By. Smt. Beena. M, Member:

The Complaint is filed under section 12 of the Consumer Protection Act, 1986.

2.  The Complainant is the registered owner of the Yamaha Fascino scooter bearing No.KL 73 A 5952.  The Complainant availed a loan of Rs.59,000/- from the 1^st opposite party by executing a hypothecation agreement.  As per the agreement the loan amount was to be repaid in 30 monthly instalments of Rs.2,630/- each within  23.01.2019.  The Complainant repaid the entire loan amount on 07.01.2019.  After remitting the full amount and interest Complainant requested the Opposite Parties to issue NOC of the vehicle to produce before the Regional Transport Authority, but Opposite Parties did not provide the NOC to the Complainant.  The Complainant approached the Opposite Party several times for the NOC, but they refused to give NOC, which shows there is deficiency of service by Opposite Parties.  The Complainant has suffered much loss and difficulties due to the act of the Opposite Parties.  So the Complainant approached this Commission praying for direction upon the Opposite Parties to issue NOC along with compensation of Rs.10,000/- and of Rs.5,000/- towards legal expenses.

3.  Notices were served to the Opposite parties.  They did not appear either in person or through their counsel even after accepting the notice from this Commission.  Hence Opposite Parties are set ex-parte on 03.01.2022.

4.  The Complainant filed proof affidavit along with 3 documents which were marked as Ext.A1, A2 series and A3 and she examined as PW1.

5.  The Commission raised the following points for consideration.

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

                 Opposite Parties?.

            2.  Whether the complainant is entitled to get compensation and

                 what order as to cost?

6.  Point No.1 & 2:-  It is the case of the Complainant that she had availed a loan amount of Rs.59,000/- from Opposite Party No.1 and paid entire loan amount to the Opposite Party No.1 and there was no dues from the Complainant to the Opposite Parties, but the Opposite Parties refused to issue NOC to the Complainant.  To support the said contentions the Complainant produced Ext.A1 to A3 documents.  Ext.A1 is the Copy of RC of the vehicle.  Ext.A2 series are the payment receipts and Ext.A3 is the Account Statement.  On perusal it is possible to understand the genuineness of the complaint of the Complainant.  That apart Opposite Party No.1 and Opposite Party No.2 failed to contest the case of the Complainant.  The averments of the Complainant are neither denied nor disputed by the Opposite Parties.  The case of the Complainant is unchallenged.  So we are of the view that the Complainant paid all instalments towards the loan for the vehicle in question to the Opposite Party No.1 and Opposite Party No.2 failed to issue NOC to the Complainant which amounts to deficiency in service. We hold that the Complainant is entitled to the relief sought for by her.  Both points are answered accordingly in favour of the complainant and against the Opposite Parties.

In the result, the complaint is partly allowed.

(1).  The Opposite Parties are directed to issue NOC to the Complainant in respect of the vehicle Yamaha fascino scooter bearing No. KL 73 A 5952 within 30 days of receipt of this Order.

(2).  The Opposite Parties are directed to pay Rs.8,000/- (Rupees Eight Thousand Only) as compensation for deficiency in service jointly and severally to the Complainant within one month from the date of this Order.

(3).  The Opposite Parties are also directed to pay Rs.4,000/- (Rupees Four Thousand Only) towards costs to the Complainant within 30 days from the date of this Order, failing which the same shall be then payable with interest at the rate of 6% per annum till its final payment.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Commission on this the 5^th day of March 2022.

Date of Filing: 03.01.2020.

                                     PRESIDENT :Sd/-

MEMBER       :Sd/-

MEMBER       :Sd/-

APPENDIX.

Witness for the complainant:-

PW1.              Mintu Mamman.                                                    Housewife.

Witness for the Opposite Parties:-

                        Nil.

Exhibits for the Complainant:-

A1.                 Copy of Registration Certificate.

A2(a).                        Repayment Temporary Receipt.                        Dt:07.01.2019.

A2(b).                        Repayment Temporary Receipt.                        Dt:08.12.2018

A2(c).             Repayment Temporary Receipt.                        Dt:08.11.2018.

A2(d).                        Repayment Temporary Receipt.                        Dt:08.09.2018.

A2(e).                        Repayment Temporary Receipt.                        Dt:06.07.2018

A2(f).             Repayment Temporary Receipt.                        Dt:07.04.2018

A2(g).                        Repayment Temporary Receipt.                       

A2(h).                        Repayment Temporary Receipt.                        Dt:27.03.2018.

A2(i).              Repayment Temporary Receipt.                        Dt:08.12.2017.

A2(j).             Repayment Temporary Receipt.                        Dt:14.11.2017.

A2(k).                        Repayment Temporary Receipt.                        Dt:07.11.2017.

A2(l).              Repayment Temporary Receipt.                        Dt:08.09.2017.

A2(m).           Repayment Temporary Receipt.                        Dt:05.08.2017.

A3.                  Statement of Account.

Exhibits for the Opposite Parties:-

                        Nil.     

PRESIDENT   :Sd/-

MEMBER       :Sd/-

MEMBER       :Sd/-

/True Copy/

                                                                                                        Sd/-

                                                                                        SENIOR SUPERINTENDENT,

                                                                                                 CDRC, WAYANAD.