By Smt. C.S. Sulekha Beevi, President,<br /> <br /> 1. Brief facts of the case:-<br /> Complainant purchased a bus on 29-10-02 from first opposite party who is the dealer. Second opposite party is the manufacturer. The vehicle was purchased availing finance from third opposite party. It is contended that first opposite party had asked the complainant to remit Rs.20,000/- on assurance that the sum would be adjusted to the hire purchase account. Complainant accordingly remitted Rs.20,000/- on 29-10-02. On receiving the copy of hire purchase agreement complainant realised that the sum was not adjusted in the hire purchase account and therefore contacted first opposite party. Thereafter he sent a letter and a lawyer notice to first opposite party demanding the amount of Rs.20,000/- remitted by him. First opposite party has neither adjusted the amount to hire purchase account nor returned the amount to complainant. Hence the complaint.<br /> <br /> 2. First opposite party filed version specifically denying the remittance of Rs.20,000/- by complainant on 29-10-02. It is submitted that complainant had paid Rs.1,28,711/- totally on different dates for which receipts have been issued and that no amount as contended has been paid on 29-10-02. On receiving the letter complainant was met in person and explained about the inability to entertain his claim. A proper reply was sent to the lawyer notice issued by complainant. That complainant is not entitled to any reliefs and the complaint is liable to be dismissed. Supplemental Second and third opposite parties were impleaded as per orders in I.A.No.24/08 dated, 22-01-08 filed by complainant. Notice issued to them was served. They were absent and hence st exparte on 29-02-08.<br /> <br /> 3. Evidence consists of affidavits filed by complainant and first opposite party. Exts.A1 to A3 marked on the side of complainant. No documents marked on behalf of opposite parties.<br /> <br /> 4. The undisputed facts of this case are that complainant had purchased a bus from first opposite party availing finance arrangement from third opposite party. The say of the complainant is that he paid Rs.20,000/- on 29-10-02 to first opposite party who is the dealer, on assurance to adjust the amount tot he hire purchase account. He thus claims refund of this sum along with interest. The remittance of this amount is strongly denied by first opposite party. Ext.A1 and A2 are notices issued by complainant to first opposite party. In Ext.A1 and A2 besides stating the grievance regarding the non adjustment of Rs.20,000/- complainant alleges manufacturing defect of four tyres of the vehicle. Complainant has preferred a separate complaint before this Forum regarding the grievance of defective tyres. Complainant has not produced any document to prove the remittance of Rs.20,000/-. In para 4 of Ext.A2 it is stated by complainant that the amount was paid as an advance amount against booking after executing hire purchase agreement. If that be so complainant could have obtained at least a temporary receipt on the very same day of payment. Admittedly other amounts are paid by complainant to first opposite party for which due receipts have been issued by first opposite party. In the absence of any reliable evidence we find it difficult to accept the contention of complainant regarding the remittance of Rs.20,000/-. In the affidavit filed as well as in the complaint, the prayer is for a direction to opposite party for adjustment of Rs.20,000/- to hire purchase agreement and also for refund of Rs.20,000/- along with interest. The above reliefs are not claimed in the alternative and hence cannot be granted independently. We hold that complainant has failed to prove any case against first opposite party. Complainant had filed I.A.No.127/07 for interim orders to direct the opposite party to issue Non Objection Certificate with respect to the vehicle finance. At the time of filing the petition the financier/opposite party No.3 was not in the party array and this petition was kept in abeyance for taking steps to implead necessary party. Thereafter second and third opposite parties were impleaded as per I.A.No.24/08 filed by complainant. Another petition I.A.No.34/08 was filed by complainant to amend the complaint in order to incorporate the prayer of issuance of Non Objection Certificate of the vehicle in the main complaint. Though this prayer as stated in this petition is vague we thought not to clinch upon technicalities and hence allowed the petition for amendment. In the affidavit filed by complainant the prayer seeking for clearance certificate of the vehicle is clear and we therefore accept the same to be proper and sufficient. Finance for the vehicle was availed from third opposite party who has neither appeared nor filed any version in this case. Complainant affirms that he has paid the entire hire purchase amount and still third opposite party has not issued clearance certificate in respect of his vehicle No.KL-10 P-5069. We find third opposite party deficient in service. I.A.No.127/07 stands disposed as per order in this complaint.<br /> <br /> 5. In the result, complaint partly allowed. We order third opposite party to issue clearance certificate tot he complainant in respect of vehicle NO.KL-10 P 5069 within three weeks from the date of receipt of copy of this order , failing which on request 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 No.3 in respect of vehicle NO.KL-10 P 5069. We make no order as to costs.<br /> <br /> Dated this 3rd day of May, 2008.<br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> E. AYISHAKUTTY, 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.A1 to A3<br /> Ext.A1 : Letter dated, 26-9-2003 sent by complainant to 1st opposite party.<br /> Ext.A2 : Registered lawyer notice dated, 23-11-2004 sent by complainant's <br /> counsel to 1st opposite party.<br /> Ext.A3 : Registered reply lawyer notice dated, sent by opposite party's counsel<br /> to complainant's counsel.<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 /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> <br /> E. AYISHAKUTTY, MEMBER<br />