By Smt. C.S. Sulekha Beevi, President,
1. Complainant availed a hire purchase loan of Rs.40,000/- from second opposite party which was arranged by first opposite party. The total amount to be repaid in 30 EMI was Rs.72,000/-. Complainant repaid the entire loan. When he requested for hire purchase termination letter opposite party demanded Rs.18,000/- which is illegal. Hence this complaint.
2. First opposite party though entired appearance through counsel did not file any version. Second opposite party filed version admitting the transaction with complainant. It is stated that complainant had executed a hire purchase agreement and undertook to repay Rs.72,000/- in 30 monthly hire instalments. That complainant defaulted to pay the instalments on their exact due dates and therefore he is liable to pay default charges of Rs.13,965/-. This together with compensation charges of Rs.2,520/- and added expenses of Rs.2,500/- the complainant is bound to repay Rs.18,985/- to opposite party. That complainant is not entitled to any reliefs claimed without paying the defaulted charges and additional charges.
3. Supplemental third opposite party was impleaded as per orders in I.A.106/09. Third opposite party filed version stating that the dispute is solely between financier and complainant.
4. Evidence consists of the sworn affidavit of complainant and Exts.A1 to A3 marked for him. Opposite party did not file any counter affidavit. Ext.B1 agreement which was produced along with version marked for 2nd opposite party. Third opposite party has not adduced any evidence.
5. Complainant has reiterated the contentions in the affidavit and stated that he has repaid the entire loan. Ext.A3 series which are the receipts issued by opposite party proves the same. NO evidence is adduced by second opposite party to support the pleadings that complainant is liable to pay default charges. Hence we have no doubt to hold that complainant has repaid the entire loan. The non-issuance of hire purchase termination letter even after repayment of loan amounts to deficiency in service. We find 2nd opposite party deficient in service. Complainant is definitely entitled to receive the hire purchase termination letter. All other reliefs disallowed.
6. In the result we allow the complaint and order that second opposite party shall issue hire purchase termination letter to the complainant in regard to the vehicle KL10/Q 5098 within one month from the date of receipt of copy of this order, failing which on request made by complainant a copy of this order shall be communicated to the third opposite party who is the Joint Regional Transport Officer, Perintalmanna, who on receipt of such copy shall cancel the hire purchase endorsement in the Registration Certificate of the vehicle KL-10 5098. We make no order as to costs.
Dated this 14th day of July, 2009.
Sd/- C.S. SULEKHA BEEVI, PRESIDENT
Sd/- MOHAMMED MUSTAFA KOOTHRADAN, Sd/- MEMBER E. AYISHAKUTTY, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Ext.A1 to A3 Ext.A1 : Photo copy of the Registration Certificate in respect of vehicle No.KL10-Q 5098. Ext.A2 : Instalment chart. Ext.A3series : Receipts (22 Nos.) from opposite party to complainant. Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Ext.B1 Ext.B1 : Photo copy of the hire purchase agreement executed between opposite party and complainant.
Sd/- C.S. SULEKHA BEEVI, PRESIDENT
Sd/- MOHAMMED MUSTAFA KOOTHRADAN, Sd/- MEMBER E. AYISHAKUTTY, MEMBER
......................AYISHAKUTTY. E
......................C.S. SULEKHA BEEVI
......................MOHAMMED MUSTAFA KOOTHRADAN | | 
