <br /> <br /> Exhibits for the Opposite Party:<br /> <br /> Nil.<br /> <br /> <br /> <br /> <br /> PRESIDENT, CDRF, WAYANAD.<br /> <br /> <br /> Compared by:<br /> M/