By mt. C.S. Sulekha Beevi, President,<br /> <br /> 1. It is the say of complainant that he availed finance from opposite party for purchase of a vehicle for his livelihood by self employment. The agent of first opposite party stationed at Malappuram arranged the transaction. Complainant availed loan of Rs.50,000/- which was to be repaid in 20 instalments of Rs.3,350/- each. Complainant paid the entire amount and settled the loan on 06-10-07. Opposite party demanded Rs.5,000/- as additional hire charges and also failed to issue the hire purchase termination letter. Hence this complaint.<br /> <br /> 2. Notice to opposite party was served. Opposite party was absent and set exparte on 24-3-08.<br /> 3. Evidence consists of affidavit filed by complainant and Exts.A1 to A5 marked on his behalf. These documents prove that complainant had availed finance from opposite party in respect of his vehicle KL-11-R 7066. In Ext.A1 the total amount repayable is Rs.66,920/-. The amount was to be repaid in 19 instalments of Rs.3,350/- and the last instalment to be paid is of the amount Rs.3,270/-. As per Ext.A1 it is seen that complainant has repaid Rs.16,750/- only for which Ext.A2 receipt issued by opposite party. Complainant affirms to have paid Rs.33,500/- to the agent. This statement is not supported by any pleadings or documents. Further the said agent has not been made a party. It is further affirmed by complainant that though it is stated in the complaint that the entire loan amount was paid on 06-10-07 it was a mistake. That only Rs.33,500/- was paid to the agent on 06-10-07 and that no receipt has been issued. There is no reliable evidence to prove that complainant has repaid the entire loan amount. Complainant is not entitled to hire purchase termination letter without repaying the entire loan amount. We find that complainant has failed to establish a case in his favour, and hence not entitled to any of the reliefs prayed for.<br /> <br /> 4. In the result, complaint dismissed with no order as to costs.<br /> <br /> Dated this 25th day of August, 2008.<br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<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 A5<br /> Ext.A1 : Payment chart issued by opposite party to complainant.<br /> Ext.A2 : Receipt for Rs.16,750/- dated, 26-9-07 from opposite party<br /> to complainant.<br /> Ext.A3 : Postal card dated, 03-8-07 by opposite party to complainant.<br /> Ext.A4 : Postal card dated, 18-9-07 by opposite party to complainant.<br /> Ext.A5 : Lawyer notice dated, 16-7-2007 sent by opposite party to complainant.<br /> <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 /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br />