KT SASEEDHARAN S/O SANKARAN filed a consumer case on 19 Nov 2008 against SUN AUTOCONSULTANT AND FINANCE ARRANGEMENT in the Malappuram Consumer Court. The case no is CC/08/65 and the judgment uploaded on 30 Nov -0001.
Kerala
Malappuram
CC/08/65
KT SASEEDHARAN S/O SANKARAN - Complainant(s)
Versus
SUN AUTOCONSULTANT AND FINANCE ARRANGEMENT - Opp.Party(s)
ADV MUHAMMED MUSTHAFA
19 Nov 2008
ORDER
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MALAPPURAM consumer case(CC) No. CC/08/65
KT SASEEDHARAN S/O SANKARAN
...........Appellant(s)
Vs.
SUN AUTOCONSULTANT AND FINANCE ARRANGEMENT UGAM RAJ SURANA
...........Respondent(s)
BEFORE:
1. AYISHAKUTTY. E 2. C.S. SULEKHA BEEVI 3. MOHAMMED MUSTAFA KOOTHRADAN
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
By Smt. E. Ayishakutty, Member, 1. Complainant is registered owner of the vehicle bearing Registration No.KL-13 B-441 Bajaj Tempo. First opposite party is the authorised agent of second opposite party and who is doing hire purchase business at Pandikkad in Malappuram District. Complainant had been delivered the vehicle by the opposite parties and has executed on hire purchase agreement on 10-01-04 for Rs.47,500/-. The complainant has to pay the hire purchase instalments at the rate of Rs.1,900/- per month. He has to pay the entire instalments within 25 months. Complainant has paid entire amount within time. Second opposite party has issued receipts for the entire payment. After the payment of full amount complainant requested to issue the hire purchase termination letter. But second opposite party refused to issue it and further he demanded extra amount of Rs.10,000/-. Complainant sent a lawyer notice to second opposite party on 17-12-07 demanding hire purchase termination letter, confirmation letter and no objection certificate in respect of the vehicle KL13-B 441 Bajaj Tempo. But second opposite party is not ready to issue it and moreover he threatened the complainant that he has misuse the blank cheque leaf and other documents handed to him as security at the time of agreement. Therefore the complainant filed this petition. 2. Complainant prays to direct second opposite party to issue hire purchase termination letter, confirmation letter and no objection certificate in respect of the vehicle KL-13 B 441 Bajaj Tempo. He also requested to cost and compensation. 3. First opposite party filed version. He denied all the averments made by the complainant upon him. Notice served to the second opposite party. He is absent and set exparte. 4. Complainant filed affidavit and documents. Ext.A1 series and A2 series marked on the side of complainant. No documents or affidavit filed by the 1st opposite party. 5. Ext.A2 series shows that complainant has paid the entire instalments. Second opposite party issued receipts for the entire payments. So claim proved. Second opposite party is entitled to issue the hire purchase termination letter to the complainant. 6. In the result the complaint is allowed. We order second opposite party to issue the hire purchase termination letter, confirmation letter and No Objection Certificate in respect of the vehicle KL-13 B 441 Bajaj Tempo within one month from the date of receipt of copy of this order, failing which on request made by the complainant copy of this order will be communicated to the concerned Regional Transport Officer who on receipt of copy of this order shall cancell the endorsement in favour of second opposite party in respect of vehicle No.KL-13 B 441 Bajaj Tempo. No order as to cost. Second opposite party is restricted from using the blank cheque leaf and other documents handed over to him by the complainant as security at the time of executing hire purchase agreement. Dated this 19th day of November, 2008. Sd/- C.S. SULEKHA BEEVI, PRESIDENT Sd/- MOHAMMED MUSTAFA KOOTHRADAN, Sd/- MEMBER E. AYISHAKUTTY, MEMBER APPENDIX Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Ext.A1 series and A2 series. Ext.A1 series : Registered Lawyer notice with A/D dated, 17-12-2007 by complainant's counsel to 2nd opposite party. Ext.A2 series : Receipts (21 Nos.) from 2nd opposite party to complainant. 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/- MOHAMMED MUSTAFA KOOTHRADAN, Sd/- MEMBER E. AYISHAKUTTY, MEMBER
......................AYISHAKUTTY. E ......................C.S. SULEKHA BEEVI ......................MOHAMMED MUSTAFA KOOTHRADAN
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