Kerala

Malappuram

OP/05/67

M SAIDALAVI, S/O AHAMMED - Complainant(s)

Versus

BRANCH MANAGER, SHRIRAM INVESTMENTS LTD - Opp.Party(s)

K.T SIDHIQ

08 Aug 2008

ORDER


DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MALAPPURAM
consumer case(CC) No. OP/05/67

M SAIDALAVI, S/O AHAMMED
...........Appellant(s)

Vs.

BRANCH MANAGER, SHRIRAM INVESTMENTS LTD
...........Respondent(s)


BEFORE:
1. AYISHAKUTTY. E 2. C.S. SULEKHA BEEVI

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By Smt. C.S. Sulekha Beevi, President, 1. This complaint is preferred by the power of attorney holder of the complainant. A bus bearing Reg.No.KL10-J 3033 was purchased by complainant for earning his livelihood. He availed a finance of Rs.5,00,000/- from opposite party for purchase of the bus. The total amount of Rs.7,62,620/- was to be repaid before 15-3-2004. At the time of availing the loan complainant had handed over five signed blank cheque leaves and also stamp paper along with copies of documents relating to his property. Complainant paid all the instalments regularly and the last instalment was paid two months prior to the due date. Opposite party failed to issue the hire purchase termination letter and did not return the documents. Hence this complaint. 2. Though opposite party appeared through counsel no version has been filed by opposite party. Evidence consists of affidavit filed by complainant and Exts.A1 to A3 marked on his behalf. No counter affidavit or documents filed by opposite party. 3. The receipts issued by opposite party for payment of instalments is produced by complainant and marked as Ext.A1 series. These documents prove that complainant has repaid the entire loan amount. On repayment complainant is entitled to receive the hire purchase termination letter. Opposite party has not adduced any evidence to controvert the case put forward by complainant. We find that opposite party is liable to issue hire purchase termination letter to complainant. 4. In the result, we allow the complaint and order that opposite party shall issue clearance certificate to the complainant in respect of vehicle KL-10 J 3033 within one month from the date of receipt of copy of this order failing which on request made by complainant copy of this order will be communicated to the concerned Regional transport Officer who on receipt of copy of this order shall cancel the endorsement in favour of opposite party in respect of vehicle No.KL10 J 3033. we make no order as to costs. Dated this 8th day of August, 2008. Sd/- C.S. SULEKHA BEEVI, PRESIDENT Sd/- E. AYISHAKUTTY, MEMBER APPENDIX Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Ext.A1 to A3 Ext.A1 : Receipts (24 Nos.) from opposite party to complainant. Ext.A2 : Power of Attorney. Ext.A3 : Carbon copy of the lawyer notice issued by complainant's counsel opposite party. Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Nil Sd/- C.S. SULEKHA BEEVI, PRESIDENT Sd/- E. AYISHAKUTTY, MEMBER




......................AYISHAKUTTY. E
......................C.S. SULEKHA BEEVI