By Smt. Saji Mathew, Member<br /> <br /> Complaint filed u/s 12 of the Consumer Protection Act.<br /> The complaint in brief is as given below: <br /> <br /> The complainant availed a loan for a Hero Honda passion Motor Cycle bearing <br /> No. KL 12 B-2339, upon the terms of the agreement dated,15.09.06 from the opposite parties. The <br /> Contd......2)<br /> 2<br /> first opposite party was introduced to the complainant by the second opposite party. As per the terms of the loan, remittance of the entire loan amount is to be completed in 18 installments. The payment scheduled for the first 10 months is Rs.1750/- per each payment. For the remaining 8 payments Rs.1400/- is the installment amount. The payment was to be started from 15.10.04. The entire loan amount was cleared in full satisfaction of the opposite parties. Where as the opposite parties are not ready to deliver the complainants registration certificate of the Motor Cycle and NOC. It is an absolute negligence on the part of the opposite party thereby deficiency in service is committed by them. As a security towards the purchase of the Motor Cycle the opposite parties collected from the complainant signed blank cheques and blank stamp papers.<br /> <br /> 2. The opposite parties were sent lawyer notice to redress the grievances of the complainant. Though the notices were accepted by the opposite party there were no response to the notice. There may be an order directing the opposite party to return the documents of Motor Cycle No. KL 12 B-2339, RC of the vehicle, NOC, signed blank cheque, signed blank stamp papers and any other documents related to the Motor Cycle. In case on the failure on the part of the opposite party, the RTO Wayanad, may be directed to cancel the HP endorsement of the No. KL 12 B-2339, Motore Cycle and issue a duplicate RC to the complainant and also to pay an amount of Rs.10,000/-as compensation along with cost, Rs.10,000/- towards the loss and mental agony caused to the complainant.<br /> <br /> 3. The first opposite party returned the notice un-claimed. The second opposite party was served notice. But was not represented or present in person. Subsequently the opposite parties were declared exparte. The complainant filed the affidavit, Ext. A1 to A4 marked. Ext. A4 is the installment chart dated, 15.9.04 the amount recorded in the chart till 27.3.06 shows that the<br /> Contd...3)<br /> 3.<br /> liability on the part of the complainant towards hired sum is cleared, moreover the opposite party has not appeared or disputed the contention raised by the complainant. It is found that the non issuance of certificate of Registration and NOC even after the payment of entire amount is deficiency of service.<br /> <br /> 4. In the result, the opposite parties are directed to return the complainants RC of the Motor cycle bearing No. KL 12 B-2339, NOC and other relevant documents with respect to the vehicle. In case of any failure on the part of the opposite parties to issue RC Book to the complainant, cancelling the HP endorsement, at the instance of the opposite party, the RTO Wayanad can cancel the HP endorsement of Motor Cycle, and give duplicate of the RC of the Motor Cycle. The complainant is also entitled for Rs.5,000/- (Rupees Five thousand only) toward cost and compensation.<br /> <br /> Pronounced in open Forum on this the day of 21st April 2008.