O R D E R
Smt. Sheela Jacob (Member II):
The complainant approached this Forum for getting a relief from the Forum against the opposite party.
2. The complainant availed of a Hire purchase facility from the opposite party for purchase of a Swaraj Mazda ZT 54 AB TUC SA Tipper lorry bearing Reg. No.KL 42/6788 for the purpose of his livelihood. The financial facility availed on 20/01/2007 from the opposite party. The full amount was paid within the stipulated period. Thereafter the complainant approached the opposite party several time for getting the NOC stating that the hypothecation has been cancelled. But the opposite party has not issued the NOC by saying one or other reasons. The complainant has sold his vehicle on the agreement that the balance amount of Rs. 20,000/- would be given only after handing over the NOC to the purchaser. The non-issuance of NOC is an unfair trade practice and deficiency in service, which caused financial loss and mental agony to the complainant and opposite party is liable to the complainant for the same. Hence this complaint for an order directing opposite party to cancel the hire purchase agreement and issue the certificate for the same. Complainant also prays for allowing Rs.70,000/- as compensation and cost.
3. In this case opposite party is ex-parte.
4. On the basis of the parties, the only point to be considered is whether this complaint can be allowed or not?
5. The evidence of this complaint consists of the oral testimony PW1 and Ext.A1. After closure of evidence, complainant was heard.
6. The Point:- The complainant’s case is that he had purchased a lorry by availing loan from the opposite party by executing a hire purchase agreement. The entire loan installments were paid by the complainant without any default. Thereafter he approached the opposite party several time for getting the NOC. In the circumstances, the complainant had sustained irreparable injury and losses due to the non-issuance of the NOC by the opposite party. The above said act of the opposite party is a clear deficiency in service and they are liable to the complainant for the same. Therefore, the complainant prays for allowing the complaint.
7. In order to prove the case of the complainant, complainant filed proof affidavit in lieu of his chief examination along with one document. Complainant was examined as PW1 and the document produced was marked as Ext.A1. The complainant’s allegation is that in spite of all this, opposite party did not issue the NOC. Since the opposite party is exparte and there is no evidence against the allegation of the complainant the evidence adduced by PW1 in this case is unchallengeable as far as the opposite party is concerned. So the act of the opposite party is found as a clear deficiency in service which no doubt affected inconvenience and harassment to the complainant. Therefore, the opposite party is liable to the complainant and hence this complaint is allowable.
8. In the result, this complaint is allowed thereby the opposite party is directed issue the NOC to the complainant along with a cost of Rs.2,000/- (Rupees Two Thousand only) within 20 days from the date of receipt of this order, failing which the complainant is allowed to realize an amount of Rs.20,000/- (Rupees Twenty Thousand only) from the opposite party along with 10% interest from today till the realization of the whole amount. In the nature and circumstances of the case, no order for compensation.
9. In the event of non-issuance of NOC by the opposite party, complainant is allowed to approach the concerned transport authority with this order along with the relevant documents showing that the complainant had cleared all instalments for canceling the hire purchase endorsement from the R.C Book of the complainant’s vehicle bearing Reg.No.KL-42-6788 and in that event the concerned R.T.O authority can cancel the purchase endorsement from the R.C Book in question.
Declared in the Open Forum on this the 30th day of November, 2016.
(Sd/-)
Sheela Jacob
(Member – II)
Sri. P. Satheesh Chandran Nair, (President) : (Sd/-)
Smt. K.P. Padmasree (Member – I) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : Radhakrishnakurup
Exhibits marked on the side of the complainant:
A1 : Photocopy of the R.C. Book
Witness examined on the side of the opposite party: Nil
Exhibits marked on the side of the opposite party : Nil
(By Order)
Copy to:- (1) Radhakrishana Kurup, S/o. Neelakanda Pillai,
Puthen Veetil, Vellappara, Konni, Pathanamthitta. (2) The Manager, Sakthi Fnance, Aban Arcade,
Kumbazha Road, Pathanamthitta.
(3) The Stock File.
