ADV. RAVI SUSHA, MEMBER. Complaint for directing the opp.party to furnish termination letter cum No. Objection Certificate and other reliefs. The averments in the complaint can be briefly summarized as follows: The complainant has a refinance arrangement with the opp.party under Hypothecation agreement in respect of his vehicle [Mahendra Jeep] bearing Reg.No.KL-2D 9018. The complainant availed an amount of Rs.1,50,000/- from the opp.party. The amount was mutually agreed to be repaid in 36 equal instalments of Rs.4850/- per month beginning from 3.9.01 as per the chart issued by the opp.party The opp.party arranged collection agent to collect the amount either by cash or by cheque from the complainant. The complainant was promptly paying off the dues as and when approached by the collection agent and the entire dues have been cleared by 3.8.04. However a number of occasions the collection agent became irregular and in the result the repayment happened to be delayed. The complainant is not responsible or liable for the said so called delayed payments. In the circumstances there is no willful default on the part of the complainant After clearing the entire dues as a the complainant kept on approaching the opp.party for getting the termination letter cum NOC for renewing the permit since there remain an endorsement in the RC book as regards the Higher Purchase agreement. The opp.party is willfully prolonging to issue termination letter cum NOC for no valid reason and ultimately the permit expired on 24.9.06. The complainant has already paid off Rs.1,74,600/- as per the agreement and hence the opp.party is duty bound to issue termination letter cum No Objection Certificate without any further delay. The said jeep was the only source of income to the complainant and his family Hence the complaint. The opp.party filed a version contending, interalia that the complainant in this case is not a consumer and the dispute which is narrated in the complaint is not a consumer dispute comes under the purview of Consumer Protection Act. On 3.8.2001 complainant has executed a hire purchase agreement with the opp.party in respect of a Mahendra Jeep vehicle bearing Reg.No. KL 02 D/9018. As per the terms of the said hire purchase agreement the total hire amount was fixed at Rs.1,74,600/- payable by the complainant in 36 equal monthly instalments of Rs.4,850/-. The 1st of such instalment commencing from 3.9.01 ending with a 36th instalment on 3.8.04. In the hire purchase agreement it is clearly stated that even if the complainant had not paid the hire instalments on or before the due date he will be liable to pay belated hire charges to the opp.party Even though the complainant has paid the entire hire amount the aforesaid balance amount is still due to the opp.party from the complainant by way of belated hire charges and cheque collection charges The averments in para 1 of the complaint are not fully correct and hence denied. The averments in para 2 of the complaint are not fully correct and hence denied. In para 2 of the complaint that complainant was promptly paying off the dues as and when approached by the collection agent and the entire dues have been cleared on 3.8.04 is absolutely false and hence denied. The averments in para 3 of the complaint are not fully correct and hence denied. Opp.party has already issued NOC for renewing the permit. If the complainant is willing to pay the belated hire charges and the cheque collection charges due to the opp.party they were ready to issue the termination letter. Complainant is a financially sound person and he is purposefully evading to pay the charge legally due to the opp.party. Hence the opp.party prays to dismiss the complaint. Points that would arise for consideration are: 1.Whether there is deficiency in service on the part of the opp.party 2. Reliefs and costs. For the complainant PW.1. is examined. Exts. Is not marked. For the opp.party DW.1 is examined. Ext. D1 is marked. Points: The complainant’s case is that he had availed a Hire Purchase loan from the opp.party for purchasing a jeep and have remitted the entire instalments as per the agreement. But the opp.party refused to issue termination letter and NOC alleging that certain amount in still payable by way of belated payment. Hence filed this complaint for getting relief. Opp.party’s main contentions are that the complainant is not a consumer and as the dispute in the complaint is settlement of amount relating to a hire purchase agreement the Forum has no jurisdiction to entertain this complaint. More over as per the hire purchase agreement there is a condition that if the complainant did not pay the hire installments on or before the due date, he will be liable to pay belated hire charges to the opp.party and also liable to pay the cheque collection charges. According to the opp.party even though the complainant has paid the entire hire amount the complainant has to pay the balance amount by way of belated hire charges and cheque collection charges. Here the point to be decided is that whether the Forum has jurisdiction to entertain this complaint and if so whether there is any deficiency in service on the side of opp.party. There is no dispute that the complainant has executed a hire purchase agreement with the opp.party in respect of a Mahendra Jeep bearing Reg.No.KL-2 D/9018 and also the repayment of instalment was delayed. As far as Hire purchase agreement is concerned the hirer is not a consumer and the financier is not rendering any service to the hirer. Hence this Forum has lno jurisdiction to entertain this complaint. More over as per the hire purchase agreement Ext. D1 the complainant will be liable to pay belated hire charges and also liable to pay cheque collection charges to the opp.party. On considering the entire points we are of the view that this complaint is not maintainable before this Forum. The opp.party is not rendering any service to the complainant. In the result the complaint fails and the same is hereby dismissed. No costs. Dated this the 23RD day of January, 2010. I N D E X List of witnesses for the complainant PW.1. – K.G.Anil Kumar No documents for the complainant List of witnesses for the opp.party DW.1. – V. Unnikrishnan List of documents for the opp.party D1. – Transaction details of Hire Purchase | 
