Kerala

Malappuram

CC/08/6

RATHEESH, S/O RAMAN KUTTY - Complainant(s)

Versus

SALAM M.S, AUTO CONSULTANT - Opp.Party(s)

13 Aug 2008

ORDER


DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MALAPPURAM
consumer case(CC) No. CC/08/6

RATHEESH, S/O RAMAN KUTTY
...........Appellant(s)

Vs.

SALAM M.S, AUTO CONSULTANT
SUNILKUMAR BHANDARI
...........Respondent(s)


BEFORE:
1. AYISHAKUTTY. E 2. C.S. SULEKHA BEEVI

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By Smt. C.S. Sulekha Beevi, President, 1. Complainant availed finance of Rs.40,000/- from second opposite party on 25-5-05 for his autorickshaw KL10-L 8487. He entered into the transaction with the help of first opposite party who is the agent of second opposite party. The loan amount was to be repaid in 30 instalments. Complainant paid the entire instalments. Second opposite party has not issued the hire purchase termination letter. Hence this complaint. 2. Notice to first opposite party was served. He was absent and set exparte on 22-02-08. Second opposite party filed version admitting the hire purchase transaction. It is stated that complainant was a chronic defaulter and an amount of Rs.6,860/- is still due from the complainant towards additional hire charges, outgoing expenses, incidental sundry expenses, calculated together with further charges. That complainant had agreed to pay these amounts. That there is no deficiency ins service and to complaint is liable to be dismissed. 3. Evidence consists of affidavit fled by complainant and Exts.A1 to A3 marked on his behalf. No affidavit or documents filed on behalf of opposite parties. Ext.A1 is the photo copy of the loan repayment book, which amply proves that complainant has repaid the entire loan amount. Although opposite party admits payment of the instalments it is contended that Rs.6,860/- is still due towards additional interest due to default in payment of instalments within time. Opposite party has not adduced any evidence to prove the details of any such amount or the default. The charges narrated in the version are hidden charges and opposite party is not entitled to recover such charges from the complainant. We hold that the claim of complainant is proved. Opposite party is liable to issue hire purchase termination letter to the complainant. 4. In the result, we allow the complaint and order that second opposite party shall issue clearance certificate to the complainant in respect of vehicle No.KL10 L 8487 within one month from the date of receipt of copy of this order failing which on request made by complainant, copy of this order will be communicated to the concerned Regional Transport Officer who on receipt of copy of this order shall cancel the endorsement in favour of opposite party in respect of the above vehicle. We make no order as to costs. Dated this 13th day of August, 2008. Sd/- C.S. SULEKHA BEEVI, PRESIDENT Sd/- E. AYISHAKUTTY, MEMBER APPENDIX Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Ext.A1 to A3 Ext.A1 : Photo copy of the loan repayment book. Ext.A2 : Photo copy of the receipt for Rs.9100/- from 2nd opposite party to to complainant. Ext.A3 : Photo copy of the registration certificate in respect of vehicle No.KL10 L 8487. 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/- E. AYISHAKUTTY, MEMBER




......................AYISHAKUTTY. E
......................C.S. SULEKHA BEEVI