By Sri. Mohammed Musthafa Koothradan, Member
1. Complainant is the owner of a vehicle No. K.L.10/S-8162. For purchasing the vehicle the complainant had availed a loan from the opposite party. The loan amount was Rs.1,44,000/- opposite party issued a chart for the loan and the term of loan was 22-5-2004 to 23-4-2007 that is 33 monthly installment. Each installment was Rs.5140/-. The total loan amount with interest was Rs.1,85,040/-. Out of this amount the complainant had paid Rs.1,85,600/-. The loan closed on 2007 itself.
2. After closing of the loan complainant asked hire purchase termination letter to opposite party, the opposite party asked an amount of Rs.75,845.78, later the amount was increased to Rs.76,405.78 as delay payment charge. Then the 2nd opposite party issued a notice on 6-8-2010 directing to pay Rs.90,608.38. The complainant had paid entire amount as mentioned in the payment chart. But the opposite party did not give hire purchase termination letter. The act of opposite party is the deficiency of service. Due to this act of opposite party the complainant had suffered heavy mental agony and monetary loss. So the complainant prays to direct the 1st OP to issue hire purchase termination letter, Confirmation letter and No-Objection Certificate to the complainant directing the 3rd opposite party to cancel the hire purchase endorsement in respect of the vehicle No K L10/S-8162 with a compensation of Rs.20,000/- for the mental agony and monitory loss and cost of Rs.5,000/-.
3. Notice issued three opposite parties. Opposite parties notice received. But did not appeared. Name called and set exparte. Later opposite party No.1 and opposite party No.2 filed I.A to set aside exparte order, allowed.
4. Opposite party No.1 and opposite party No.2 version filed denying all allegations and averments except those are admitted. opposite party No.1 states that they executed a deed of assignment with opposite party No.2 on 20-12-2003. As per the deed and its amendment made on 10-5-2008 the assess and liability with respect to the loan transaction with referred to complainant is transferred to the 2nd opposite party and the future recovery and all other steps in this legent are being done by the 2nd opposite party. So all later steps had taken by the 2nd opposite party. More over the statement of account with respect to this transaction is also maintain by the 2nd opposite party. So 1st opposite party has no role to give termination letter and other papers. 2nd opposite party states that they have no office and they are not conducting any business within the jurisdiction of this Forum. So the honourable Forum does not have territorial jurisdiction to entertain this compliant. The complainant had taken a vehicle loan, it is a commercial transaction. So the complainant is not a consumer. The agreement itself stating that the settlement of all disputes will be by the way of Arbitration. So complaint is not maintainable. The 2nd opposite party denying the statement of complainant that she had paid an amount of Rs.1,85,600/-. The complainant had failed to pay the installment amount without delay. So the complainant bounds to pay interest for overdue installment. So the complainant is not entitled to get hire purchase termination letter, confirmation letter and no-objection certificate. The complainant did not approach the 2nd opposite party for the clearance certificate, cancellation letter or on-objection certificate. The second opposite party had sent a notice to the complainant demanding the payment of the due amount, but the complainant did not care to response. If the complainant pays entire amount dues to the opposite party then the 2nd opposite party is ready and willing to issue all necessary certificates. There is no deficiency of service in the part of the opposite parties. The Forum may be dismiss the complaint with cost of opposite parties.
5. Evidence adduced in the side of complainant as affidavit and documents and Ext.A1 to A5 marked. Opposite party No.1 and opposite party No.2 filed counter affidavit and Ext.B1 marked in the side of opposite party No.1. Opposite party No.3 name called and set exparte.
6. The following points are considered in this matter:-
(a) Whether any deficiency of service in the side opposite parties?
(b) If so who is liable for the deficiency of service?
(c) What is the relief and costs?
7. Point (a):-
The complainant take a loan of Rs.1,44,000/-. The total loan amount with interest was Rs.1,85,504/- and it repay with 36 installments. The monthly installment was Rs.5,140/-. The interest for the loan was calculated as flat rate. The duration for the loan was 19-4-2003 to 19-4-2007. Ext.A4 shows that the complainant had paid an amount of Rs.1,70,180/-. Ext. A4 issued on 17-6-2007 and it issued by the opposite party No.1. As per Ext.A1 and Ext.A2 the complainant had paid an amount of Rs.1,85,600/-. Opposite party did not produce any documents to show the date of last payments made by the complainant. Opposite party No.1 produced a deed executed between opposite party No.1 and opposite party No.2 and it is marked as Ext.B1. No documents are produced by opposite parties to show that there is any balance due from complainant in the side of opposite parties. So we can say there is no balance payment in the side of the complainant. The complainant have the right to get hire purchase termination letter, confirmation letter and no-objection certificate. The opposite party No.1 did not give these certificate to the complainant. So there is a deficiency of service in the side of opposite party No.1 and opposite party No.2.
8. Point(b):-
The question is whether opposite party No.1 and opposite party No.2 are liable for the deficiency of service against the complainant. Ext.A4 Ext.A5 are issued by the opposite party No.1 and Ext.A1 and Ext.A2 are issued by the opposite party No.2. The Registration Certificate endorsement in the name of opposite party No.1. All payments for this loan was received by the opposite party No.1. So we can say the opposite party No.1 and opposite party No.2 are jointly and severally liable for the deficiency of service against the complainant.
9. Point (c):-
Opposite party No.1 and opposite party No.2 are jointly and severally liable to issue the hire purchase termination letter, confirmation letter and no-objection certificate respect to the complainant's vehicle bearing number KL-10/S-8162 within one month, other wise the opposite party No.3 (Regional Transport Officer) can take necessary steps for removing the hire purchase endorsement from the Registration Certificate. No order to cost.
10. In these result we allow the complaint. We orders that opposite party No.1 and opposite party No.2 are jointly and severally liable to issue hire purchase termination letter, confirmation letter and no-objection certificate of the complainant's vehicle No. K.L.10/S-8162 within one month from the date of receipt of this order copy. Failing which on request by the complainant a copy of this order will be communicated to 3rd opposite party, who on receiving the copy of this order shall cancel the endorsement in the Registration Certificate of the vehicle No.K.L.10/S-8162 standing in favour of opposite party No.1. No order as to costs.
Dated this 12th day of August, 2011.
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 : Registered post with A/D letter dated, 02-02-2010 from second
opposite party to complainant.
Ext.A2 : Registered post with A/D letter dated, 06-8-2010 from second
opposite party to complainant.
Ext.A3 : Photo copy of the registration certificate in respect of vehicle No.KL10/S-8162
Ext.A4 : Computer print of account statement from 01-3-2004 to 17-5-2007
from opposite party to complainant.
Ext.A5 : Customer copy of repayment receipt No.CTG ND 030622 dated, 30-9-2004
from first opposite party to complainant.
Witness examined on the side of the opposite parties : Nil
Documents marked on the side of the opposite parties : Ext.B1
Ext.B1 : Photo copy of the Deed of Assignment of assets with underlying security.
Sd/-
C.S. SULEKHA BEEVI, PRESIDENT
Sd/-
MOHAMMED MUSTAFA KOOTHRADAN, Sd/-
MEMBER E. AYISHAKUTTY, MEMBER
