RAJESH SINGHAVI Vs. M ABDUL KHADER

JUDGEMENT

(1.) HEARD the learned Counsel for the appellant. Questioning the correctness of the finding recorded by the District Forum, Malappuram in OP 116/02 that "it is an admitted fact that the entire dues are paid before the due date" learned Counsel for the appellant submitted before us that from the very allegations made in paragraph 2 of the complaint itself it is clear that default was committed by complainant/respondent in making payment of 4 monthly instalments fell due on 27.9.2001, 29.10.2001, 27.11.2001 and 27.12.2001 (four instalments payable) and hire purchase agreement entered into between the parties) and that very fact rendered the order passed by the Forum below unsustainable. Counsel submitted that nowhere in the written version appellant admitted that rent payable under the hire purchase agreement was paid on the respective due dates and the lower Forum proceeded on a wrong premise.

(2.) BY passing the impugned order the Forum below allowed the complaint and directed the opposite party/appellant to issue clearance certificate to the complaint in respect of KL -01 -C -3920 within three weeks from the date of receipt of the copy of "the order failing which on the request of the complainant a copy of this order will be communicated to the RTO, Malappuram who on receipt of the copy of this order will cancel the endorsement in respect of KL -01 -C -3920 in favour of opposite party".

(3.) IT is the common case of the parties that the parties to OP 116/02 entered into a hire purchase agreement in respect of hiring of vehicle bearing No : KL -01 -C -3920 by the appellant to the complainant/respondent and the hirer is the complainant and the owner is the appellant herein.