By Sri. K. Gheevarghese, President:

The Complainant filed against the Opposite Party for the issuance of the clearance certificate of vehicle No.KL 12B 6467 for the purpose of cancelling the hire purchase endorsement.

2. Complaint in brief is as follows:- The Complainant hired the vehicle No.KL 12/B 6467 for which loan amount of Rs.1,50,000/- was taken from the 1^st Opposite Party. The Complainant remitted the entire instalments in monthly wise and in total as avered in the chart. The remittance was Rs.2,06,000/- and liability is closed by the Complainant. The 1^st Opposite Party was requested to issue the No Objection Certificate for the cancellation of hire purchase endorsement from the Registration Certificate. The 1^st Opposite Party demanded exorbitant sum it is not reasonable and further unjust on the side of the 1^st Opposite Party not delivering the documents to the Complainant. In the event of the failure on the side of the 1^st Opposite Party the 2^nd Opposite Party may be given a direction to cancel the hire purchase endorsement.

3. The 1^st Opposite Party filed version. The prime contention of the 1^st Opposite Party is that the Consumer Forum is not having any jurisdiction to try this case. The Complainant and 1^st Opposite Party entered in to an agreement as per the clauses of it if any dispute or differences arises between the Complainant and Opposite Party the jurisdiction confined is to be in Chennai. There is no deficiency in service on the part of the 1^st Opposite Party and the transaction of loan amount and its repayment does not come within the ambit of Consumer Protection Act. The Complainant has to clause the liability of the loan amount in equated monthly instalments. The liability of the hired is well agreed and the agreement is executed admitting the condition. The repayment of the loan amount starts from 30.11.2008 and to be paid on 30^th of every subsequent months. The Complainant has to remit the amount as per the chart. If any failure in the prompt remittance of the instalments it is agreed by the complainant that the financier is entitled for additional interest at the rate of 36% for delayed payments. There is no attempt from the side of the Opposite party to reposses or retake the vehicle at any time. The Complainants attempt is only to evade from the additional liability. The statement account furnished by the Complainant also shows that Rs.29,900/- is still due from the Complainant he has under taken the repayment of it before 30.11.2010. The Complainant is to be ordered to pay the due amount for the purpose of clearance certificate to cancel the hire purchase endorsement.

4. The 2^nd Opposite Party also filed version in brief it is as follows:- The vehicle No.KL 12B 6467 is registered in the name Sri. Biju, S/o. Madhavan, Peppathiyil house, Valavayal, Munnanakuzhy, with effect on 24.011.2009 and the vehicle is having hire purchase agreement Nirmalakawar Nahar, 104, Ramalakhan Champers, Chennai with effect from 24.11.2009 for the cancellation of hire purchase endorsement application in form 35 signed by the registered owner and financier and also if of Rs.175/- to be remitted. In this particular case no application is received for the cancellation of hire purchase endorsement.

5. Points in consideration are:-

1. Is there any deficiency in service on the part of the Opposite Party in the loan transaction to the Complainant?

2. Relief and cost.

6. Points No.1 and 2:- The evidence in this case consists of the proof affidavit of the Complainant, Exts.A1 to A3 and B1. The oral testimony of the Complainant and the 1^st Opposite Party are also taken in to consideration.

7. The complainant's case is that the liability on his side for the closing of the loan was effected before the cut of date that was on 30.02.2010 on payment of Rs.2,06,000/-. The Opposite Party is not ready to close the liability of the Complainant and the request of the Complainant to issue the no objection certificate for cancellation of the hire purchase endorsement in the R.C is not given. Ext.A1 series are the receipts 13 in numbers issued by the 1^st Opposite Party it is pertinent to note that Rs.2,06,000/- was remitted by the Complainant. The entire amount that is Rs.2,06,000/- was also remitted before the last date of repayment. In the remittance of equated monthly instalments there were specification in the terms that the payment starts from 30.11.2010 on monthly wise. It is admitted by the Complainant that the repayment was to be in instalments as termed in the hire purchase agreement. On perusal of the document it is seen that the monthly instalments were not on the particular dates as admitted by the complainant. The last instalment of the repayment was on 30.10.2010 and the amount is Rs.51,200/- any how it does not show that the last instalment payment was not full and final payment as settlement. On perusal of the document it is also seen that the Complainant is a defaulter in monthly instalments. Additional charges including interest is admittedly to be paid by the Complainant. Ext.B1 document is an unchallenged one it also substantiated the contention of the Opposite Party that the liability of the Complainant is not cleared. From the above inference it is to be considered that for the issuance of the no objection certificate liability of the Complainant is not cleared. We cannot find any deficit in service on the part of the Opposite Party in the loan transaction.

In the result, the complaint is dismissed, no order as to cost.

Pronounced in open Forum on this the day of 28^th July 2011.

Date of filing:04.03.2011.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

A P P E N D I X

Witness for the Complainant:

PW1. Biju. Complainant.

Witness for the Opposite Parties:

OPW1. G. Somchand Nahar. Business.

Exhibits for the Complainant:

A1 series. Receipt.

A2. Copy of Certificate of Registration.

A3. Copy of B. Schedule.

Exhibit for the Opposite Parties:

B1. Letter. dt:30.10.2010