By Smt. C.S. Sulekha Beevi, President,<br /> <br /> 1. Complainant's say is that the availed finance of Rs.28,000/- from second opposite party for purchase of a motorbike. Finance was arranged by first opposite party to whom initial payment of Rs.15,000/- was made. At the time of availing the loan, original Registration Certificate of the vehicle and thirty numbers of signed cheque leaves drawn for Rs.1450/- were handed over to first opposite party. Complainant repaid the loan as agreed. He was forced to pay excess amount of Rs.300/- on insistence by second opposite party. Even after repayment of entire loan opposite party has neither issued the hire purchase termination letter nor returned the Registration Certificate of the vehicle. Hence the complaint.<br /> <br /> 2. First opposite party has not filed any version, although he appeared through counsel. Second opposite party was set exparte on 25-03-08.<br /> <br /> 3. Evidence consists of affidavit filed by complainant and Ets.A1 to A3 marked on behalf of complainant. Ext.A1 and A2 proves the case of complainant, that he has repaid the entire loan. On repayment complainant is entitled to receive hire purchase termination letter as well as the documents handed over to opposite parties. First opposite party has acted as an agent of second opposite party in order to inveigle complainant to enter into the financial transaction with second opposite party. First opposite party has no authority to take custody of any documents from complainant. We therefore find opposite parties deficient in service. It has come to our notice in a number of cases that financiers are not returning the original Registration Certificate to the owners even after repayment of loan. This act of financiers is bare exploitation of the ignorance and helplessness of consumers.<br /> <br /> 4. In the result, we allow the complaint and order the following:-<br /> <br /> (i) Second opposite party is ordered to issue hire purchase termination letter <br /> to the complainant in respect of vehicle No.KL-10 T 5856 within one month <br /> from the date of this order, failing which on request made by complainant, <br /> 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 <br /> favour of second opposite party in respect of vehicle No.KL-10 T 5856.<br /> <br /> (ii) Second opposite party is also ordered to return the original Registration Certificate of the vehicle KL-10 T 5856 to the complainant within one month from the date of receipt of this order failing which second opposite party shall pay compensation of Rs.5,000/- (Rupees five thousand only) to the complainant.<br /> (iii) First opposite party is ordered to pay costs of Rs.1000/- (Rupees one thousand only) to the complainant.<br /> <br /> Dated this 20th day of May, 2008.<br /> <br /> <br /> Sd/- C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <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 to A3<br /> Ext.A1 : Photo copy of the Pass Book of Account No.2998<br /> in the name of complainant.<br /> Ext.A2 : Photo copy of the Payment receipt for Rs.1,750/- dated, 17-3-06<br /> from second opposite party to complainant.<br /> Ext.A3 : Photo copy of the Certificate of Registration in respect of vehicle<br /> No.KL10 T 5856 issued to complainant.<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 /> <br /> Sd/- C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<br />