By Smt. C.S. Sulekha Beevi, President,<br /> <br /> <br /> 1. Complainant is aggrieved that opposite party did not issue hire purchase termination letter even after repayment of entire finance availed from opposite party for his vehicle No.KL10-N-0813.<br /> <br /> 2. Second Opposite party filed version admitting the repayment of instalments. 1st opposite party has merged with 2nd opposite party. It is contended that as per terms of Hire Purchase agreement opposite party has paid insurance amount of Rs.16,527/- on 27-02-2003. Complainant is liable to pay this amount. That there is a balance of Rs.777/- due from the complainant towards the amount paid for insurance. Opposite party is ready to issue hire purchase termination letter on payment of the above amount.<br /> <br /> 3. Evidence consists of affidavits filed by both sides. Exts.A1 and A2 marked on the side of complainant. Exts.B1 and B2 marked on the side of opposite party.<br /> <br /> 4. Opposite party resists the complaint contending that Rs.777/- is due as balance towards the insurance amount paid by opposite party. According to opposite party Rs.16,527/- was paid on 27-02-2003 towards insurance. As per the terms of hire purchase agreement which is Ext.B1 complainant is liable to repay this amount. The equated monthly instalment is Rs.8,300/- per month. On 25-02-2003 complainant paid Rs.1,73,000/- which includes Rs.8,300/- as monthly instalment and Rs.9,000/- towards insurance amount. The next month ie., on 27-03-2003 complainant paid Rs.15,050/- which includes Rs.8,300/- as monthly instalment and Rs.6,750/- towards insurance amount. So the total amount paid by complainant towards insurance premium is Rs.15,750/- (Rs.9,000/- + Rs.6,750/-). Opposite party contends that Rs.777/- (Rs.16,527/- + Rs.15,750/-) is the balance due from complainant. Complainant contends that whole amount as per schedule has been repaid. As per Ext.B1 Schedule the last instalment is to be paid on 27-12-2005. Ext.A1 receipts prove that complainant has remitted the instalments without any default. The last instalment was paid on 27-12-2005. When complainant claimed to issue hire purchase termination letter opposite party has admittedly declined. Even after two years of repayment the hire purchase termination letter has not been issued. Opposite party has neither issued any notice of demand claiming this nominal amount nor initiated steps to realise the same. If there is any balance due as long back in 2003 opposite party should have brought it to the notice of the complainant who was thereafter regularly remitting the instalments. Complainant should have been informed at least before acceptance of the last instalment. By receiving the subsequent instalments without issuing any notice for previous balance of Rs.777/-. Opposite party has waived the right to claim this amount. The denial of hire purchase termination letter after acceptance of the last instalment on the ground that Rs.777/- is standing as balance two years prior is unreasonable and unjustifiable. We hold that opposite party is deficient in service.<br /> <br /> 5. In the result, complaint allowed. Second opposite party is ordered to issue hire purchase termination letter to the complainant in respect of vehicle NO.KL10-N 0813 within three weeks from the date of receipt of copy of this order failing which on request by complainant copy of this order will be communicated to the concerned Regional Transport Officer who on receipt of copy of this order shall cancel the endorsement in favour of opposite party in respect of vehicle No.KL-10 N 0813. There is no order as to costs.<br /> <br /> Dated this 18th day of February, 2008.<br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 and A2<br /> Ext.A1 : Original receipts (46 Nos.) received from opposite party<br /> to complainant.<br /> Ext.A2 : Photo copy of the repayment Schedule.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Ext.B1 and B2<br /> Ext.B1 : Carbon copy of the hire purchase agreement dated, 27-02-2002.<br /> Ext.B2 : Insurance Certificate issued from National Insurance Company.<br /> <br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br />