Kerala

Malappuram

CC/08/24

SAIDALAVI P.T, S/O. MUHAMMED - Complainant(s)

Versus

PROP. MOHIT FINANCE - Opp.Party(s)

01 Nov 2008

ORDER


DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MALAPPURAM
consumer case(CC) No. CC/08/24

SAIDALAVI P.T, S/O. MUHAMMED
...........Appellant(s)

Vs.

PROP. MOHIT FINANCE
REGIONAL TRANSPORT OFFICER
...........Respondent(s)


BEFORE:
1. AYISHAKUTTY. E 2. C.S. SULEKHA BEEVI

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By Smt. C.S. Sulekha Beevi, President, 1. Complainant availed a loan of Rs.1,00,000/- for purchase of an autorickshaw for earning his livelihood by self employment. The finance was arranged by agent of opposite party stationed at Malappuram. Complainant repaid entire loan amount. Opposite party did not issue proper receipts. After payment of entire amount complainant requested to issue hire purchase termination letter. Opposite party demanded illegal interest and refused to issue the hire purchase termination letter. Hence this complaint. 2. Repeated notices were issued to first opposite party. The acknowledgement cards were not returned. Hence presumed to be served. First opposite party set exparte on 26-7-2008. Second opposite party impleaded as per orders in I.A.353/08. Second opposite party has filed version stating that the vehicle KL-10/S 2831 is registered in the name of complainant and that first opposite party is the financier as per the endorsement in the Registration Certificate. 3. Complainant has filed affidavit by way of evidence. Exts.A1 to A4 marked. A4 series are the receipts evidencing the payment of instalments. No contra evidence adduced on the side of opposite parties. Complainant has established and proved a case in his favour. The act of first opposite party in not issuing the hire purchase termination letter even after payment of instalments amounts to deficiency in service. 4. In the result we allow the complaint and order first opposite party to issue the hire purchase termination letter to the complainant regarding vehicle No.KL-10/S 2831 within three weeks of receipt of copy of this order failing which second opposite party, who is Regional Transport Officer, Malappuram shall on receipt of copy of this order and on communication that first opposite party has failed to comply with this order forthwith cancel the endorsement in favour of first opposite party in Registration Certificate of vehicle KL-10/S 2831. We make no order as to costs. Dated this 1st day of November, 2008. Sd/- C.S. SULEKHA BEEVI, PRESIDENT Sd/- E. AYISHAKUTTY, MEMBER APPENDIX Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Ext.A1 to A4 Ext.A1 : Payment chart given by opposite party to complainant. Ext.A2(series) : Receipts (19 Nos.) received from opposite party to complainant. Ext.A3 : DD/BC Requisition dated, 17-8-06 from opposite party to complainant. Ext.A4 : Statement of payment details from complainant to opposite party. Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Nil Sd/- C.S. SULEKHA BEEVI, PRESIDENT Sd/- E. AYISHAKUTTY, MEMBER




......................AYISHAKUTTY. E
......................C.S. SULEKHA BEEVI