D.o.F: 14/11/06 D.o.O: 27/9/08 IN THE CONSUMER DISPUTES REDRESSAL FORUM KASARAGOD CC.NO.128/06 Dated this, the 27th day of September 2008 PRESENT: SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SYAMALADEVI : MEMBER Abdul Majeed, S/o Abdulla E.K, Rahiman manzil, Kambar House, : Complainant Badradka Po, Kasaragod. 1. Srikant Shirke,General Manager, Two Wheelers Finance, Tata Motors Ltd, Bezzola Complex, 6th Floor, V.N.Purav marg, Chembur, Mumbai. : Opposite parties 2. Raji.J.Varghese, Business Head, Two wheelers loans, ICICI Bank Ltd, ICICI Bank phone Banking Centre, P.B.No.20, Banjara Hills Po, Hyderabad-500034. ORDER SRI.K.T.SIDHIQ: PRESIDENT: Complainant, Abdul Majeed had obtained two wheeler loan from TATA Finance Ltd Mumbai as per hire purchase agreement for purchasing a Hero Honda passion two wheeler . Later Tata motors had assigned and transferred the entire business in connection with two wheeler finance along with interest to ICICI Bank. This fact has been intimated to Abdul Majeed. Eventhough he had discharged the entire amount due to opposite parties, his frequent demand for the H.P. termination letter in respect of his vehicle KL 14 C/9551 has not heeded any result. Because of the latches and negligence on the part of the opposite parties, Abdul Majeed could not sell his vehicle since he could not transfer the R.C. He had a loss of Rs.5000/-. For the lethargy, negligence, dereliction of duty of opposite parties, mental agony and inconvenience have been caused to him since 2004 for which Abdul Majeed claims Rs.10,000/-. Therefore, the complaint seeking a direction to the opposite parties jointly and severally to pay Rs.15500/- on different heads with a cost of Rs.2000/-. 2. In response to the notices Ist opposite party Tata Motors entered appearance and filed version . Opposite party No.2 ICICI Bank remained absent in spite of receipt of registered notice. Hence opposite party No.2 set exparte. According to opposite party No.1, since they transferred their entire two wheeler finance to ICICI Bank after 1/4/04, the ICICI bank was liable to issue HP termination letter to Abdul Majeed. 3. Complainant filed affidavit in support of his claim. Exts.A1 to A8 marked. 4. Complainant and opposite party No.1 heard. During hearing, counsel for complainant submitted that the complainant is satisfy with an order against ICICI Bank. Hence we pass the following order. Complaint allowed. Second opposite party M/s ICICI Bank represented by its business head is directed to issue H.P. termination letter to Abdul Majeed in respect of his vehicle kL-14 C/9551 within 30 days from the date of receipt of copy of the order. Failing which upon the request by Abdul Majeed the concerned registering authority of the vehicle will be directed to cancel the endorsement of hire purchase from the RC book of the vehicle KL-14/C 9551. ICICI Bank further directed to pay a sum of Rs.5000/- towards compensation with a cost of Rs.2000/- to Abdul Majeed. Time for compliance is limited to 30 days from the date of receipt of copy of the order. MEMBER MEMBER PRESIDENT Exts: A1-form of R.C, A2&A3-HP agreement A4-12/11/04-registered notice A5,A7&A8-postal acknowledgments A6-28/9/06-reply of A4 MEMBER MEMBER PRESIDENT eva/