By. Sri. Jose. V. Thannikode, President:
The complaint filed U/s 12 of the Consumer Protection Act to get the No Objection Certificate from Opposite party No.2 to cancel the Hypothecation endorsement in the Registration Certificate and to pay cost and compensation sustained due to deficiency of service from opposite parties.
2. Brief of the complaint:- The complainant availed a loan from opposite party No.2 for his vehicle bearing Registration No. KL 11 C 8676. Altogether the complainant is to repay an amount of Rs.1,17,000/- including interest by 20 EMI @ Rs.4,200/- and 10 EMI @ Rs.3,300/- within 28.08.2008. The complainant repaid the entire amount within 22.08.2008 with some nominal delay in EMI's. Anyway within 22.08.2008 the complainant repaid Rs.1,17,000/- to opposite party No.2.
3. After the payment the complainant approached the opposite Parties No.1 & 2, requesting to issuing Clearance Certificate. But Opposite party No.1 & 2 refused it and asked the complainant to remit an amount of Rs.20,000/- towards additional interest. Hence the complainant filed the complaint in the Forum to direct the opposite parties to issue No Objection Certificate for cancel the Hypothecation endorsement and pay Cost and compensation.
4. Complaint filed on 07.03.2012, Notices were served to opposite parties and Opposite party No.2 appeared and filed version. Opposite party No.1 is struck off by the complainant. Opposite party No.3 that is the Supplementary Opposite party is set ex-parte on 04.01.2013.
5. Opposite party No.2 filed version stating that the complainant had agreed to make repayment of the finance installments without fail, and in the event of default in payment of installments, agreed to make payments with default interest at the agreed rate and further stated that the complainant was a chronic defaulter in making the repayments. The final date of payment of the amount as per the chart given to the complainant was 28.08.2008. On that date there is a balance of Rs.10,437/- as additional finance charges and complainant liable to pay future interest also and also stated that the complaint is barred by limitation and the complaint lacks territorial jurisdiction. In these circumstances the opposite party No.2 submitted that the complaint may be dismissed with the cost of the opposite party No.2.
6. On considering the complaint, version, chief affidavit, documents, depositions and arguments the following points are to be considered:-
1. Whether there is any deficiency in service on the part of the opposite parties?
2. Relief and Cost.
7. Point No.1:- The complainant filed chief affidavit in addition to the complaint and he has stated as stated in the complaint and he produced Exts. A1 to A5 documents. Ext.A1 is the Chart issued by the opposite party No.2 which shows a specific date for each EMI and the amount. Ext.A2 is the Copy of Registration Certificate of the complainant. Ext.A3 and Ext.A4 series 21+2 in numbers are the receipts for the payments, which shows altogether the complainant repaid Rs.1,17,000/- within 22.08.2008. Ext.A5 is the copy of the Registration Certificate in which the Hypothecation endorsement is made.
8. On going through the complaint, affidavit, version, depositions and arguments we are in the opinion that after receiving all the dues amount within the stipulated period, non issuance of Clearance Certificate is the deficiency of service from the part of opposite party No.2. Even though the opposite party No.2 calculated the interest for the entire amount for the entire period, the complainant remitted all the EMI's with a nominal delay that the date stipulated in the chart.
9. Hence we are in the opinion that the non issuance of Clearance Certificate even after receiving the entire amount within the stipulated period is the deficiency of service from the part of the opposite party No.2. The Point No.1 is found accordingly.
10. Point No.2:- On the above findings the complainant is entitled to get the No Objection Certificate for cancellation of Hypothecation endorsement in the Registration Certificate and also entitled to get Rs.1,000/- as cost and compensation. The Point No.2 is decided accordingly.
In the result the complaint is partly allowed and opposite party No.2 is directed to give No Objection Certificate for cancellation of Opposite party No.2's Hypothecation endorsement in the complainant's Registration Certificate and opposite party No.2 is also directed to give Rs.1,000/- (Rupees One Thousand) only to the complainant as cost and compensation. This Order must be complied by the opposite party No.2 within one month from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 31st day of October 2013.
Date of Filing:07.03.2012.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Moidu. Complainant.
Witness for the Opposite Parties:
Nil.
Exhibits for the complainant:
A1. Chart.
A2. Copy of Registration Certificate.
A3(Series). Payment Receipts (21 Nos)
A4(Series) Copy of Demand drafts.
A5. Copy of Registration Certificate's Page No.24 & 25.
Exhibits for Opposite Parties.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
