By Sri. K. Gheevarghese, President:

The complaint filed against the Opposite Parties for the clearance certificate and the letter of no objection for the renewal of permit on payment of the entire instalments before the date of last instalments.

2. The complaint in brief is as follows:- The Complainant is the purchaser of the jeep No. KL12/A 3580 which was purchased from the 1^st Opposite Party under the finance of the 2^nd Opposite Party. The remittance of instalments was to be according to the chart and the terms of hire purchase entered into. The Complainant had given the entire instalments except an amount of Rs.3,100/- before last due date. The Complainant demanded the Opposite Parties the closer of hire purchase endorsement whereas the Opposite Party demanded Rs.50,000/- extra for clearance certificate and closing of liability. The interest was tabulated in advance and the instalments were featured as such. The demand of the Opposite Party for an additional amount of Rs.50,000/- under the head of overdue is a deficiency in service. The Petitioner already remitted Rs.1,42,900/- towards the hire purchase liability. On finding that the Opposite Parties are not ready to clse the liability that of with the vehicle, the Complainant paid the balance amount as demand draft of Rs.3,100/- and the demand draft was sent to the Opposite Party on 03.11.2010.

3. There may be an order directing the Opposite Party to issue the clearance certificate, No Objection certificate required for renewal of permit along with cost and compensation.

4. The 1^st and 2^nd Opposite Parties were served notice and they are declared exparte.

5. Points in consideration are:-

1. Is there any deficiency in service on the part of the Opposite Parties.

2. Relief and cost.

6. Points No.1 and 2:- The evidence in this case consists of the proof affidavit of the Complainant and Ext.A1 to A6. The contention of the Complainant is that the remittance towards the hypothecation liability in total comes Rs.1,42,900/- Ext.A3 series (22 Nos) are the receipts produced towards the remittance of the Complainant towards the hire purchase liability. On perusal of the documents the Complainant remitted instalments as claimed. Ext.A2 is the payment chart produced. The instalments detailed in this document in total is 30. The hire purchase liability of the Complainant is from 21.10.2005 and it extends to 21.03.2008. It is to be considered that the payment towards the instalments were not readily sticking to the date mentioned. The Complainant remitted lastly Rs.4,550/- for the closing of the loan. The Opposite Parties are declared exparte, unless the contrary is proved the remittance of the Complainant of the loan instalments for the closing of the loan is to be taken into consideration and the Complainant remitted the entire loan amount. The permit renewal was already ordered as an interim relief. The Opposite Parties paid no heed to the request of the Complainant for NOC on payment of the total loan amount before the cut of date that is a deficiency in service. The Complainant is to be given the cost and compensation by the Opposite Parties.

In the result, the complaint is partly allowed. The Opposite Parties are directed to issue the clearance certificate to the Complainant since the liability in respect of the vehicle is closed. The Complainant is also entitled for Rs.2,000/- towards cost and compensation. The 1^st and 2^nd Opposite Parties are jointly and severally liable to comply this order issuing No Objection certificate along with cost and compensation of Rs.2,000/-(Rupees Two thousand only). This is to be complied by the Opposite Parties within one month from the date of receipt of this order.

Pronounced in open Forum on this the day of 19^th March 2011.

Date of filing:10.11.2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witness for the Complainant:

Nil.

Witness for the Opposite Parties:

Nil.

Exhibits for the Complainant:

A1. Copy of Certificate of Registration.

A2. Hire Rental Payments. dt:21.09.2005.

A3 series(22 in numbers) Receipts.

A4. Copy of the Demand Draft. dt:01.11.2010.

A5. Receipt. dt:01.11.2010.

A6. Courier Receipt. dt:03.11.2010.

Exhibits for the Opposite Parties:

Nil.