By Smt. Saji Mathew, Member:-

The gist of the complaint is as follows:- By pledging the vehicle No. KL 10D 9601,

the Complainant obtained a loan from the 1^st Opposite Party on 13.2.2004. The loan amount is Rs.1,00,000/- and the loan period is from 13.3.2004 to 13.8.2006. On 13.8.2006, the Complainant contacted the Opposite Party over telephone for closing the loan. But the Opposite party came to his agent's office at Mananthavady only on 16.10.2006 and demanded a further amount of Rs.10,000/-. On mediation between the Complainant and Opposite Party, the Opposite Party agreed for an amount of Rs.48,500/- if paid within 15 days. The Complainant paid Rs.15,000/- on that day itself and paid Rs.33,500/- by D.D on 18.10.2006. No receipt was given to the above payments. The Opposite Party has not given any clearance certificate also. In the absence of clearance certificate, the Complainant could not renew the permit and could not ply the vehicle on road. The Complainant has incurred heavy cost because of the deficiency in service on the part of the Opposite Party. Therefore the Complainant prays for an order directing the 1^st Opposite Party to issue clearance certificate to the Complainant or directing the 3^rd Opposite Party to cancel the loan endorsement in the R.C book of the vehicle. He also prays for a compensation of Rs.1,00,000/- to be ordered against the 1^st Opposite Party.

2. The 1^st Opposite Party was set exparte. The 2^nd Opposite Party was struck off as per order in I.A. No. 161/2010. The 3^rd Opposite Party R.T.O Wayanad filed their version. As per the version, the vehicle KL 10D 9601 was transferred in the name of Sri. Sudheesh, S/o Ramankutty, Puliyamakkal House, Poothadi, Wayanad w.e.f 07.05.2004 with H.P.A With Padmavathi Syndicate, Chennai. As per Sec. 51 (3) of CMV Rules an application for making an entry for termination of the agreement of hire purchase shall be made in form 35 (in duplicate) duly signed by the registered owner and the financier and shall be accompanied by the registered certificate fee. In this case the petitioner has not submitted any application for canceling the hire purchase endorsement and renewal of permit till date.

3. The Complainant filed proof affidavit, Exts. A1 to A5 were marked on the side of the Complainant. One witness was examined on the side of the Complainant as PW2. 1^st Opposite Party was set exparte and 3^rd Opposite Party adduced no evidence.

4. The matters to be considered are:-

1. Whether there is any deficiency in service on the part of the Opposite Parties?

2. Whether the Complainant is entitled for any relief?

5. Point No.1:- As per Ext.A2, the total amount payable by the Complainant to the Opposite Party is Rs.1,55,000/-. Ext.A3 series shows payment of Rs. 1,01,500/-. Ext.A4 and Ext.A5 shows payment of Rs.38,000/-. Thus receipts show payment of a total amount of Rs.1,39,500/-. PW2 was examined to show that an amount of Rs.15,000/- was paid in cash directly to the 1^st Opposite Party. Thus payment of total Rs.1,54,500/- is seen from the evidence. Complainant's case is that the 1^st Opposite Party is not ready to settle the loan even after paying the substantial amount. 1^st Opposite Party has not even given receipt for the payment of Rs.15,000/- and Rs.38,000/-. In that case, it is not at all possible for the Complainant to make further payment or take steps for the settlement of loan. The 1^st Opposite Party has not appeared before the forum and has not filed any statement of account. From this itself, the indifferent attitude of the 1^st Opposite Party towards the complaint is evident. Therefore, point No.1 is found against the 1^st Opposite Party.

6. Point No.2:- It is evident from the documents that an amount of Rs.1,54,500/- is paid by the Complainant towards the loan. As the 1^st Opposite Party has not appeared or shown any possibility for the settlement of the loan it is necessary in the interest of natural justice that the Complainant is to be declared entitled for the relief. Therefore, 1^st Opposite Party is directed to issue No Objection Certificate for the cancellation of the loan endorsement of the vehicle KL 10D 9601 within 30 days of the receipt of this order. In case, 1^st Opposite Party is not issuing the No Objection Certificate within the prescribed period, 3^rd Opposite Party is directed to cancel the loan endorsement in respect of the above mentioned vehicle on application of the Complainant with fees prescribed by law. No order as to cost or compensation.

Pronounced in open Forum on this the day of 9^th June 2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witnesses for the Complainant:

PW1. Satheesh. P. R. Complainant.

PW2. Shaji Agriculture

Witness for the Opposite Parties:

Nil.

Exhibits for the Complainant:

A1. Copy of Certificate of Registration.

A2. Pass Book.

A3 series (9 in numbers) Receipt.

A4. Receipt. dt:24.06.2004.

A5. Receipt. dt:04.12.2004.

Exhibits for the Opposite Parties:

Nil.