Date of filing :13-02-2009 Date of order :29-08-2009 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.50/09 Dated this, the 29th day of August 2009 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER K.Anandan, S/o.Ambu, Kozhummal House, Chayyoth, Kinanoor Village, } Complainant Po.Chayyotyh, Hosdurg Taluk. (Adv. M.Narayanan, Hosdurg) The Branch Manager, Vardhaman Finance Corporation, I, Chandrappa Mundali Street, } Opposite party Sowcarpet, “Chennai 600079. (Exparte) O R D E R SMT.P.RAMADEVI, MEMBER The facts of the complaint in brief are as follows: The complainant is the owner of the vehicle bearing No.KL 14-D 486. He obtained the vehicle as per the unregistered agreement dated 19-10-2003 executed by V.K.Rajan, S/o.Alami. The opposite party is running financing business through out Kerala and Tamil Nadu. Sri. V.K.Rajan entered in to a Hire Purchase Agreement with the opposite party for a total sum of Rs.1,12,500/- promising to repay 30 monthly instalments of Rs.3750/- per month commencing from 31-12-2002. Out of the 30 instalments 11 instalments were paid by the original owner and the balance 19 instalments are paid by the complainant. Due to financial stringency the complainant failed to pay the last 7 instalments in time the opposite party had sent registered lawyer notice dated 20-03-2006 calling upon to repay Rs.26,250/- within 15 days of receipt of the notice to the complainant. On receipt of the lawyer notice the complainant sent DD to the opposite party for an amount of Rs.26,250/- drawn on North Malabar Gramin Bank. Now the entire loan amount is paid. After discharging the liability the complainant requested the opposite party to issue no objection certificate for cancel the Hypothecation agreement from the RC. But the opposite party neither send any reply nor issue the objection certificate. Hence the complaint is filed for necessary relief. 2. On admitting the complaint the Forum issued registered notice to the opposite party. The notice returned unclaimed with an endorsement that the addressee left. Hence the notice against Opposite party published in the Indian Express Daily. Then also the opposite party was not turned up. Hence the opposite party was set exparte. 3. The issue raised in this case for consideration are: 1) Whether there is any deficiency in service on the part of the opposite party? 2) If so, what is the relief and what is the order as to costs and compensation? 4. The evidence in this case consists of the affidavit filed by the complainant and Exts. A1 to A6. 5. As per Ext.A1 the agreement entered in to between the complainant and Sri.V.K.Rajan. He has transferred the vehicle to the complainant with a stipulation to pay the loan amount to the opposite party. The specific case of the complainant is that he has settled the accounts of the opposite party. Ext.A2 is the notice issued to the original owner of the vehicle by the opposite party shows that on 20-03-2006 the outstanding hire amount which has to be paid by V.K.Rajan was Rs.26,250/-. Ext.A5 is the photo copy of the DD sent by the complainant to the opposite party for the full satisfaction of the hire amount. Ext.A3 is the office copy of the lawyer notice issued to the opposite party by the complainant. As per Ext.A3 the complainant made a request before the opposite party to get No Objection Certificate for cancellation of the Hypothecation Agreement. 6. On gong through the entire records and facts of the case it is seen that the complainant has repaid the entire loan amount and he has asked for N.O.C. It is clear from the evidence that after getting the entire loan amount the opposite party was not ready to give N.O.C which the opposite party is bound to issue. Hence the Forum is of the opinion that there is deficiency in service on the part of the opposite party. Hence the complainant is allowed and the opposite party is directed to issue No Objection Certificate and H.P. Termination letter with respect to the vehicle bearing Reg.No.KL-14 D.486. Opposite party is also directed to pay Rs.3500/- as cost of this proceedings and Rs.6000/- towards compensation. Time for compliance is 30 days from the date of receipt of copy of the order. Failing which on application by the complainant direction will be issued to the concerned registering authority to cancel the endorsement of Hire Purchase from the RC of the vehicle bearing Reg.No. KL 14 D-486. The opposite party is also liable to pay interest @ 9% per annum for Rs.6000/- from the date of default till payment. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1. Photocopy of agreement A2. Copy of lawyer notice A3. 8-6-06 reply notice. A4. Photocopy of postal acknowledgement card A5. Photocopy of DD A6.Photocopy of courier receipt. Sd/- Sd/- Sd/- MEMBEDR MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
......................K.T.Sidhiq
......................P.P.Shymaladevi
......................P.Ramadevi | | 
