By Smt. E. Ayishakutty, Member<br /> <br /> <br /> 1. Complainant availed a loan of Rs.1,30,000/- from opposite party for purchase of a Jeep bearing registration No.KL-11 J 1300. The loan was arranged by G.K. Auto, Areacode who is the agent of opposite party. Opposite party entered an agreement between the complainant on the same day at Areacode. The terms of the agreement was that the loan amount with interest is to be paid by the complainant in 30 monthly instalments. Out of which 20 instalments are of 6,500/- (Rupees six thousand five hundred only) and ten instalments are of Rs.5,200/- (Rupees five thousand two hundred only). Interest was calculated as flat rate and added to the principle amount and made the total amount as 30 monthly instalments. The amount can be paid within the period of 30 months from the date of agreement. Opposite party collected two blank signed cheque leaf, two blank signed stamp paper for Rs.50/- and the original R.C. Book.<br /> <br /> 2. Complainant repaid entire amount within the time except Rs.11,000/-. The last payment of Rs.11,000/- was paid on 07-7-07. After payment of entire amount complainant requested to return the original R.C. Book, blank cheques, blank signed stamp paper and Hire Purchase Termination Letter. Opposite party demanded a huge amount as additional hire charges to get back the above documents. Hence the complainant filed this petition alleging gross deficiency in the part of opposite party.<br /> <br /> 3. Complainant prays to direct opposite party for return the original R.C. Book of the vehicle bearing RegistrationNo.KL-11 J 1300, two blank cheques and two blank signed stamp paper which are collected at the time of agreement and also issue the Hire Purchase Termination Letter of the vehicle No.KL-11 J 1300.<br /> <br /> 4. Opposite party filed version. He admits the hire purchase transaction between the complainant. He states that complainant had to pay the hire purchase amount in 30 monthly instalments without any default. Complainant has even defaulted to pay the hire dues in time and further defaulted to pay the additional interest for the late payment. So the complainant is liable to pay the interest for late payment at the rate of 36%.<br /> <br /> 5. Opposite party contends that he has not received anything excess from the complainant at the same time he is bound to pay interest on the delayed payment. So complainant is liable to pay an amount of Rs.26,684/- as additional hire charges and other expenses to opposite party.<br /> <br /> 6. Complainant has filed affidavit and documents for evidence. Ext.A1 to a4 marked on the side of complainant. Opposite party filed counter affidavit and documents. Ext.B1 and B2 marked on behalf of him.<br /> <br /> 7. Ext.A1 is the copy of the R.C. Shows that the complainant and opposite party entered an Hire Purchase agreement on 05-7-05. Ext.A2 is the payment receipt shows the date of the last payment is on 07-7-07. Considering this agreement complainant paid the entire loan before the last day of agreement. In the affidavit complainant affirmed that whole amount as per agreement has been paid by him before the stipulated period.<br /> <br /> 8. Opposite party has not a contention that complainant has not paid the loan amount. He demanded Rs.26,684/- as additional interest for late payment. The schedule of repayment shows that opposite party has calculated 116 months delay in repaying the amount. Apparently this is wrong. As per the loan agreement the 1st instalment is dated, 18-11-2004 and last instalment is 18-4-2007. The total period for repayment is less than three years. The repayment calculation in Ext.B1 shows complainant has paid 30 instalments. The first instalment is paid by complainant on 22-11-2004 and last instalment is paid on 11-7-07 ie., definitely the amount is repaid within three years. Therefore the calculation of opposite party that there is a total delay of 116 months and Rs.26,684/- is due towards additional hire charges is incorrect and unacceptable. The complainant has proved that he has paid entire loan amount before the end of agreement period as shown in Ext.A1.<br /> <br /> 9. Therefore we hold that the denial of hire purchase termination letter after the payment of entire loan amount is unjustifiable and it is illegal and so opposite party is deficient in his service.<br /> <br /> 10. In the result complaint allowed. We order opposite party to return the original Registration Certificate of the vehicle bearing Registration No.KL-11 J 1300 to the complainant. We also direct opposite party to issue hire purchase termination letter to the complainant in respect of the vehicle bearing Registration No.KL-11 J 1300 within three weeks from the date of receipt of copy of this order. We further order that opposite party is restrained from using the blank cheque leaves stated in the complaint and blank signed stamp paper against the complainant in any manner. On failure of opposite party to issue the Registration Certificate complainant is free to apply for duplicate Registration Certificate which shall be issued by the concerned Regional Transport Officer. On failure on the part of opposite party to issue hire purchase termination letter the concerned Regional Transport Officer shall cancel the endorsement in favour of opposite party in regard to vehicle No.KL-11 J 1300 on receipt of communication of this order.<br /> <br /> <br /> Dated this 22nd day of October, 2008.<br /> <br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A4<br /> Ext.A1 : Photo copy of the Certificate of Registration in respect of<br /> vehicle No.KL-11 J 1300 <br /> Ext.A2 : Receipt for Rs.11,000/- dated, 7-7-07 from opposite party to<br /> complainant.<br /> Ext.A3 : Carbon copy of the registered lawyer notice dated, 14-8-07<br /> sent by complainant's counsel to opposite party.<br /> Ext.A4 : Postal acknowledgement card from opposite party to complainant.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Ext.B1 and B2<br /> Ext.B1 : Calculation statement regarding the payment.<br /> Ext.B2 : Hire Purchase Agreement between the complainant and opposite party.<br /> <br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER