By Smt. C.S. Sulekha Beevi, President,

1. Complainant availed finance of Rs.3,67,500/- from first opposite party upon his vehicle KL10Y 3060 TATA INDICA Car. The loan was to be repaid in 34 EMI of Rs.10,050/- each and first instalment of Rs.10,500/-. It was also agreed that opposite party would pay the insurance premium for the vehicle during the said loan period. Complainant had submitted 35 post dated cheques towards repayment of the loan. Opposite party has encashed all the 35 cheques and thus the agreed amount of Rs.3,67,500/- has been repaid by complainant without any default. But opposite parties failed to issue the hire purchase termination letter and documents even after repayment. Besides opposite party demanded further sum of Rs.33,898/-. Complainant issued a lawyer notice on 09-7-2008. Neither did opposite party reply nor did opposite party issue the hire purchase termination letter. Hence this complaint.

2. Notice issued to first opposite party was served and the acknowledgement card was received back in the Forum. This card bear the seal and signature of opposite party. Though notice was served opposite party remained absent and did not file any version. Hence first opposite party was set exparte on 06-7-2009.

3. Second opposite party was impleaded as per orders in I.A.218/2009. Though notice was served second opposite party did not appear and has not filed any version. Second opposite party was set exparte on 06-7-2009.

4. Complainant filed affidavit on 03-8-2009 reiterating the averments in the complaint. Exts.A1 to A5 marked for the complainant. Ext.A2(b) which is the repayment details show that complainant has repaid the instalments without default. Ext.A4 is the notice issued by opposite party demanding Rs.33,898/- and Ext.A5 is the notice issued by opposite party demanding Rs.28,831/-. It is candid that opposite party has declined to issue the hire purchase termination letter even after repayment of finance and has demanded different amounts without any basis. Complainant has established and proved a case in his favour. On issuance of the hire purchase termination letter even after repayment of finance is deficiency in service. We find first opposite party deficient in service. We hold that complainant is entitled to receive the hire purchase termination letter which would be adequate relief. All other claims disallowed.

5. In the result we partly allow the complaint and order that first opposite party shall issue hire purchase termination letter in favour of the complainant in regard to the vehicle KL-10Y-3060 within one month from the date of receipt of copy of this order failing which on request made by the complainant a copy of this order will be communicated to second opposite party, who on receiving the copy shall cancel the finance endorsement in regard to the vehicle KL-10Y 3060. There is no order as to costs.

Dated this 16th day of September, 2009.

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 to A5

Ext.A1 : Letter dated, 19-2-2006 from opposite party to complainant.

Ext.A2 series : Contract details, repayments and repayment schedule from oppsoite party to complainant.

Ext.A3 : Lawyer notice dated, 09-7-2008 issued by complainant's counsel to

opposite party.

Ext.A4 : Notice issued by opposite party to complainant demanding Rs.33,898/-.

Ext.A5 : Notice issued by opposite party to complainant demanding Rs.28,831/-.

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