Kerala

Trissur

CC/06/612

Georgekutty.P.J - Complainant(s)

Versus

KInetic Finance Ltd - Opp.Party(s)

Sunny Thomas

24 Jun 2008

ORDER


CONSUMER DISPUTES REDRESSAL FORUM
Ayyanthole , Thrissur
consumer case(CC) No. CC/06/612

Georgekutty.P.J
...........Appellant(s)

Vs.

KInetic Finance Ltd
Joint Reional Transport Officer
...........Respondent(s)


BEFORE:
1. Padmini Sudheesh 2. Rajani P.S.

Complainant(s)/Appellant(s):
1. Georgekutty.P.J

OppositeParty/Respondent(s):
1. KInetic Finance Ltd 2. Joint Reional Transport Officer

OppositeParty/Respondent(s):
1. Sunny Thomas

OppositeParty/Respondent(s):




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ORDER

By Smt. Padmini Sudheesh, President: Petitioner’s case in brief is as follows: 1. Petitioner purchased a two wheeler (Kinetic Honda) from first respondent firm under Hire Purchase agreement. It was registered in second respondent’s office vide No.KL-8B/3397. As per the hire purchase system the cost has to be paid on 24 equal instalments. He has done this. But the No Objection Certificate is not yet furnished. Hence the endorsement of H.P. is not deleted from the R.C. Book. Several times N.O.C is demanded, but not issued. Notice sent on 27.7.05, no reply and no remedy. Hence this complaint. 2. The counter of 2nd respondent in brief is as follows. This respondent is an unnecessary party and the complaint has the defect of misjoinder of parties. No agreement is produced showing the termination of hire purchase agreement. As per the records H.P. is still existing. Petition may be dismissed with costs of this respondent. 3. First respondent appeared in person but no counter filed so far. So set exparte. 4. According to the petitioner, first respondent is the only person liable to issue No Objection Certificate and to delete the H.P.from R.C. book. Here first respondent is set exparte and 2nd respondent is unnecessary party. No evidence from first respondent. Ext. P1 to P4 marked on the part of the petitioner. 5. Heard the Counsel. 6. In the result, the petition is allowed and the first respondent is directed to issue No Objection Certificate and to delete the H.P. from R.C. Book and other documents containing the endorsements. First respondent is further directed to pay Rs.5000/- (Rupees five thousand only) as compensation and Rs.500/- (Rupees five hundred only) towards costs to the petitioner. Time for compliance one month. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 24th day of June 2008.




......................Padmini Sudheesh
......................Rajani P.S.