By Smt. C.S. Sulekha Beevi, President, 1. Complainant availed finance from opposite parties for his vehicle KL9-B/2800. As per agreement complainant had to repay Rs.1,47,000/- complainant repaid part of the amount. Thereafter with the knowledge and consent of opposite parties complainant sold the said vehicle and purchased another vehicle KL7/F-7452. The balance of finance amount which was yet to repaid for the earlier vehicle was Rs.1,21,000/-. This amount was transferred by opposite parties to the finance of the later vehicle purchased by complainant and necessary endorsements were made in the Registration Certificate. Complainant repaid the entire loan availed on the subsequent vehicle. Opposite parties refused to issue proper receipts for the last payment and also failed to issue the hire purchase termination letter. Hence this complaint.
2. First opposite party was set exparte on 26-3-2009. Though second opposite party entered appearance through counsel no version is filed by second opposite party. Supplemental third opposite party who is the Regional Transport Officer has filed version stating that complainant has not filed any application for cancellation of finance endorsement and that the dispute pertains only between financier and complainant.
3. Evidence consists of the affidavit filed by complainant and Exts.A1 to A8 marked on his side. No counter affidavit or documents filed on behalf of opposite parties, even after giving sufficient opportunities.
4. As per the affidavit and documents of complainant it is proved that complainant has repaid the whole loan availed by him. There is no contra evidence adduced by opposite parties. Claim of complainant stands proved. The non-issuance of hire purchase termination letter even after repayment of hire purchase amount is deficiency in service. We find opposite parties deficient in service.
5. In the result we allow the complaint and order that first opposite party shall issue hire purchase termination letter to the complainant in regard to vehicle No.KL10-7/F 7452 within three weeks from date of receipt of copy of this order, failing which on request made by the complainant a copy of this order will be communicated to third opposite party who is the Regional Transport Officer; who on receipt of copy of this order shall cancel the endorsement in regard to KL10-7/F 7452 which is in favour of first opposite party. NO order as to costs.
Dated this 10th day of June, 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 A8 Ext.A1 : Photo copy of the receipts (10 Nos.) from 1st opposite party to complainant. Ext.A2 : Photo copy of the D.D. For Rs.13,200/- in favour of opposite party. Ext.A3 : Photo copy of the counter foil dated, 12-7-2004 for Rs.13,228/-. Ext.A4 : Photo copy of the registration certificate of vehicle No.KL-7 F 7452 Ext.A5 : Photo copy of the payment instructions given by opposite party to complainant. Ext.A6 : Photo copy of the Telegram from first opposite party to complainant. Ext.A7 : Photo copy of the letter dated, 08-9-2008 by first opposite party to complainant. Ext.A8 : Notice dated, 07-1-2009 given by first opposite party to complainant. 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/- MOHAMMED MUSTAFA KOOTHRADAN, Sd/- MEMBER E. AYISHAKUTTY, MEMBER
......................AYISHAKUTTY. E
......................C.S. SULEKHA BEEVI
......................MOHAMMED MUSTAFA KOOTHRADAN | | 
