Date of Filing             : 30-04-2009

                                                            Date of Order            : 20-07-2009

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                C.C.No.108/09

                                    Dated this, the 20th day of July 2009.

PRESENT

SRI.K.T.SIDHIQ                                            : PRESIDENT

SMT.P.RAMADEVI                                                : MEMBER

SMT.P.P.SHYMALADEVI                          : MEMBER

The Head Master,

Ichilamgode Islamiya ALP School,

Ichilangode.Po,

Mangalpady, Kasaragod.                            } Complainant

(Adv.K.Vinod Kumar, Kasaragod)

The Manager,

Tata Finance Ltd,                                          } Opposite party

Opp. Ramananda Oil Mill, South Bazar,

Kannur.

(Exparte)

                                                            O R D E R

SRI.K.T.SIDHIQ, PRESIDENT

            Bereft of unnecessaries the complaint is that the complainant Headmaster, Ichilamgode Islamiya A.L.P. School purchased a bus bearing Reg.No.KL-14/D 9510 with the financial assistance of opposite party.  Eventhough all the dues are cleared, opposite party has not cared to issue HP Termination Letter and No Objection Certificate so as to cancel the endorsement of Hire Purchase from the RC of the vehicle inspite of written requests and lawyer notice demanding the same. As a result the complainant is unable to sell the vehicle and to purchase a new vehicle.  Hence the complaint praying for an order directing the opposite party to issue HP Termination Letter and No Objection Certificate in respect of the vehicle KL-14 D 9510 and a compensation of Rs.25000/-.

2.         Inspite of receipt of notice issued by registered post Opposite party remained absent.    Hence opposite party was set exparte.

3.            Complainant filed affidavit reiterating that is stated in the complaint.  Exts.A1 to A4 marked.  Complainant heard and documents perused.

4.         Ext.A2 is the loan repayment chart with details of repayment of loan.  From Ext.A2 it is clear that the complainant has closed the entire loan dues. After closing the loan it was incumbent on the part of opposite party to issue No Objection Certificate for the transfer of vehicle and HP Termination Letter for the cancellation of endorsement of HP from the RC.  The non-issuance of those documents amount to deficiency in service.  Those documents are highly necessary to cancel the HP from the RC of the vehicle and for the resale of vehicle. The delay in issuing the said documents will cause loss to a party who is intending to sell his vehicle since the price of a second-hand vehicle will be diminished in the used vehicles market day by day.

            Therefore the complaint is allowed and opposite party is directed to issue an HP Termination Letter in Form 35 and No Objection Certificate for the transfer of the vehicle in respect of vehicle bearing No.KL-14/D9510 within 30 days from the date of receipt of copy of the order to the complainant along with a compensation of Rs.20,000/-.  The opposite party further directed to pay Rs.2500/- towards the cost of these proceedings. If opposite party failed to issue NOC and HP Termination within the time aforementioned then on application by the complainant the concerned registering authority will be directed to cancel the HP endorsement from the RC of the vehicle KL-14/D 9510.

     Sd/-                                                Sd/-                                                            Sd/-

MEMBER                                           MEMBER                                                       PRESIDENT

Exts.

A1.Photocopy of RC

A2.28-07-07 copy of Payment details.

A3.22-10-08 copy of lawyer notice.

A4.Postal acknowledgement card.

     Sd/-                                                Sd/-                                                           Sd/-

MEMBER                                           MEMBER                                                       PRESIDENT

Pj/

                                                                                    Forwarded by Order

                                                                              SENIOR SUPERINTNDENT