MANAGER, TATA MOTOR FINANCE V/S E.K KUNHJI MUHAMMED, S/O MAMMUTTY HAJI - Consumer Court Case

Kerala

Malappuram

CC/07/102

E.K KUNHJI MUHAMMED, S/O MAMMUTTY HAJI - Complainant(s)

Versus

MANAGER, TATA MOTOR FINANCE - Opp.Party(s)

P.E RAJAGOPAL

21 May 2008

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MALAPPURAM
consumer case(CC) No. CC/07/102

E.K KUNHJI MUHAMMED, S/O MAMMUTTY HAJI						...........Appellant(s)
Vs.
MANAGER, TATA MOTOR FINANCE K ABDULKALAM AZAD,S/O K ABOOBACKER						...........Respondent(s)

BEFORE:

1. AYISHAKUTTY. E 2. C.S. SULEKHA BEEVI

Complainant(s)/Appellant(s):

OppositeParty/Respondent(s):

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ORDER

By Smt. C.S. Sulekha Beevi, President, 1. Complainant is aggrieved that opposite parties have not issued the hypothecation termination Certificate even after repayment of entire loan. 2. No version on record on the side of first opposite party. Version filed by second opposite party admitting the hypothecation agreement. Evidence consists of affidavit filed by complainant and Exts.A1 and A2 marked. Claim proved. Complaint allowed. 3. We order first opposite party to issue hypothecation termination Certificate to complainant in respect of vehicle No.KL-11/P 3912 within one month from the date of this 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 1st opposite party in respect of vehicle No.KL-11/P 3912. We make no order as to costs. Dated this 21st day of May, 2008. Sd/- C.S. SULEKHA BEEVI, PRESIDENT Sd/- E. AYISHAKUTTY, MEMBER APPENDIX Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Ext.A1 and A2 Ext.A1 : Receipts (27 Nos.) received from 1st opposite party to complainant. Ext.A2 : Photo copy of the lawyer notice dated, 22-10-07 sent by complainant's counsel to first opposite party. Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Nil Sd/- C.S. SULEKHA BEEVI, PRESIDENT Sd/- E. AYISHAKUTTY, MEMBER

By Smt. C.S. Sulekha Beevi, President, 1. Complainant is aggrieved that opposite parties have not issued the hypothecation termination Certificate even after repayment of entire loan. 2. No version on record on the side of first opposite party. Version filed by second opposite party admitting the hypothecation agreement. Evidence consists of affidavit filed by complainant and Exts.A1 and A2 marked. Claim proved. Complaint allowed. 3. We order first opposite party to issue hypothecation termination Certificate to complainant in respect of vehicle No.KL-11/P 3912 within one month from the date of this 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 1st opposite party in respect of vehicle No.KL-11/P 3912. We make no order as to costs. Dated this 21st day of May, 2008. Sd/- C.S. SULEKHA BEEVI, PRESIDENT Sd/- E. AYISHAKUTTY, MEMBER APPENDIX Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Ext.A1 and A2 Ext.A1 : Receipts (27 Nos.) received from 1st opposite party to complainant. Ext.A2 : Photo copy of the lawyer notice dated, 22-10-07 sent by complainant's counsel to first opposite party. Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Nil Sd/- C.S. SULEKHA BEEVI, PRESIDENT Sd/- E. AYISHAKUTTY, MEMBER

......................AYISHAKUTTY. E
......................C.S. SULEKHA BEEVI