By Smt. C. S. Sulekha Beevi, President,

1. Complainant had availed vehicle finance from first opposite party for an amount of Rs.1,37,000/-. He repaid the instalments without default. He repaid Rs.1,75,970/- towards the total amount of Rs.1,76,040/- as stated in the agreement. The balance payable was only Rs.70/- Complainant paid this amount vide cheque No.314921 dated, 01-01-2009. But opposite parties returned this cheque, and stated that Shrachi Securities Ltd which was acting as channel partner of first opposite party has merged with second opposite party herein and that all payments have to be made to second opposite party. For this reason second opposite party is made a party in this case. Complainant after remitting the full amount approached the opposite parties to issue the hire purchase termination letter. But opposite parties demanded Rs.3,047/- as additional payment. Till date opposite parties have not issued the hire purchase termination letter. Hence this complaint alleging deficiency in service.

2. First and second opposite parties were set exparte on 20-7-2009 on their being absent even after receiving notice. Thereafter I.A.382/09 was filed by second opposite party to set aside the exparte order. This was allowed. But second opposite party did not file any version. Third opposite party was impleaded as per orders in I.A.195/09. Third opposite party filed version stating that the dispute is between the financier and the complainant alone.

3. Complainant filed affidavit and Exts.A1 to A5 marked for him. Opposite parties have not filed any counter affidavit or produced any documents. Hence there is no contra evidence adduced before us. The claim of the complainant stands proved as seen from the evidence adduced by affidavit and documents. 1^st and second opposite parties have failed to issue the hire purchase termination letter in regard to the vehicle KL10/V 2013 even after repayment of loan by complainant. This amounts to deficiency in service. We find opposite parties deficient in service. We hold that issuance of the hire purchase termination letter and cancellation of the finance endorsement would be adequate relief to the complainant.

4. In the result we allow the complaint and order that first opposite party shall issue hire purchase termination letter in favour of complainant within one month from the date of receipt of copy of this order failing which the third opposite party shall cancel the endorsement in the Registration Certificate of the vehicle KL/10 V 2013, upon the complainant making an application for the same. There is no order as to costs.

Dated this 22^nd day of January, 2010.

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER

APPENDIX

Witness examined on the side of the complainant : Nil

Documents marked on the side of the complainant : Ext.A1 to A5

Ext.A1 : Photo copy of the Vehicle Loan Application Form submitted by Mohammed Shajeer

to first opposite party.

Ext.A2 : Photo copy of the letter dated, 07-3-2008 from first opposite party to Mohammed

Shajeer.

Ext.A3 : Photo copy of the letter dated, 27-4-2008 from first opposite party to Mohammed

Shajeer.

Ext.A4 : Photo copy of the letter dated, 13-6-2008 from first opposite party to Mohammed

Shajeer.

Ext.A5 : Photo copy of the letter dated, 06-01-2009 from second opposite party to Complainant.

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/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER