By L. Jyothikumar, Member:

 

            The complaint was filed on 11-5-09. The complainant had availed a car loan from the 1^st opposite party with a Hire Purchase agreement on 29-09-2006.  Registration number of the Maruthi car is KL-18B-4854. 2^nd opposite party is the agent of the 1^st opposite party. At the time of availing the loan the complainant had submitted all the documents before the 1^st opposite party. According to the complainant that he had duly discharged the entire loan liability on 28-10-2008. Complainant had approached opposite party-1 and opposite party-2 for getting the No Objection Certificate and to return back the original documents relating to the car. But the opposite parties did not return back the document and also not issued No Objection Certificate. The complainant is alleging deficiency in service on the part of the opposite parties.

 

            Notices sent to the opposite parties were served. Opposite party-1 represented and filed version denying the averments in the petition. When the case was posted for cross examination of the complainant, 1st opposite party’s counsel reported no instruction. No cross examination was done by the opposite party-2. Opposite party-3 was not present hence called absent and set exparte. Complainant was examined as PW1. Exts.A1 to A12 were marked on complainant’s side. From the evidence and exhibits the case of the complainant is proved. Before filing the complaint he had sent a notice to the 1^st opposite party. No reply was given. Several time the complainant had approached opposite parties-1 and 2 to get back the documents and No Objection Certificate. Even though the complainant had informed the deficiency in service, the 1^st opposite party and 2^nd opposite party did not take any steps to redress the grievance.   Hence the Forum is of the opinion that the opposite party-1 and 2 were deficient in their service

 

In the result petition is allowed and opposite party-3 is directed to take necessary steps to make the H.P. Clearance endorsement in the R.C. book of the complainant within one month from the date of receipt of copy of the order.

 

Pronounced in the open court this the 31^st day of May 2010.

 

SD/- PRESIDENT                   SD/- MEMBER           SD/- MEMBER

 

APPENDIX

A1 series ( 10 in Nos.) Photocopy of receipts.

A2. Photocopy of Cheque dt. 1-3-08.

A3. Photocopy of receipt dt. 25-10-08.

A4. Photocopy of counterfoil.

A5. Photocopy of Lawyer notice dt. 4-3-09.

A6. Photocopy of acknowledgement.

A7. Photocopy of sales agreement dt. 21-7-08.

A8. Photocopy of agreement dt. 2-4-09.

A9. Photocopy of Certificate of Registration.

A10. Photocopy of H.P. Cahrt.

A11. Instructions.(Photocopy)

A12. Instructions (Photocopy)

 

Documents exhibited for the opposite party.

            Nil

Witness examined for the complainant.

PW1. Pradeepkumar.V. (Complainant)

Witness examined for the opposite paprty.

            None

 

                                                                                    Sd/- President

                        // True copy //

(Forwarded/By order)

 

 

SENIOR SUPERINTENDENT.