By Smt. Saji Mathew, Member:-

The Complainant had availed a loan of Rs.50,000/- from the Opposite Parties by pledging his vehicle on 17.11.2006. The loan was to be repaid in instalments. But the Opposite Party had not provided any chart or copy of loan agreement to the Complainant but directed the Complainant to pay instalments of Rs.3,200/- every month. The Complainant had already paid 54,000/- towards the loan and is ready to pay the balance amount of loan and interest after the date of expiry of loan agreement. The Complainant made repeated demands to settle the loan by accepting the lawful amount. But the Opposite Parties are demanding huge amount as additional charges. The deficiency in service and unfair trade practice on the side of the Opposite parties caused loss and damage to the Complainant. Hence, the Complainant is praying for an order directing the Opposite Parties to issue account of the loan to the Complainant and to issue loan clearance certificate to the Regional Transport Officer, Wayanad. On failure of the Opposite Parties to issue clearance, there is prayer for directing the Regional Transport Officer to cancel the loan endorsement. The Complainant also prays for a cost and compensation of Rs. 6,500/-

2. The Opposite Parties did not appear or file version. The Opposite Parties were declared exparte. The Complainant filed proof affidavit and documents were marked as Exts.A1 to A3 series on the side of the Complainant.

3. The matter to be decided are as follows:-

1. Whether there is any deficiency in service on the side of the Opposite Party.

2. Whether the Complainant is entitled for any relief.

4. Point No.1:- The Complainant state that he had not been given any chart or copy of agreement. As this statement was not denied by the Opposite Parties it is to be taken as true. As per the complaint the Opposite Parties are refusing to settle the account by demanding huge amount. They have not given any written statement of account to the Complainant not even before the Forum. So there is deficiency in service on the side of the Opposite Parties.

5. Point No.2:- The loan period start from 17.11.2006. If the monthly instalment was of Rs.3,200/- the loan termination date should be after 18 months ie, the 6^th month 2008. But payments are made even on 08.11.2008. So, it is clear that the loan was not repaid even after the loan termination date. Ext.A3 receipt show payment of an amount Rs.46,500/-. So, there is balance of 3,500/-, interest and other charges. The Opposite Parties have not appeared before the Forum to explain their side. It is in the interest of natural justice that the Complainant should be redeemed from the bondage and should not be let at the mercy of highly demanding Opposite Parties. So the Complainant is entitled to get the loan clearance certificate from the Opposite Parties on payment of a reasonable amount by the Complainant.

Hence, the Opposite Parties are directed to issue no objection certificate for cancellation of loan endorsement in the Registration Certificate of the vehicle KL 12 2383 on payment of Rs.5,000/- (Rupees Five thousand only) by the Complainant within 30 days of the receipt of this order. If the Opposite Parties are not issuing the No Objection Certificate within the prescribed time, the Regional Transport Officer Wayanad is directed to cancel the loan endorsement in the R.C of the vehicle No. KL 12 2383 on proper application made by the Complainant with prescribed fees if any, even in the absence of No Objection Certificate from the Opposite Parties. The Opposite Parties are directed to pay Rs.500/- as cost of this case.

Pronounced in open Forum on this the day of 30^th November 2010.

Date of filing: 06.10.2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witnesses for the Complainant:

Nil.

Witnesses for the Opposite Parties:

Nil.

Exhibit for the Complainant:

A1. Copy of Certificate of Registration.

A2. Copy of Goods Carriage Permit dt:19.10.2007.

A3 series (8 numbers) Receipt.

Exhibit for the Opposite Parties:

Nil.