Smt. Sheela Jacob (President I/C):

                   This case is based on the consumer complaint filed under section 12 of the Consumer Protection Act, 1986.

                   2. The averments in the complaint in short, are as follows.

                   3. The complainant purchased a car bearing registration no.                KL-26E-2696 from the 1^st opposite party on executing an hire purchase agreement.  He took a loan of Rs. 4,99,999/- on 28/10/2013.  The 2^nd opposite party had introduced the 1^st opposite party to the complainant.  As security for the repayment of the amount, cheque leaves and other documents were entrusted to the opposite party.  As per the terms of the hire purchase agreement, the complainant has to pay 60 monthly installments of Rs.8,940/-.  As per the terms and conditions of the hire purchase agreement the complainant had paid the entire loan amount without any default and the last payment was effected in the month of 2018 September, that is one month before the scheduled payment.  Thereafter the complainant approached the 1^st opposite party several time for getting the NOC, cheques and other documents.  But they have not issued the NOC & other documents by saying one or other reasons.  Because of the above said act of the 1^st opposite party, the complainant is put to irreparable injury and sufferings.  While so on 29/09/2016, the 1^st opposite party send a legal notice to the complainant stating that he had in arrear of Rs. 34,645.25 in connection with the loan transaction.  The complainant was not a defaulter of Rs. 34645.25 so the complainant sent a reply notice to the opposite party on 27/10/2016.  Thereafter on 26/09/2018, the complainant sent a legal notice to the 1^st opposite party for issuance of the NOC and return the unused cheque of the complainant bearing No. 852662 to 852666(5 in numbers) dream at the SBI Elamannoor Brach and the opposite party received the said legal notice.  But the opposite party declined to give NOC and 5 cheques leaves.  Due to the above said act of the opposite party complainant sustained huge loss.  The above said act of the opposite party is a clear deficiency in service, which caused financial loss and mental agony to the complainant and the opposite party is liable to the complainant for the same.  Hence this complaint seeking an order directing the 1^st opposite party for issuing the NOC and return unused cheque (5 in number) along with compensation to the tune of Rs.5,00,000/-.

                   4.  In response to the notice issued by this Forum the opposite parties did not appear hence opposite parties were declared ex parte.

                   5.  Complainant filed proof affidavit by reiterating the averments in the complaint and got marked Ext. A1 to A4. Ext. A1 is the legal notice dated: 26/09/2017 issued to the 1^st opposite party.  Ext. A2 is the postal receipt dated:27/09/2018.  Ext. A3 is the AD Card.  Ext. A4 is the statement of account issued by 1^st opposite party. Heard the complainant and perused the records.   

                   6.  The Point:- The complainant’s case is that he had purchased a car from the 1^st opposite party on executing an hire purchase agreement.  The entire loan installments are paid by the complainant without any default before the loan period.  Thereafter he approached 1^st opposite party several time for getting the NOC.  He had also given 5 cheque leaves as demanded by the 1^st opposite party.  Even after, this opposite party failed to issue NOC.  NOC is highly necessary for canceling the CC endorsement from RC Book.  In the circumstances, the complainant had sustained irreparable injury and losses due to the non-issuance of the NOC by 1^st opposite party.  The above said act of the opposite party is a clear deficiency in service and they are liable to the complainant for the same.  Therefore the complainant prays for allowing the compliant.

                   7.  In order to prove the case of the complainant, complainant adduced oral testimony as PW1 and produced 4 documents.  Which are marked as Exts. A1 to A4.  Ext. A1 is the legal notice dated:26/09/2017 issued to the 1^st opposite party on behalf of the complainant.  Ext. A2 is the postal receipt dated:27/09/2018.  Ext. A3 is the AD card evidencing the sending of lawyers notice.  Ext. A4 is the statement of account in the name of the complainant issued by the 1^st opposite party from 01/04/2015 to 17/09/2018.

                   8.  On the basis of the available materials on record, it is seen that the complainant is the registered owner of a car bearing registration No. KL-26E-2696 and he purchased the said vehicle by availing loan from the 1^st opposite party which is evident from Ext. A4.  At the same time Ext. A4 shows that the complainant had paid the entire loan amount.  The last installment was paid on 17^th September 2018.  In Ext. A4 shows that summary of cheque cleared and bounced till 18^th September 2018.  Number of cheque blanked was 3 numbers and number of cheques cleared were 3 numbers.  Number of cheque bounced is zero. In Ext.  A4 statement of account shows that any cheque bounced till 18^th September 2018.  The complainant paid entire amount before 10^th October 2018 i.e., before the maturity date.  Thus we find that the complainant is not a defaulter to the 1^st opposite party.  The complainant’s case is that he had cleared his loan to the 1^st opposite party, they are not issuing the NOC.

                   9. Since the opposite parties are ex-parte and there is no reason to disbelieve the allegation of the complainant, the complainant’s allegation stands proved against the 1^st opposite party as unchallenged.  Therefore, we find that the above said act of the opposite parties are clear deficiency in service and they are liable to the complainant for the same.  Thus it is clear that the 1^st opposite party’s act the denial of the NOC to the complainant is willful and cannot be justified and it is not only an ordinary deficiency in service but it is a grave deficiency in service.  In the circumstances, we find that this complaint is allowable against 1^st opposite party.  We find any deficiency in service against 2^nd opposite party.

                   10.  In the result, this complaint is allowed thereby the 1^st opposite party is directed to issue NOC in respect of the loan transaction of the complainant and to return the unused cheques of the complainant bearing No. 852662 to 852666 ( 5 in numbers) drawn at the SBI Elamannoor Branch.  The 1^st opposite party is also directed to pay compensation to the tune of                    Rs. 7500/- (Rupees Seven Thousand Five Hundred only) to the complainant and also pay Rs. 2500/- (Rupees Two Thousand Five Hundred only) towards the cost of the proceedings within 20 days from the date of receipt of a copy of this order failing which the complainant is allowed to realize the whole amount order herein above with 10% interest from today till the realization of the whole amount from the 1^st opposite party and from his assets.

                   11.  In the event of non-compliance of the orders for issuing the NOC by the 1^st opposite party, complainant is allowed to approached the concerned transport authority with this order for cancelling the hire purchase endorsement from the registration certificate and in that event, the concerned authority can treat this order as the NOC for cancelling the hire purchase endorsement from the RC Book of the complainant’s vehicle No.26E-2696.    

Declared in the Open Forum on this the 24^th day of May, 2019.                                                                                                                    

                                                                                                  (Sd/-)                                                                                                         

                                                                                            Sheela Jacob,

                                                                                           (President I/C)

 Smt. N. Shajitha Beevi      :  (Sd/-) 

Appendix:

Witness examined on the side of the complainant:

PW1 : Abdul Majeed

Exhibits marked on the side of the complainant:

A1 : Legal notice dated: 26/09/2017 issued to the 1^st opposite party.

A2 : postal receipt dated:27/09/2018. 

A3 : AD Card

A4 : Statement of account issued by 1^st opposite party.

Witness examined on the side of the complainant:  Nil.

Exhibits marked on the side of the complainant:  Nil.

                                                                                        (By Order)

          Copy to:- (1)  Abdul Majeed N,

  Kavullathil Thekkethil House, Elamannoor PO,

  Adoor – 691524.

Car Finance, Kottayam, IVth Floor,

Payyil Kohinoor Arcade,

Sankranthi Jn, Kottayam – 686028.

(3) Indus Motors, GMM Building,

Court Road, Near Sreemoolam Market,

Adoor – 691523.

Rep. by its Officer in Charge.

(4) The Stock File.