By Smt. Beena. M, Member:-
This is a complaint filed under Section 12 of Consumer Protection Act 1986.
2. Complainant’s case in brief is as follows:- The complainant was given the entire loan taken from the opposite party for purchase of the Auto rickshaw bearing registration No.KL-12-H-243, on 10-03-2016. At that time the opposite party promised to give the clearance letter within two days. But after two days the complainant approached the opposite party for clearance letter, the opposite party told to the complainant that there is balance amount has to pay i.e. Rs.25,000/-, Rs.20,000, and the opposite party further told that they will issue clearance letter after the payment of the said amount. The complainant several times approached the opposite party for clearance letter and NOC, but the opposite party refused to give the NOC and clearance from 2016 onwards. As per the chart of opposite party there was a delay occurred in instalment, for the delay the opposite party collected interest from the complainant . the complainant several times approached the opposite party for the NOC, but he refused to give NOC so the complainant could not renew the CF and he could not ply the vehicle. On 14-05-2019 the opposite party demanded Rs.10,000/- for NOC through phone. The complainant had been suffering much difficulties due the erroneous acts done by the opposite party and affected his livelihood. Hence the complainant seeking direction to the opposite party to issue NOC and Rs.25,000/- as compensation towards his loss of income due to no use of the vehicle and cost of the proceedings.
3. Notice to the Opposite party was served but not entered appearance and hence the name of opposite party called and declared the opposite party as ex parte.
4. On perusal of complaint and documents the Forum raised the following points for consideration:-
1. Whether any negligence or wrong acts on the part of opposite party?
2. Relief and cost.
5. The Complainant was examined as PW-1 and Exhibits A-1 and A-2 documents were marked on his side. Ext. A1 is RC of the vehicle and A2 is the copy of repayment schedule list. After considering the facts and circumstances of the case and evidence and submission the Forum doth ordered as follows:-
6. Point No. 1 & 2 :- These points are considered together for the sake of brevity and convenience. This is a complaint filed by the complainant, consumer
under section 12 of the Consumer Protection Act, 1986 against the opposite party, financier with the submission that the opposite party had adopted illegal acts. The opposite party herein failed to appear before the Forum and submit his version and not produced any evidence to rebut the contentions. The opposite party is having a legal obligation to appear before the Forum and submit his version and explain the actual things what are happened in this case .Allegations of the complaint has not been challenged by the opposite party. The proof affidavit filed by the complainant and documents produced stand unchallenged. Ext. A1 is the copy of RC book, it can be seen that complainant purchased an Autorickshaw on 10-03-2016. The entire loan was paid off by the complainant as evidenced by Ext.A2. Hence the Forum can come to the conclusion that the complaint is genuine and the complainant has deserved the relief he sought.
In the result, the complaint is partly allowed. The opposite party is directed to issue NOC with respect to the complainant’s vehicle bearing No.KL-12-H-243. The opposite party further directed to pay an amount of Rs.5,000/-(Rupees Five Thousand only) as compensation and Rs. 2,000/-(Rupees Two Thousand only) towards cost of the proceedings to the complainant. The order shall complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 1st day of January 2020.
Date of filing:12.06.2019.
PRESIDENT: Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant.:-
PW1. K.V. Raveendran. Complainant.
Witness for the Opposite Party:-
Nil.
Exhibits for the Complainant:
A1. Copy of Certificate of Registration.
A2. Copy of Repayment Schedule List.
Exhibits for the Opposite Party:-
Nil.
