By Smt. C. S. Sulekha Beevi, President,

1. It is the case of complainant that he availed a vehicle loan of Rs.30,000/- from first opposite party for purchase of a motor cycle registered as No.KL-10/V-908. The original Registration Certificate of the vehicle was in the custody of first opposite party who assured to return it on closing the loan. That though complainant repaid the entire loan first opposite party has neither issued the hire purchase termination letter nor returned the original Registration Certificate. Hence this complaint.

2. Notice was issued to both opposite parties by registered post. Notice to first opposite party was served. First opposite party was absent and set exparte on 23-01-2010. Second opposite party filed version stating that the vehicle is hypothecated to first opposite party and that no applications with necessary documents have been received so far for cancellation of the finance endorsement.

3. The complainant filed affidavit on 27-03-2010 restating his contentions. Exts.A3 pass book shows that complainant has repaid the entire loan. No contra evidence adduced by opposite parties. Hence the claim of the complainant stands established. Not issuing the hire purchase termination letter and non return of registration certificate even after repayment of loan amounts to deficiency in service. We find first opposite party deficient in service.

4. In the result we allow the complaint and order the following:-

1. First opposite party is ordered to issue the hire purchase termination letter to the complainant in regard to the vehicle KL-10 V 908 within one month from the date of receipt of copy of this order failing which on request by complainant the second opposite party herein shall cancel the finance endorsement standing in favour of first opposite party in the Registration Certificate of the said vehicle.

2. First opposite party shall return the original Registration Certificate of the vehicle to the complainant within one month from the date of receipt of copy of this order failing which first opposite party shall pay compensation of Rs.10,000/- (Rupees Ten thousand only) to the complainant. In case first opposite party does not return the original Registration Certificate to the complainant, the complainant is at liberty to make necessary application with requisite fee for issuance of duplicate Registration Certificate to second opposite party which shall be considered by second opposite party favourably if applied under due provisions of law. No order as to costs.

Dated this 5th day of June, 2010.

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER

APPENDIX

Witness examined on the side of the complainant : Nil

Documents marked on the side of the complainant : Ext.A1 to A3

Ext.A1 : Photo copy of the receipt dated, 31-10-06 for Rs.6,031.00 from opposite party to complainant.

Ext.A2 : Photo copy of the lawyer notice dated, 19-10-2009 by opposite party's counsel to complainant.

Ext.A3 : Photo copy of the pass book from South Malabar Gramin Bank.

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/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER