Kerala

Kollam

CC/05/218

Ibrahim Kutty,Areka Plavila puthen veedu,Venchiyoo - Complainant(s)

Versus

The Manager, M/s. Goutham Chand Praveen Chand - Opp.Party(s)

K.P.Saji nath

26 Apr 2008

ORDER


CONSUMER DISPUTES REDRESSAL FORUM ::: KOLLAM
C.D.R.F. KOLLAM : CIVIL STATION - 691 013
consumer case(CC) No. CC/05/218

Ibrahim Kutty,Areka Plavila puthen veedu,Venchiyoo
...........Appellant(s)

Vs.

The Manager, M/s. Goutham Chand Praveen Chand
Abdul Azeez,S/o.Udayan Kannu Rawther,Koonakuzhi Charuvila Puthen veedu
...........Respondent(s)


BEFORE:
1. K. VIJAYAKUMARAN ACHARY : President 2. RAVI SUSHA : Member 3. VIJYAKUMAR. R : Member

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By R. Vijayakumar, Member. The complainant filed the complaint for getting an order directing the opp.party to issue No Objection Letter, Non-liability Certificate and compensation and cost. Contention in the complaint can be briefly summarized as follows: Complainant availed a loan of Rs.2,00,000/- from 1st opp.party and entered into a hire purchase agreement 31.1.2000 in respect of a Motor Vehicle Bearing Reg.No.KL-02-4-7702 Mahindra 2 WD Jeep. As per agreement complainant had to repay Rs.3,29,500/- in 48 instalment. Opp.party is made to believe that the instalment amounts includes the yearly insurance premium and no other amount is payable to them except the instalment. Complainant remitted all the instalment and thus repaid entire amount. After repaying the full amount, the complainant approached the 1st opp.party for no-objection letter and non-liability certificate in order to produce the same before RTO for deleting the hire purchase noted in the RC Book. But the opp.party deliberately evading from issuance of the said certificate, Complainant sent a legal notice. It was replaced that the complainant still has to pay Rs.47805/- to the opp.party towards overdue compensation charges for delayed payments insurance premium and other charges and expenses. The complainant is legally entitled to get non-objection letters and non-liability certificate from the opp.party is bound to issue the said certificates. Hence the complainant filed this complaint for getting an order from the Forum. Complainant filed complaint, affidavit and Ext.P1 to P5 marked as evidence. Opp.parties remained absent. Hence opp.parties set exparte. The points that would arise for consideration are: [1] Whether there is unfair trade practice and deficiency in service on the part of the opp.parties. [2]Compensation and cost. Points [1] & [ii] As the opp.party remained absent we are constrained to relay upon the evidence adduced by the complainant. The complainant could prove his case through complainant affidavit and Exts. P1 to P5. We find that there is deficiency in service on the part of the opp.party. Opp.party is bound to issue no-objection letter and non-liability certificate. In the result the complaint is allowed. The opp.party is directed to issue no-objection letter and non-liability certificate in respect of the vehicle No.KL-02 H 7702 to the complainant and to pay Rs.3000/- as compensation and Rs.1500/- as cost to the complainant. The order is to be complied with within one month from the date of receipt of this order. Dated this the 26th day of April, 2008




......................K. VIJAYAKUMARAN ACHARY : President
......................RAVI SUSHA : Member
......................VIJYAKUMAR. R : Member