By Smt. C.S. Sulekha Beevi, President,
1. Complainant availed a vehicle loan of Rs.26,500/- from opposite party for the purchase of a motor bike (No.KL10/W 9582) for his own use. The loan was to be repaid in 30 instalments of Rs.1,245/- each. The final instalment was payable in February, 2008. Complainant repaid the entire loan and thereafter requested to issue the hire purchase termination letter. Opposite party demanded rs.2,500/- as additional amount. Complainant is not liable to pay any further amount to opposite party. Hence this complaint alleging deficiency in service.
2. Notice issued to first and second opposite parties were served. They remained absent and did not file any version. First and second opposite parties were set exparte on 03-4-2009. Supplemental third opposite party was impleaded as per orders in I.A.340/09. Though notice was served to third opposite party no version was filed by third opposite party and also remained absent. Th rid opposite party was set exparte on 01-10-2009.
Complainant filed proof affidavit reiterating the averments in the complaint. Ext.A1 to a4 was marked on his behalf. Ext.A4 which is the account statement issued by opposite party shows that complainant has repaid the entire amount towards the loan. The balance of Rs.2,504/- is claimed by opposite party towards delay days interest, (Rs.1,245/-) cheque bouncing charge (Rs.300/-) and interest upon the above balance (Rs.959.33). It is seen that only one cheque had bounced which was immediately paid by complainant by cash. The days of delay are not proved by opposite party by adducing any evidence. Complainant has proved and established that he has repaid the entire loan availed. He is definitely entitled to the issuance of hire purchase termination letter by opposite party. The failure to issue such termination letter even after repayment of loan is deficiency in service. We find opposite party deficient in service. We hold that complainant is entitled to hire purchase termination letter which will be adequate relief to the complainant.
4. In the result we allow the complaint and order first opposite party to issue the hire purchase termination letter to the complainant in regard to the vehicle KL10/W 9582 within one month from date of receipt of copy of this order, failing which on request made by complainant a copy of this order will be communicated to the third opposite party who shall cancel the endorsement in the Registration certificate, of the vehicle KL10/W 9582 standing in favour of first opposite party. There is no order as to costs.
Dated this 22nd day of October, 2009.
Sd/- C.S. SULEKHA BEEVI, PRESIDENT
Sd/- MOHAMMED MUSTAFA KOOTHRADAN, Sd/- MEMBER E. AYISHAKUTTY, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Ext.A1 to A4 Ext.A1 : Photo copy of the Certificate of Registration in respect of vehicle No.KL10/W 9282. Ext.A2 : Receipt for Rs.1,600/- dated, 21-01-2008 from opposite party to complainant. Ext.A3 : Photo copy of the statement of account for the period from 18-10-2005 to 17-10-2008 Ext.A4 : Computer print of statement of account from opposite party to complainant. Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Nil
Sd/- C.S. SULEKHA BEEVI, PRESIDENT
Sd/- MOHAMMED MUSTAFA KOOTHRADAN, Sd/- MEMBER E. AYISHAKUTTY, MEMBER
......................AYISHAKUTTY. E
......................C.S. SULEKHA BEEVI
......................MOHAMMED MUSTAFA KOOTHRADAN | | 
