Date of filing : 05-01-2012
Date of order : 23 -08-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.118/2012
Dated this, the 23rd day of August 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
Sindhu.K, } Complainant
Kottayil House, Vilayur West.Po.
Pattambi, Palakkad.Dt.
(Adv.Anil.K.Malappuram)
1. The Integrated Finance Co.Ltd, } Opposite parties
Ist floor, Siddartha Complex,
TB Road, Thrissur. 680021.
2. Chandran.K, S/o. Sankunni,
NA- Tourist Home, Near Bus Stand,
Po. Kasaragod. Kasaragod.Dt.
(Ops 1 & 2 Exparte)
O R D E R
SMT.K.G.BEENA, MEMBER
The case of the complainant Smt. Sindhu is that she purchased a vehicle under Hire Purchase Scheme with the first opposite party by executing Hire purchase Agreement. Believing the words of 2nd opposite party that he will do all formalities in the loan matter, the complainant paid the entire amount due to the first opposite party in time and demanded the Hire Purchase Termination letter. Since there is no response at last the complainant issued a registered letter requesting opposite parties to issue termination letter. But it is returned with an endorsement that the addressee ‘abolished’ Hence the complaint for necessary redressal.
2. Eventhough notices were issued to opposite parties under registered post, both notices issued to opposite parties 1 & 2 returned with an endorsement “left station “. So paper publication was given in Karaval Daily. Thereafter also opposite parties remained absent. Hence they were called absent and set exparte.
3. Complainant filed proof affidavit in lieu of examination-in-chief. Exts A1 to A3 marked. Heard the complainant.
4. The brief facts of the case is that the complainant purchased a vehicle after entering into Hire Purchase Agreement with opposite party No.1 believing opposite party No.2 that he will do all formalities in the loan matter who obtained service charges. Complainant paid the entire amount to Ist opposite party in time. But opposite party No.1 failed to issue Hire Purchase Termination letter. Complainant sent a registered letter requesting opposite party No.1 to issue Hire Purchase Termination letter. But the postal authorities returned the letter as “addressee abolished”. According to complainant If the opposite parties did not issue hire purchase termination letter, she will cause a loss of `80,000/-. The prayer of the complainant is to give a direction to additional registering authority Pattambi to cancel the hire-purchase endorsement from the registration certificate of the vehicle. Since the opposite parties are not appeared before the Forum even after paper publication. We have no other option except to believe the version of the complainant. If the complainant had cleared the entire loan amount, the opposite party No.1, is bound to issue Hire Purchase Termination letter. But here opposite parties did not contest the case before the Forum. Hence we pass an exparte order infavour of the complainant.
Hence the complaint is allowed and opposite parties are directed to pay a compensation of `5000/- with a cost of `2000/- to the complainant within 30 days from the date of receipt of copy of the order. The Additional Registering Authority Pattambi is directed to cancel the Hire Purchase endorsement of the vehicle bearing Reg.No.KL09 D 1454 which stands endorsed in the name of opposite party No.1 within 30 days from the date on which the complainant submits an application before him together with the copy of this order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1.Photocopy of RC
A2. Photocopy of Request for HP Termination letter
A3. Returned registered letter with endorsement “Abolished”.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
