By Smt. C.S. Sulekha Beevi, President,<br /> <br /> 1. Briefly stated, the say of the complainant is that first opposite party is the agent of second opposite party who is a financier. Complainant availed finance from second opposite party to purchase a motor bike. The transaction was arranged by first opposite party who carries on business within the district limits of this Forum. At the time of availing loan 18 cheque leaves and original Registration /Certificate of the vehicle was handed over to first opposite party. Even after repayment of entire amount opposite parties have neither issued the hire purchase termination letter nor have they returned the original Registration Certificate of the vehicle. Hence the complaint.<br /> <br /> 2. Opposite parties though served with notice remained absent. They have not filed any version. Both opposite parties were set exparte on 17-4-08.<br /> <br /> 3. Affidavit was filed by complainant. Exts.A1 to A5 marked on behalf of complainant. Ext.A1 is the account statement of the S.B account maintained by complainant in South Malabar Gramin Bank. It shows that opposite parties have been realising the amount of instalments by the post dated cheques handed over to them. According to complainant opposite parties informed him that three cheques were lost from their possession. Complainant requested to issue proper letter stating the loss of cheque leaves. Opposite party issued a letter to complainant on 29-3-07 regarding loss of cheque leaves from their possession. This letter is produced and marked as Ext.A2. Thereafter complainant paid the amount which remained uncollected by opposite party. Opposite party issued receipt for this payment and endorsed upon the receipt that loan is foreclosed. Ext.A3 is this receipt issued to complainant by opposite party for payment of Rs.3,620/-. Complainant alleges that opposite party refused to issue hire purchase termination letter for the reason that complainant has to pay charges for the cheques that were bounced. From the evidence tendered and documents produced we are able to conclude that complainant has repaid all instalments as per the agreement. The act of opposite party claiming illegal amounts and not issuing hire purchase termination letter and not returning the Registration Certificate of the vehicle amounts to deficiency in service. It has come to our notice, in a number of cases that, financiers take custody of the original Registration Certificate of the vehicle without any authority. Even after repayment of entire finance the Registration Certificate of the vehicle is not returned. This practice is blatant exploitation of ignorance and heplessness consumers.<br /> <br /> <br /> 4. In the result, complaint allowed. We order the following:-<br /> (i) Second opposite party is ordered to issue hire purchase termination letter to complainant in respect of his vehicle KL10 V 443 within one month from the date of the order failing which on request made 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 second opposite party in respect of vehicle No.KL10 V 443. <br /> (ii) Second opposite party is ordered to return, the Original Registration Certificate of vehicle No.KL10 V 443 within one month from the date of receipt of copy of this order to the complainant failing which second opposite party shall pay compensation of Rs.5,000/- (Rupees five thousand only) to the complainant. (iii) First opposite party shall pay cost of Rs.1,000/- (Rupees one thousand only) to the complainant.<br /> <br /> Dated this 6th day of June, 2008.<br /> <br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<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 to A5<br /> Ext.A1 : Account statement of S.B.A/c No.2531 maintained by complainant<br /> in South Malabar Gramin Bank.<br /> Ext.A2 : Photo copy of the letter dated, 29-3-07 sent by second opposite <br /> party to complainant.<br /> Ext.A3 : Photo copy of the receipt of Rs.3,620/- dated, 29-3-07 from second<br /> opposite party to complainant.<br /> Ext.A4 : Statement of account as on 30-11-07 received from second opposite<br /> party to complainant.<br /> Ext.A5 : Photo copy of the Registration Certificate in respect of vehicle<br /> No.KL-10 V 443<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Nil<br /> <br /> <br /> <br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER