By Smt. Saji Mathew, Member:-

The gist of the case is as follows:- The complainant purchased a Pulsar Motor Cycle bearing No. KL 12 B 8673 from the 1^st Opposite Party. And as per the directing of the 1^st Opposite Party a loan of Rs.38,000/- was availed by the Complainant from the 2^nd Opposite Party. The 2^nd Opposite Party obtained 24 cheques from the Complainant for the repayment of loan and the Complainant remitted the entire loan as per the cheques issued to the 2^nd Opposite Party. The Complainant cleared the entire dues on 31.01.2007, within the prescribed time as per the direction of the 2^nd Opposite Party.

2. At the time of loan the R.C Book was kept by the 2^nd opposite party and after making the endorsement, the 2^nd Opposite Party provided a copy of R.C. Book to the Complainant.

3. After clearing the loan, when the Complainant approached the Opposite Parties for canceling the loan endorsement and for returning the R.C, they told excuses and evaded.

4. Therefore, the Complainant prays for an order directing the 2^nd Opposite Party to issue loan clearance certificate and return the R.C Book and 24 cheque leaves and to pay compensation of Rs.10,000/- and other cost. If the 2^nd Opposite Party is not issuing loan clearance certificate, the R.T.O Wayanad may be directed to issue duplicate R.C after canceling the loan endorsement.

5. The 1^st Opposite Party filed version and stated that they are only dealers and have no role in the loan transaction between the Complainant and 2^nd Opposite Party. The 2^nd Opposite Party was declared exparte.

6. The Complainant filed proof affidavit and documents were marked as Exts.A1 and A 2 series. No oral evidence adduced by the 1^st Opposite Party.

7. The matters to be decided are:-

1. Whether there is any deficiency in service on the part of the Opposite Parties?

2. Whether the Complainant is entitled for any relief.

8. Point No.1:- Ext.A2 series shows payment of an amount around Rs.67,000/-.  The Complainant's contention is that he has taken a loan of Rs.38,000/- no chart or agreement is produced to prove the loan amount or the loan period. In many vehicle finance case it is found that the loanee is not provided with the chart or agreement copy and the original R.C is retained by them. Here the 2^nd Opposite Party has not appeared or produced any documents. Therefore, the contention of complaint is taken as true and point No.1 is decided against the 2^nd Opposite Party.

9. Point No. 2:- As there is deficiency in service on the part of the 2^nd Opposite Party, the Complainant is entitled to get relief.

Therefore, the Complaint is partly allowed. The 2^nd Opposite Party is directed to issue No Objection Certificate for the cancellation of loan endorsement with R.C of the vehicle No. KL 12B 8673 and to return the R.C to the Complainant. If the 2^nd Opposite Party is not issuing NOC within 30 days of the receipt of this order, the Regional Transport Officer, Wayanad is directed to issue duplicate R.C canceling the loan endorsement for the vehicle No. KL 12B 8673 on proper application and sufficient fees prescribed by law even without the NOC from the financier. The 2^nd Opposite Party is also directed to pay a compensation of Rs.2,000/- and Rs.1,000/- as the cost of this case to the Complainant. This order is to be complied within 30 days of the receipt of this order by the 2^nd Opposite Party.

Pronounced in open Forum on this the day of 31^st July 2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witnesses for the Complainant:

Nil.

Witnesses for the Opposite Party:

Nil.

Exhibits for the Complainant:

A1. Copy of Certificate of Registration.

A2 series (16 Numbers) Receipts.

Exhibits for the Opposite Party:

Nil.