By Sri. K. Gheevarghese, President:

The complaint filed under section 12 of the Consumer Protection Act 1986.

The complaint in brief is as follows:- The Complainant purchased a C.T.100 Motor Cycle from the 1^st Opposite Party financed by the 2^nd Opposite Party. The equated monthly instalments tabulated for remittance was fully paid by the Complainant. When the loan amount was closed, the Complainant demanded for the R.C.Book and No Objection certificate. The Opposite Party assured the Complainant that the documents would be sent by post to the Complainant but it was not done as assured. There may be an order directing the Opposite Party to issue the Complainant the documents of the vehicle.

2. The 1^st Opposite party filed version in short it is as follows:- The purchase of vehicle No.KL 12C 3194 is admitted. As a seller of the vehicle the 1^st Opposite Party has not provided any loan to the Complainant for the purchase of the motor cycle. The complaint is on experimental basis and no relief is sought against this Opposite Party and the complaint is to be dismissed with cost.

3. The 2^nd Opposite Party is declared exparte. The 3^rd Opposite Party filed version it is in short as follows:- The Complainant has not made any transaction with the 3^rd Opposite Party and 3^rd Opposite Party has neither any knowledge about sale of the vehicle nor any documents were given to the Complainant. The complaint is be dismissed with cost to the 3^rd Opposite Party.

4. The points in consideration are:-

1. Whether any deficiency in service on the part of the Opposite Parties?

2. Relief and cost.

5. Points No.1 and 2:- The Complainant filed proof affidavit, Exts. A1, A2 and B1 are the documents considered in this case. From the face of the records produced it is evident that the Complainant sent notices to the 2^nd Opposite Party to pay back the vehicular documents and NOC. The 3^rd Opposite Party is the financier who has not appeared in this case. Ext.B1 is the endorsement stamped and signed by the 2^nd Opposite Party though this inscription appeared to be vague it is seen that the account is settled with the Complainant and admitted that R.C is not issued to the Complainant. The 1^st and 3^rd Opposite Parties are not having any responsibility in the issuance of the NOC and Registration Certificate. Unless the contrary is proved it is to be presumed that the 2^nd Opposite Party has not issued the No Objection Certificate towards the clearance of liability endorsed in the R.C. book. The non issuance of the Registration Certificate and No Objection Certificate is nothing but deficiency in service and the points are found accordingly. The 1^st and 2^nd Opposite Parties are absolved from any liability.

In the result, the complaint is partly allowed. The 2^nd Opposite Party is directed to give the Complainant Registration Certificate and No Objection Certificate in respect of the vehicle KL 12 C 3194. The Complainant is also entitled for the cost of Rs.500/- (Rupees Five hundred only) which is to be paid by the 2^nd Opposite Party. This is to be complied by the 2^nd Opposite Party within one month from the receipt of this order.

Pronounced in open Forum on this the day of 31^st July 2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witness for the Complainant:

PW1. Prabhakaran. Complainant.

Witness for the Opposite Parties:

Nil.

Exhibits for the Complainant:

A1 series (3 numbers) Copy of Letter.

A2. Copy of Receipt. dt:29.01.2009.

Exhibits for the Opposite Parties:

B1 is the endorsement stamped and signed by the 2^nd Opposite Party.