Date of filing: 24-02-2012
Date of order: 12-06-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC. 41/2012
Dated this, the 12th day of June 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.K.G.BEENA : MEMBER
Vasudeva poojary.K.S, } Complainant
S/o. Subba Poojary, R/at Deshamangala,
of Kambar, Po.Bedradka, Kasaragod Dt.
(Adv.Mohan Prakash.K. Kasaragod)
1. The Manager, H.D.F.C.Bank, } Opposite parties
Office at Pilikunnu road, Kasaragod.Po.
2. The Manager,
Retail Asset Division, IInd Floor, HDFC Bank,
Nadakkav Niman Tower, Kannur Road,
Calicut 671304.
(Ops 1 & 2 Exparte)
3. P.V.Jayaprakash, S/o. Kunhikannan,
Driver Kasaragod Municipality,
Po.Kasaragod. 671121.
(In Person)
O R D E R
SRI.K.T.SIDHIQ, PRESIDENT
Complainant purchased a Bajaj AutoRickshaw bearing Reg.No.KL-14 F/5964. The Autorikshaw came to his hands after two or three transactions from its original RC owner i.e. opposite party No.3. However, the RC was stand in the name of opposite party No.3 himself since it was having the loan endorsement favouring Lord Krishna Bank which was amalgamated with opposite party No.1 & 2 Bank. Subsequently complainant cleared all the loan dues with interest up to date and requested opposite parties 1 & 2 to issue loan clearance letter and no objection certificate to cancel the HP endorsement and transfer the vehicle in his name. But opposite parties did not issue loan clearance certificate and HP termination letter instead of repeated demand. Because of this now the complainant could not ply the vehicle and thereby he suffered monetary loss also. Hence the complaint.
2. On receipt of notice though opposite parties 1 & 2 appeared through a counsel, subsequently they remained absent. No version is also filed.
3. Opposite partyNo.3 filed version. According to opposite party No.3 he has executed a sale letter at the time of sale of the vehicle. According to him the HDFC Bank issued him a notice on 12-11-2011 as per that a sum of `21,946.11 is due to them in respect of the loan agreement. Hence the allegation that complainant has remitted the entire amount due to the opposite parties 1 & 2 is incorrect.
4. Complainant filed proof affidavit. Exts A1 to A5 marked on the side of the complainant. Ext.B1 marked on the side of opposite party No.3. Complainant heard. Documents perused.
5. Ext.A1 is the receipt for payment of `22,500/- to opposite party on 22-12-2010. Ext.A5 dated 13-12-2010. As per which the settlement figure arrived is `30,000/-. According to the complainant `22,500/- is paid after deducting the subsidy granted to him. But Ext.B1. produced by opposite party No.3 shows that no such subsidy is deducted.
6. Therefore it is clear that some amount is further due from complainant to opposite parties 1 & 2. But no explanation is forthcoming from the side of opposite party regarding the actual dues.
Therefore we direct the complainant to pay a further sum of `7,500/-with interest @ 12% from 21-12-2010 to till payment. On receipt of the said amount opposite parties 1 & 2 shall issue no objection certificate and HP termination letter pertaining to the cancellation of HP endorsement from the RC of the vehicle bearing Reg.No.KL.14 F/5964. If the opposite parties fail to issue No Objection Certificate & HP termination letter even after receipt of the said amount, then on application by the complainant along with the evidence for payment of the said amount necessary directions will be given to the concerned RTO to cancel the HP endorsement favouring the opposite parties from the RC of the vehicle bearing Reg.No.KL-14/F 5964. In that case opposite parties shall further liable to pay a cost of `2000/-. Time for compliance 30 days from the date of receipt of copy of order.
MEMBER MEMBER PRESIDENT
Exts.
A1. 22-12-2010 Repayment receipt (Customer copy)
A2. 24-11-2011 copy of lawyer notice.
A3 Postal acknowledgment card
A4. L.A.150/2011
A5. 13-12-2010 Settlement offer.
B1. Request to foreclose loan under LKB UNSECURED Loan under agreement
No.3260795.
MEMBER MEMBER PRESIDENT
Pj/
