IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM

            DATED THIS THE 10^TH  DAY OF MAY 2016

Present: -        Smt. G.Vasanthakumari, President

Adv. Ravisusha, Member

Adv.M.Praveen Kumar, Member

         CC.No.69/2016

Anilkumar                                                                 :                       Complainant

13/366, A.J.Nivas

Ezhukone P.O

Kollam

Kottarakkara – 691 505

[By Adv. G.Vijayakumar, Kollam]

V/S

Manager                                                                     :                       Opposite party

Sreeram Transport

Finance company Ltd

Nazeema Complex

Hospital Road

Kollam

ORDER

ADV. RAVISUSHA, MEMBER

            The complainant filed this case for getting an order to close the hypocation of the vehicle by the opposite party and issue NOC to the complainant.

            The complainant alleged that he had taken a hypothecation of Rs.8,08,304/- in relation to vehicle Tipper Lorry No.KL-24D/1305 from the opposite party company. According to the complainant, he closed the hypothecation as full and final but the opposite party did not issue NOC to him. Here the opposite party after receiving the notice from the Forum, did not appear. Hence the opposite party was declared as exparte.

            The complainant filed chief affidavit and one document.  The document is marked as Ext.P1. Ext. P1 is the repayment statement issued by the opposite party for the period from 04/08/2011 to 23/11/2015. Even though there is no document to show that the complainant had closed the hypothecation of the vehicle, the opposite party did not appear and adduced any evidence before the Forum, we are constrained to believe the complainants allegation. Hence the

(2)

non-issuance of NOC to the complainant amounts to deficiency in service and unfair trade practice. So the complainant is entitled to get relief.

            In the result, the complaint is allowed. The opposite party is directed to close the hypothecation of the vehicle Tipper lorry No.KL-24D-1305 and issue NOC to the complainant in relation to the hypocation of the vehicle No.KL-24D/1305 with the opposite party. Opposite party is further directed to give Rs.1000/- as compensation and Rs.1000/- as cost to the proceedings. The order is to be complied with within one month from the date of receipt of this order.

Dated this the 10^th day of May 2016.                                                                                                                                                            

G.VASANTHAKUMARI:Sd/-

ADV.RAVISUSHA: Sd/-

ADV.M.PRAVEENKUMAR: Sd/-

Forwarded/by Order

Senior Superintendent

I N D E X

Ext.P.1:-Copy of repayment statement