BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 16/02/2011
Date of Order : 03/11/2011
Present :-
Shri. A. Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member.
C.C. No. 92/2011
Between
Mahesh Sathyan, | :: | Complainant |
S/o. Sathiavarthan, 33/2074 C, Sreekala Road, Vennala. P.O., Kochi – 682 028. |
| (By Adv. C.A. Joy, Thankam Building, Mathew Pylee Road, Ernakulam North. |
And
1. GMAC Financial Service India Ltd., | :: | Opposite parties |
2nd Floor, Cears Towers, Alappat Cross Road, Ravipuram, Kochi – 682 015. 2. Barclaus Investments & Loans (India) Ltd., Admin Office, 7th Floor, Bonanza, Sahar Plaza, M.V. Road, Andheri East, Mumbai – 400 059. |
| (Op.pts. absent) |
O R D E R
A. Rajesh, President.
1. The undisputed facts of the complainant's case are as follows :
The complainant purchased his Tavera car bearing Registration No. KL-7/BC-7557 with the financial assistance of Rs. 5,75,000/- from the 1st opposite party. On 16-06-2006, a hypothecation agreement was executed between the complainant and the 1st opposite party. As per the agreement, the complainant was liable to repay the amount in 47 equal instalments of Rs 15,975/- each. The installment period was from 13-07-2006 to 03-05-2010. The complainant had remitted the entire amount due in the loan transaction on 06-07-2010 and he requested the 1st opposite party to issue a No Objection Certificate to terminate the loan transaction. At that juncture, the 2nd opposite party issued a statement dated 27-01-2011 stating that an amount of Rs. 65,441.49 is due under the above transaction. The complainant has no relationship with the 2nd opposite party. The complainant is not liable to pay any more amount in the loan transaction. Thus, the complainant is before us seeking direction against the 1st opposite party to issue a No Objection Certificate and to declare that the present demand of the 2nd opposite party is illegal and to pay costs of the proceedings.
2. The notice of the 1st opposite party was effected through paper publication dated 23-07-2011. In spite of service of notice from this Forum, the 2nd opposite party refrain to appear or contest or their own reasons. Proof affidavit has been filed by the complainant. Exts. A1 to A4 were marked on the side of the complainant. Heard the counsel for the complainant.
3. The points that emanated for consideration are as follows :-
Whether the complainant is entitled to get full and final settlement letter for terminating the entire loan transaction and necessary form for cancellation of the hypothecation noted in the RC book?
Whether the complainant is liable to pay Rs. 65,441.49 as demanded by the 2nd opposite party?
Costs of the proceedings?
4. Point Nos. i. and ii. :- Ext. A1 is the copy of the registration certificate pertaining to vehicle bearing Registration No. KL-7/BC-7557 and uncontrovertedly the complainant is the registered owner of the vehicle. According to the complainant, he has remitted the amount in terms of the hypothecation agreement and Ext. A2 payment schedule fully. It is stated that the complainant is not liable to pay the amount as per Ext. A3 issued by the 2nd opposite party who is a stranger to the hypothecation agreement between the complainant and the 1st opposite party. Evidently, the 2nd opposite party has no locus standi, since he is never in the picture before the complainant though he might have some connection with the 1st opposite party which has no specification in the present case. In the above circumstances, we have no hesitation to hold that the 1st opposite party is liable to issue the No Objection Certificate of the vehicle, especially when there is no evidence to controvert the case of the complainant.
5. Point No. iii. :- Since the primary grievance of the complainant having been met squarely costs is not necessarily called for.
6. Accordingly, we allow the complaint and direct that,
the 1st opposite party shall issue a full and final settlement letter pertaining to the vehicle bearing registration No. KL-7/BC-7557 by terminating the hypothecation agreement between the complainant and the 1st opposite party.
the 1st opposite party shall issue necessary documents under the Motor Vehicles Act and Rules for cancellation of the hypothecation noted in the RC book of the vehicle.
it is made clear that the complainant is not liable to pay any more amount in this regard in this transaction.
The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.
Pronounced in open Forum on this the 3rd day of November 2011.
Sd/- A. Rajesh,President.
Sd/- Paul Gomez, Member.
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | Copy of the certificate of registration. |
“ A2 | :: | Copy of the repayment schedule for agreement No. 1053455 |
“ A3 | :: | Copy of the statement 27-01-2011 |
“ A4 | :: | Copy of the S.R.O. No. 255/2005 issued by the Govt. of Kerala. |
Opposite party's Exhibits :: Nil
=========
