Dated this the 17th day of January 2008.<br /> <br /> PRESENT: Sri.K. Gheevarghese, M.A, LL.B - President<br /> Smt. Saji Mathew, B.A, L.L.B - Member<br /> <br /> <br /> A.C. Rafeek, aged 25 years, :<br /> S/o. Ammed, Chulliyil House, : Complainant<br /> Pannichal, Elumannam P.O, :<br /> Edvaka Village, Mananathavady. :<br /> <br /> <br /> 1. Proprietor, Madan Finance Corporation, : <br /> No. 102 ( New No. 42) :<br /> Gaudiya Hutt Road, Royapettah, :<br /> Chennai - 600 014. :<br /> :<br /> 2. Sunil, :<br /> Jeevan Auto Finance, : Opposite parties<br /> Erumatheruvu Road, :<br /> Mananthavady, Wayanad District. :<br /> :<br /> 3. Regional Transport Officer, :<br /> Civil Station, Wayanad. :<br /> <br /> <br /> Complainant by : Sri. P.B. Vinod Kumar, Advocate S.Bathery<br /> <br /> <br /> ORDER<br /> <br /> <br /> By Sri.K. Gheevarghese, President:<br /> <br /> The complaint filed under section 12 of the Consumer Protection Act.<br /> <br /> The Complainant is the purchaser of the Mahindra Jeep model 1996 bearing No. KL 10 D 7985. The Opposite Party No.2 is the agent working for the Opposite Party No.1 canvasing the parties to avail vehicle finance. On 22.03.2004 the Complainant entered in to an agreement for the finance of the vehicle by the Opposite Party No.1. The terms and conditions of the agreements<br /> (Contd.......2)<br /> -2-<br /> are that the loan amount repayable in 24 installments payable in monthly basis starting from 22.04.2004 and ending on 23.02.2006. Among the total installments, 20 installments consist of Rs. 3,100/- per month and the total amount which is to be paid is Rs.67,000/-. The Opposite Party No.1 had also given a chart showing the mode of payments. The complainant paid the entire amount as per the chart terms and conditions of the agreement within 30.01.2006. The Complainant had paid Rs.3,100/- in excess than the actual amount liable to be paid, On completion of the installments which were to be paid by the Complainant. The Opposite Parties No.1 and 2 were approached to get the clearance certificate. The Complainant desired to be the absolute owner of the vehicle and to cancel the Opposite Parties endorsement in the registration certificate and the same request for the cancellation of H.P endorsement was also made before the Opposite Party No.3. The Opposite Party were not ready to cancel the H.P endorsement and to issue the clearance certificate. The Complainant depend mainly of this vehicle to eke out is daily life. The Complainant prayed for direction to the Opposite Parties to cancel the H.P endorsement in R.C. In case of any failure on the part of the Opposite Parties No.1 and 2 to get the clearance certificate. The Opposite Party No.3 were not ready to cancel the H.P endorsement on the vehicle. The Opposite Parties No.1 and 2 are declared exparte. The Opposite Party No.3 filed statement. It is averred in the statement of the Opposite Party No.3 that from the verification of the records the vehicle KL 10 D 7981 is a motor cab registered on 31.5.1996 at Regional Transport Officer, Malappuram and included in the 3rd Opposite Party's Office. The vehicle has a hypothecation with Mathan Finance Corporation No.102 Gaudiyamult road, Royapetta, Chennai. For the cancellation of H.P endorsement in the registration certificate application in form 35 (duplicate) duly signed by agreement parties are required. No application from the concerned parties were received for the cancellation of hypothecation so far. <br /> (Contd......3) <br /> -3-<br /> The points which are to be considered:<br /> 1.Whether the Opposite Parties No.1 and 2 acts involves the deficiency in service?.<br /> 2.Relief and costs.<br /> <br /> Point No.1:<br /> The Opposite Parties No. 1 and 2 are declared exparte. The statement is filed only by the Opposite Party No.3 Regional Transport Officer, Wayanad. The installment chart issued to the Complainant is the Ext.A1. The total amount which is to be paid to the Opposite Party No.1 in 24 installments is Rs.67,000/- as per the specification of Ext.A1. The remittance date for the 24 installments ends on 23.2.2006. The other installments are to be cleared before that date. Ext.A2 series consists of 11 receipts received by the Complainant from the Opposite Party No.1. Ext.A2 series shows that the Complainant paid Rs.67,000/- in total before the stipulated date. Among the 11 sheets of the Ext.A2 series the receipt date 14.12.2005 is the copy in duplicate of the receipt original issued to the Complainant on the same day. The contention of the Complainant that Rs.3,100/- is paid by him in excess is not correct. The copy of the R.C book is marked as Ext.A3. <br /> The endorsement of the hire purchase with the Opposite Party No.1 is not canceled even after the payment of the entire amount. The Opposite Party No.2 is only an agent canvasing the customers for the Opposite Party No.1. The act of Opposite Parties No.1 is a clear deficiency of service. The hire purchase agreement is also admitted by the Opposite Party No.3. The point No.1 is found in favour of the Complainant. The Ist Opposite party breached the terms and condition and this act amounts to the deficiency of services.<br /> Point No.2: <br /> The Complainant prayed for a direction to the Opposite Parties for the cancellation of H.P endorsement and to issue clearance certificate to the Complainant. The Opposite Party No.1 is<br /> (Contd......4)<br /> -4-<br /> liable to make arrangement for the cancellation of the H.P endorsement and to issue a clearance certificate to the Complainant. The complainant is also entitled for Rs.1,000/- (Rupees One thousand only) towards the cost of this complaint. In case of any failure on the part of the Opposite Party No.1 to cancel the H.P endorsement within one month from the date of this order. The Regional Transport Officer, Wayanad is directed to cancel the H.P endorsement from the registration certificate of the Complainant on receiving necessary fees.<br /> Pronounced in open Forum on this the 8th day of January 2008.<br /> PRESIDENT: Sd/-<br /> <br /> MEMBER: Sd/-<br /> <br /> /True Copy/<br /> <br /> <br /> PRESIDENT, CDRF WAYANAD.<br /> <br /> APPENDIX<br /> Witnesses for the Complainant:<br /> Nil<br /> Witnesses for the Opposite parties:<br /> Nil.<br /> Exhibits for the Complainant:<br /> A1 Hire installment- Due list <br /> A2Series (11 sheets) Hire purchase receipt<br /> A3 (4 sheets) Certificate of registration<br /> <br /> Exhibits for the Opposite parties:<br /> Nil<br /> <br /> <br /> PRESIDENT, CDRF WAYANAD.