ORDER
By Smt. C. S. Sulekha Beevi, President,
1. Complainant had availed a vehicle finance from third opposite party on 14-2-2005 for an amount of Rs.1,75,000/-. He is aggrieved that though he repaid the instalments without committing any default opposite parties failed to issue the hire purchase termination letter. Hence this complaint alleging deficiency in service and praying for a direction against opposite parties to issue the hire purchase termination letter and for compensation of Rs.1,50,000/- towards financial loss and Rs.25,000/- towards mental agony along with costs. 2. All the three opposite parties filed a combined version. The sanction of loan to the complainant is admitted. Opposite parties submit that complainant did not repay the instalments as per the stipulated time shown in the payment chart. On 13-11-2008 opposite party had issued a letter to the complainant to clear the dues and to accept the Non Objection Certificate. But the complainant did not approach. On 25-11-2008 the complainant cleared the dues. The Non Objection Certificate was ready on that day itself. Opposite parties are ready to hand over the Non Objection certificate and also the cheques handed over a security. But the complainant did not come to collect them that there is no deficiency in service. 3. Evidence consists of the affidavit filed by complainant and Exts.A1 to A7 marked for complainant. After the case was posted for orders, a petition I.A.94/10 was filed by opposite party to reopen the case and receive the counter affidavit. This petition was allowed on condition of payment of cost of Rs.1,500/-. Cost was paid on 23-3-2010 and the counter affidavit was received. 4. On the first hearing date of the case the counsel for opposite parties had submitted that the Non Objection Certificate is ready and that opposite parties are ready to hand it over to the complainant. The complainant was not ready to accept the No Objection Certificate and submitted that compensation has to be allowed for the delay in issuing the Non Objection Certificate. Ext.A2 is the repayment chart which shows that complainant has to pay instalment @ of Rs.7,800/- from 14-2-2005 onwards. The last and 24th instalment has to be paid on 14-01-2007. Ext.A6 is the account statement showing the details of remittances made by complainant. It is true that complainant has repaid all the instalments. But it is seen that the last instalment is paid on 20-01-2007 and not on 14-01-2007. So there is a delay of 6 days. Further after the payment of instalment on 13-10-2005 the next instalment has to be paid on 14-11-2005. But the next instalment is seen paid on 19-12-2005 only. A delay of 29 days is noted in Ext.A6 account statement. Thereafter though complainant has repaid the instalments as he had not cleared the additional finance charges for the delay of 29 days, the amount remitted was first apportioned to the interest and the balance to the principal. The creditor has a legal right to do such apportionment. The delay therefore has continued in further remittances also which the complainant might have ignored. Opposite party was always ready to furnish the No Objection Certificate. The No Objection certificate was produced before the Forum on 11-11-2010. But the complainant did not accept it. From the calculations we cannot accept the contention of complainant that he remitted all the instalment without any delay at all. Hence we do not find any deficiency on the part of opposite parties. But complainant is entitled to receive the No Objection certificate. All other reliefs are disallowed. 7. In the result we partly allow the complaint and direct that the No Objection Certificate furnished before the Forum shall be handed over to the complainant on his making an application for the same. Opposite parties are restrained from using in any manner whatsoever, the cheques, which were taken as security from the complainant. There is no order as to costs. Dated this 12th day of April, 2010.
C.S. SULEKHA BEEVI, PRESIDENT MOHAMMED MUSTAFA KOOTHRADAN, 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 A7 Ext.A1 : Photo copy of the registration certificate in regard to vehicle No.KL10 V 1613 Ext.A2 : Payment chart given by opposite party to complainant. Ext.A3 : Photo copy of the letter dated, 04-4-2007 from complainant to opposite party. Ext.A4 : Photo copy of the letter from first opposite party to complainant. Ext.A5 : Cash receipt dated, 25-4-2008 for Rs.600/- from first opposite party to complainant. Ext.A6 : Computer print of statement of account from first opposite party to complainant. Ext.A7 : Photo copy of the agreement dated, 02-4-2007 between complainant and Ibrahim Kunhu. Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Nil
C.S. SULEKHA BEEVI, PRESIDENT MOHAMMED MUSTAFA KOOTHRADAN, MEMBER E. AYISHAKUTTY, MEMBER
| | HONABLE MR. MOHAMMED MUSTAFA KOOTHRADAN, Member | HONABLE MRS. C.S. SULEKHA BEEVI, PRESIDENT | HONABLE MS. E. AYISHAKUTTY, Member | | 
