By Smt. Saji Mathew, Member<br /> The gist of the complaint is as follows:<br /> The complainant has purchased a Bajaj Motor cycle from the 1st opposite party paying<br /> Rs.5,685 /-as the initial payment. He paid the remaining amount of Rs.43,920/- by taking loan from the second opposite party on 24.9.05. The complainant has to repay the loan amount by 24 monthly installments of Rs.1,830/-each. He has remitted the entire loan amount within the prescribed time. He also remitted an excess installment by mistake. The opposite party has not <br /> Contd.......2)<br /> 2.<br /> returned that installment. The complainant has sent a lawyer notice demanding the return of original RC Book and 8 cheque leaves, loan clearance letter, spare key and Rs.1,830/-. But no response from the opposite party. Hence the complainant prays for an order directing the 2nd opposite party to return the original RC Book, 8 cheque leaves, loan clearance letter, spare key and Rs.1,830/- to the petitioner and the cost of the petition.<br /> <br /> 2. The 1st opposite party appeared and filed version. The 2nd opposite party was set exparte. The 1st opposite party's version is that they have no role in the arrangement or repayment of the loan. The loan transaction is between the complainant and the 2nd opposite party. The 1st opposite party was unnecessarily dragged to litigation and hence 1st opposite party prays for an order dismissing the complaint and allowing compensatory cost to the 1st opposite party. The complainant was examined as PW1. Documents were marked as Ext.A1 to Ext. A5. 1st opposite party has not adduced any evidence.<br /> 3. The issues in consideration are as follows:<br /> 1) Whether there is any deficiency in service on the part of the opposite parties?<br /> 2) Whether the complainant is entitled for any relief.<br /> <br /> 4. On perusing the documents Ext. A1 and A3 it is found that only 23 installments were remitted by the complainant. The hypothication agreement or payment chart is not produced. But the complainant himself has stated that there were 24 installments for the loan and he has remitted 25 installments by mistake. The documents show that the installments were not paid fully. Without paying the loan completely, the opposite party can not issue loan clearance certificate. So the point No.1 is found against the complainant.<br /> <br /> 5.Point No.2: Since there is no deficiency in service on the part of the opposite parties, <br /> Contd......3)<br /> 3<br /> the complainant is not entitled for any relief.<br /> Hence the petition is dismissed.<br /> Pronounced in the open Forum on the day of 30th June, 2008.