ORDER

R.Vijayakumar, Member.

This is a complaint filed Under Section 12 of Consumer Protection Act. The complaint is filed for getting a direction to opposite parties for the issuance of the loan termination paper, NOC, other relevant documents to cancel hypothecation endorsement in the Reg.Certificate of Vehicle No.KL-02R/3414, Maruti ALTO, the whole documents including signed cheques issued by the complainant at the time of availing loan and for compensation Rs.50,000/- along with cost Rs.5000/-.

The complainant’s case is that he had availed a vehicle loan on 30.10.2003 for his car bearing Reg.No.KL-02R/3414, Maruti ALTO from the opposite parties agreement. The complainant paid the entire loan amount along with interest and other charges and settled the loan account fully and finally.

The second opposite party agreed but failed to release the loan termination paper, NOC and other documents including signed cheques. After failure of his attempts to obtain the said documents from the opposite parties, the complainant sent as a legal Notice to the second opposite party. The legal notice was accepted but not cared to reply. The opposite parties are having legal duty to issue the above said documents. The act of opposite party amounts to deficiency in service and unfair trade practice and it resulted in financial loss and hardships to the complainant. Hence the complaint.

        The opposite parties entered appearance. But they failed to file version or adduce evidence. Even though sufficient opportunities has been given, the opposite parties remained absent. Hence set exparte.

(3)

        The complainant filed affidavit. PW1 examined. Exts.P1 to P7 marked.

                The points that would arise for consideration are:

1.     Whether any deficiency in service from the part of opposite party?

2.     Compensation and cost.

Points (1) and (2)

        As the opposite parties remained absent we are constrained to relay upon evidence adduced by the complainant. We have perused the documents in detail. We are of the view that there is deficiency in service from the part of opposite parties. The points found accordingly.

In the result, the complaint is allowed. The opposite parties are directed to issue loan termination paper NOC, Signed cheques and all relevant documents to cancel the hypothecation endorsement in the Reg.Certificate of vehicle bearing Reg.No.KL-02R/3414 to the complainant. The opposite parties are further directed to pay compensation Rs.3000/- and cost Rs.1500/- to the complainant.

        The order is to be complied with within one month of the date of receipt of the order.

(4)

                        Dated this the 30^th day of November 2010.

K.Vijayakumaran     :Sd/-

Adv.Ravi Susha       :Sd/-

R.Vijayakumar         :Sd/-

// Forwarded by Order //

    Senior Superintendent

INDEX

List of witnesses for complainant

PW1                         - Muhammed Kabeer

List of documents for complainant

P1                            - Notice dtd: 15.11.2008

P2                            - Copy of DD dtd: 01.01.09.

P3                            - Notice dtd: 05.08.09.

P4                            - Acknowledgment card

P5                            - Objection before Arbitrator

P6                            - Acknowledgment card

P7                            - Acknowledgment card