D.o.F:30/3/2011

D.o.O:31/5/2011

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                      CC.NO. 79/11

                   Dated this, the 31st   day of May 2011

PRESENT:

SRI.K.T.SIDHIQ                     : PRESIDENT

SMT.P.RAMADEVI                          : MEMBER

SMT. BEENA.K.G                     : MEMBER

V.A.Mohammedkunhi,

S/o Abdulrahiman, Valappil House,                                         : Complainant

Alampady PO,Kasaragod.

(Adv.A.Balakrishnan Nair,Kasaragod)

1 The Manager,

Magma Shrachi Finco- Ltd, 3^rd floor,

Sri Ganesh Arched, 3/189, West Nadakavu,

Kannur Road,Calicut-673001.

2. The Manager, Magma Leasing Ltd, 2^nd floor,                        : Opposite parties

Meppalil Building, Opp. Cochin TVS,

Janatha Junction, Vyttila, Cochin-682019.

3. India Tech Ltd, Govt. ITI Road, NH-17,

Vidyanagar, Kasaragod.

 (Exparte)         

                                                                                       ORDER

SRI.K.T.SIDHIQ : PRESIDENT

        Shorn of unncessaries the case of complainant is that the opposite parties failed to issue HP Termination letter and No Objection Certificate in Form No.35 in respect of excavator bearing Reg KL 14/G 5177 even after repaying the entire loan amount with interest within the stipulated time mentioned in the repayment chart .  Due to the non issuance of HP Termination letter he could not sell his vehicle which had an intending buyer at that time and as a result he sustained huge loss.  It is the further case of complainant that his repeated approaches and a demand through a lawyer notice for the HP termination letter also went futile.  He also praying for an order directing the opposite parties to return all the documents i.e. 6 blank cheques leaves with numbers 072901 to 072906 drawn on Canara Bank Kasaragod and a signed blank stamp paper with copies of the property deed.

2.   Notice to opposite parties issued by   registered post with acknowledgment due.  In the address furnished by the complainant in which  the duly served lawyer notices he caused earlier. Though acknowledgment of receipt of notice by 3^rd opposite party is received back ,acknowledgment for the  receipt of notices to the opposite parties 1&2   not returned back.  The registered postal article is also not received back.  Hence notice to opposite parties 1&2 deemed to have served in view of Sec.28 (3) of the Consumer Protection Act.  But none of the opposite parties cared to appear before the Forum to defend the case.  Hence all opposite parties had to be set exparte.

3.  Complainant examined as PW1 and Exts A1 to A6 marked.  Counsel for complainant heard.  Documents perused.

4.   Ext.A1 is the copy of the repayment chart issued from the office of 2^nd opposite party.  Ext.A2 series (36 No’s) are the receipts issued by opposite parties evidencing the acceptance of 36 monthly installments.  Ext. A3 is the office copy of the lawyer notice issued by Sri.A.Balakrishnan Nair Advocate to opposite parties 1&2 demanding the loan clearance certificate and the documents entrusted by the complainant at the time of availing the loan.  Exts.A4&A5 are the acknowledgment cards evidencing the receipt of notices by opposite parties 2&3.  Ext.A6 is the copy of the RC of the Excavator bearing reg No.KL-14/G 5177.

  5. The above documents produced  prove that the complainant has repaid the entire amount due to opposite parties as shown in the repayment chart and no amount is due from him to opposite parties.  There is absolutely no explanation forthcoming from the opposite parties for not issuing the HP termination letter and No objection certificate and not returning documents deposited by the complainant as security.  This is nothing but deficiency in service on the part of opposite parties.

6.    Complainant as PW1 during evidence has deposed that he has approached the opposite parties many  a times demanding the loan clearance certificate and the documents deposited  but  they failed to issue the certificate and return the documents hence he could not sell his vehicle to one of its intending purchase for want of From 35 and No objection certificate hence he suffered a monetary loss of `1, 00,000/-.  We are of the opinion that complainant is entitled  only for a reasonable compensation  but  the compensation claimed by the complainant  is a little exorbitant.

   The complaint is therefore allowed and opposite parties 1 to 3 are jointly and severally directed to issue HP Termination letter and No objection Certificate to the complainant in respect of his vehicle Excavator bearing reg. No.KL-14/G 5177.  Opposite parties are further directed to return all the documents including the 6 blank cheque leaves drawn  on Canara Bank Kasaragod branch and other documents deposited by him at the time of availing the loan.  Opposite parties 1 to 3 are also directed to pay a compensation of  ` 25,000/-(Rupees Twenty Five Thousand only) for the loss suffered by him with a cost of ` 3000/-(Rupees three thousand only).  Time for compliance is limited to 30 days from the date of receipt of copy of the order.  Further on application by the complainant necessary direction will be given to the concerned RTA to cancel the HP endorsement favoring  to the opposite party NO.2 from the RC of vehicle (Excavator) bearing Reg.No.KL-14/G5177.

Exts:

A1-copy of repayment chart

A2 series – monthly instalment receipts issued by Ops

A3- copy of lawyer notice

A4&A5- acknowledgment cards

PW1-V.A.Mohammedkunhi- complainant

 MEMBER                                                           MEMBER                        PRESIDENT

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