Kerala

Kozhikode

CC/08/62

V SREENIVASAN - Complainant(s)

Versus

RTO,KOZHIKODE - Opp.Party(s)

13 Nov 2008

ORDER


KOZHIKODE
CONSUMER DISPUTES REDRESSAL FORUM,CIVIL STATION
consumer case(CC) No. CC/08/62

V SREENIVASAN
...........Appellant(s)

Vs.

RTO,KOZHIKODE
M/S AMARO KANWAR FINANCIER
P DEVADASAN@DEVAN
...........Respondent(s)


BEFORE:
1. G YADUNADHAN2. JAYASREE KALLAT3. K.V.SREENIVASAN

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By G. Yadunadhan, President: The case of the complainant is that the complainant had purchased the vehicle from the 3rd opposite party as per sale agreement dated 29.10.1996. 3rd opposite party is popularly known as Hindustan Devan of Hindusthan Auto Consultancy. The 2nd opposite party had lent an amount of Rs.29,000/- to the complainant through the 3rd opposite party, which having stipulation that the amounts to be paid in monthly instalments. 1st 10 months @ Rs.1500/- per month and next ten months @ Rs.1400/- per month. Complainant remitted the entire amount with interest as per the agreement. To that effect several letters sent to the opposite parties 2 and 3 by registered post; but not replied so far. Hence the petitioner is seeking relief against opposite party No.1 to terminate the higher purchase endorsement made in the original Registration Certificate with respect to Autorikshaw bearing No. KL 11 D 3080. Complainant not adduced any oral evidence before this Forum. Ext. A1 to A4 were marked on the side of the complainant. Opposite party 2 and 3 were called absent and set exparte. Opposite party 1 appeared and filed version. While perusing Ext. A1, it is seen that an earlier order was passed by this Forum in O.P. No.204/05. In that order, there is no specific direction to opposite party No.1 for terminating higher purchase agreement made in the original Registration Certificate book of Autorikshaw bearing No.KL 11 D 3080. Since opposite party Nos. 2 and 3 have no claim, opposite party No.1 has nothing to prevent for terminating the higher purchase endorsement in the Registration Certificate book. Therefore, petition is allowed and the opposite party No.1 is directed to take action to terminate the hire purchase endorsement made in Registration Certificate book of the complainant with respect to Autorikshaw bearing No. KL 11 D 3080. No cost is ordered. Pronounced in open Court this the 13th day of November 2008. Sd/-President Sd/-Member APPENDIX Documents exhibited for the complainant: A1 Photocopy of the order passed in O.P. 204/05 . A2 Photocopy of the complaint filed before CDRF, Kozhikode on 29.6.2005. A3 Photocopy of sthe endorsement made in the RC book as per No.R6/2541/2000D. A4 Copy of letter No.R5/2971/06D dated 4.4.06. Documents exhibited for the opposite party: Nil. -/True copy/- Sd/-President (Forwarded/By Order) Senior Superintendent.




......................G YADUNADHAN
......................JAYASREE KALLAT
......................K.V.SREENIVASAN