Kerala

Kozhikode

373/2006

E.SIVASANKARAN. - Complainant(s)

Versus

BAJAJ AUTO FINANCE. - Opp.Party(s)

THRIVIKRAMAN NAMBUTHIRI.

28 Nov 2008

ORDER


KOZHIKODE
CONSUMER DISPUTES REDRESSAL FORUM,CIVIL STATION
consumer case(CC) No. 373/2006

E.SIVASANKARAN.
...........Appellant(s)

Vs.

BAJAJ AUTO FINANCE.
...........Respondent(s)


BEFORE:
1. G YADUNADHAN B.A.2. JAYASREE KALLAT M.A.

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By G. Yadunadhan, President: The case of the complainant is that, complaint had purchased a Bajaj CT Boxer bearing Registration No. KL 11 P 9401, which was financed by opposite party. As per the terms, complainant closed the loan by paying the entire dues on 7.12.2005. After receiving the entire amount, opposite party had not issued No Objection Certificate for canceling the hypothecation in the R.C.Book. Hence the complainant seeking relief against the opposite party to issue No Objection Certificate for cancellation of the hypothecation and to pay a compensation of Rs.10,000/-. After duly serving notice to the opposite party, opposite party called absent and set exparte. Complainant was examined as PW1 and Exts. A1 to A4 were marked. From the evidence of PW1 and Exts. A1 to A4, complainant’s case is proved. Therefore, petition is allowed and the opposite party is directed to issue No Objection Certificate for canceling the hypothecation in the R.C. Book and also to pay a compensation of Rs.5,000/- to the complainant. No cost is ordered. Comply the order within one month. Pronounced in open Court this the 28th day of November 2008. Sd/-President Sd/-Member APPENDIX Documents exhibited for the complainant: A1series Photocopy of receipt Nos. 70153901 & 70153900. A2 Photocopy copy of proposal history card. A3 Photocopy of lawyer notice. A4 Photocopy of postal registration receipt and acknowledgement card. Documents exhibited for the opposite party: Nil. Witness examined for the complainant: PW1 Sivasankaran, S/o. Sami.E., Complainant. Witness examined for the Opposite party: None. -/True copy/- Sd/- President (Forwarded/By Order) Senior Superintendent.




......................G YADUNADHAN B.A.
......................JAYASREE KALLAT M.A.