<br /> <br /> <br /> By SRI.K. VIJAYAKUMARAN, PRESIDENT.<br /> <br /> This is a complaint seeking a direction to the opp.party to issue non-liability certificate and R.C. Book of the vehicle bearing Reg.No.KL-2/K9755 with compensation and costs.<br /> <br /> <br /> The averments in the complaint can be summarized as follows:<br /> <br /> <br /> One Basheer was the registered owner of the motor cycle bearing Reg.No.KL-2/K9755 from whom . The complainant purchased the vehicle by way of sale agreement. The registered owner has availed a loan from the 1st opp.party in respect of the above said Motor Cycle which was to be repaid in 30 equal instalments at the rate of Rs.1360/- The complainant remitted the entire amount and the last instalments was paid on 20.9.2003 by D.D. No.373818 dated 20.9.2003 of Federal Bank, Kollam Branch. The draft were entrusted were the 2nd opp.party who is the authorized agent of the 1st opp.party.. After repaying the entire loan amount the complainant approached the opp.party for the return of the R.C. Book and Non Liability Certificate. But the same were not given. Thereafter a notice was issue , it was accepted by the opp.party inspite of it’s the R.C. book and the non-liability certificate were not issued and hence the complaint.<br /> <br /> The st opp.party remained absent and set exparte. The 2nd opp.party though appear and filed version subsequently remained absent and hence was set exparte. Thereafter the complainant was examined as PW.1 and PW.2 and Ext. P1 to P5 were marked.<br /> <br /> <br /> Points that would arise for consideration are:<br /> 1. Whether there is deficiency in service on the part of the opp.parties.<br /> 2. Reliefs and costs.<br /> <br /> <br /> Points:<br /> <br /> The complainant has stated that he has brought the motor cycle bearing Reg.No.KL-2/K9755 from DW.2 as per Ext.P1 and is in possession of the same. The amount as per the hire purchase agreement in respect of the vehicle were completely paid by him. Evidenced by Ext.P2 copy of passbook, Ext.P3 receipts issued by the opp.parties. The case of the complainant is that after paying the entire amount as per the agreements the first opp.party did not give the R.C. book or issued a non objection certificate in respect of the motor cycle kept by them. Even though he paid the loan amount as per the agreement completely. Therefore Ext.P4 notice was issued which were accepted by both the opp.parties evidenced by P5[a] and P5 [b] .<br /> <br /> It is pertinent to note that the 1st opp.party who has received the entire the hire purchase agreement has not returned the R.C. book and No objection Certificate. Naturally he would appear before this forum and contesting the matter from the none appearance of the first opp.party. It is obvious that no amount under the Hire Purchase Agreement is due to in respect of the above vehicle . The conduct of the first opp.party shows that there is gross deficiency in service on their part. Which is also unfair trade practice from the evidence now before us. We hold that the complainant is entitled to get back the R.C. book and NO Objection Certificate from the first opp.party. Point found accordingly.<br /> <br /> In the result the complaint is allowed, directing the first opp.party to return the R.C. book and issue No objection Certificate to the complainant. The first opp.party also directed to pay Rs.5,000/- as compensation and Rs.1,000/- as cost. The order is to be complied with within one month from the date of this order.<br /> <br /> <br /> <br /> Dated this the 24th day of July, 2008.<br /> <br /> I N D E X<br /> <br /> List of witnesses for the complainant<br /> PW.1. – Shahul Hameed<br /> PW.2. – Edava Basheer<br /> <br /> List of documents for the complainant<br /> P1. – Sale receipt<br /> P2. – Endorsement book<br /> P3. – Receipt and agreement<br /> P4. - Advocate notice<br /> P5. – Acknowledgement card<br />