By Sri. Chandran Alachery, Member:

The complaint filed under section 12 of the Consumer Protection Act for an order to direct the Opposite Party No.1 to give No Objection Certificate to cancel the hire purchase endorsement in the R.C. Book of Motor cycle KL 12A 7714 and an order to direct the Opposite Party No.3 to cancel the endorsement in the R.C. Book.

2. The case of the complaint in brief as follows:- The Complainant took a vehicle loan of Rs. 35,000/- from the the Opposite Party No.1 for his Motor cycle bearing registration No.KL 12 7714 by entering into a hire purchase agreement with the Opposite Party No.1 Opposite Party No.2 was the agent of Opposite Party No.1, having office at Jijo Building, Opposite Civil Station, Kalpetta North. The Complainant executed the agreement at the office of the Opposite Party No.2 at Kalpetta. As per the agreement, the Complainant had to pay Rs.35,000/- in installments and the loan was endorsed in the R.C book of the Motor Cycle bearing registration No.KL 12A 7714.

3. The Complainant started paying the installments and he completed the payments within the time granted by the Opposite Party No.1. The Complainant had paid all the hire purchase amounts, interests and dues to the defendant No.1 in the year 2003 itself and at that time Opposite Party No.1 had informed the Complainant that the hire purchase endorsement on the registration certificate will be cancelled by the Opposite Party No.1 as agreed earlier. The Complainant enquired about the same many times to the 1^st Opposite Party and the RTO Wayanad and Opposite Party No.1 and 2 undertook that the same will be cancelled at their risks and cost.

4. On receipt of complaint, notice were issued to Opposite Parties No.1 to 3. Notice to Opposite Party No.1 is served on 06.05.2013. The notice to Opposite Party No.2 is returned stating that there is no such addressee in given address there. Thereafter paper publication is produced by the Complainant against Opposite Party No.2 by the complainant on 31.10.2013 and not appeared and hence Opposite Party No.1 and 2 were set exparty on 31.10.2013. The Opposite Party No.3 appeared and filed version. The Opposite Party No.3 stated that they did not receive any application from Complainant to cancel the hire purchase loan endorsement in the R.C book and stated that on receipt of such an application with sufficient records Opposite Party No.3 will consider it.

5. On verifying the complaint, affidavit and documents submitted by the

Complainant and the version of Opposite Party No.3 the Forum raised the following points for consideration.

1. 1. 1. Whether there is any deficiency of service from the part of Opposite Party No.1 to 3?

      2. What order as to cost ?

6. Point No.1:- To prove the case of the Complaint, the complainant produced affidavit and stated as stated in the complaint and produced Ext.A1 and A2. Ext.A1 is the photocopy of R.C book and Ext. A2 is the lawyer notice issued by the Complainant to Opposite Party No.1 prior to the institution of this complaint. On perusal, it is evident that there is an endorsement of hire purchase in the R.C. Book. In order to cancel the hire purchase endorsement, despite oral demands the Complainant send a lawyer notice to the Opposite Party No.1 and the same is proved by Ext.A2. The Opposite Party No.1 is not responded to the lawyer notice. The Opposite Party No.1 did not appear before the Forum to answer the complaint. So it is evident that there is deliberate latches on the part of Opposite Party No.1 in issuing no objection certificate to the Complainant. The Complainant clearly stated that he had paid the entire instalment amounts as per chart to the Opposite Party No.1. There is nothing to disbelieve the statement of Complainant unless and until contrary evidence is produced by the Opposite Parties. Therefore the Forum reached to a conclusion that there is deficiency of service on the part of Opposite Party No.1. The Opposite Party No.2 is only an agent of Opposite Party No.1. Absolutely there is no deficiency of service on the part of Opposite Party No.3, since they did not receive any application to cancel the hire purchase endorsement in the registration certificate. Point No.1 is found accordingly.

7. Since Point No.1 is found against Opposite Party No.1, the Complainant is entitled for no objection certificate and the cost of the proceedings and Opposite Party No.1 is liable to pay compensation. Point No.2 is also found accordingly.

In the result, the complaint is partly allowed. The Opposite Party No.1 is directed to give no objection certificate to cancel the hire purchase endorsement in the R.C book of the Motor cycle bearing registration No.KL 12A 7714 to the Complainant and the Opposite Party No.3 is directed to cancel the hire purchase endorsement in the R.C book on receipt of no objection certificate and cancellation application from the Complainant. The Opposite Party No.1 is directed to pay Rs.1,000/- (Rupees One thousand) only as cost of the proceedings to the complainant. The Opposite Party No.1 shall comply the order within 20 days from the date of receipt of this order and the Opposite party No.3 shall comply the order within 20 days from the date of receipt of no objection certificate and connected documents.

Dictated to the C.A transcribed by him and corrected by me and pronounced in the Open Forum on this the 31^st day of January 2014.

Date of filing:18.04.2013.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

/True copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

A P P E N D I X

Witness for the Complainant:

Nil.

Witness for the Opposite Parties:

Nil.

Exhibits for the Complainant:

A1. Copy of Form of Certificate of Registration.

A2. Copy of Lawyer notice. dt:02.10.2012.

Exhibits for the Opposite Parties:

Nil.