An interesting case.

Recently an interesting case has come up before the RTO. This is illuminating and interesting and informative.

A lorry owner who owns a lorry registered at Tirunelveli has approached the RTO in the area where he resides for cancellation of H.P.Termination for his Tirunelveli Registered vehicle. The RTO promptly returned the application with the endorsement to submit his application before RTO Tirunelveli because the hire purchase agreements generally get terminated with the original Registering Authority.

The owner who went to RTO Tiruneveli has returned with the endorsement that the hire purchase agreement has to be terminated with the last registering authority.

There is another problem in this case. The form 35 was not signed by the financier.
The financier has refused to sign stating that the owner still owes dues. But the owner has filed a petition before District Munisif and got an order of mandatory injunction that the financier has no dues to be settled as per the accounts produced and if he fails to discharge his obligation by not sigining the form, the RTO can cancel the h.p. agreement even without the signature of the financier in view of the fact that the dues has been settled.

This is one of the reasons why RTO Tirunelveli has hesitated to cancel the same.

Now the ball is in the court of RTO and he wants to decide the case. His request for the opinion from the Government Pleader is in favour of the owner.

When the note from the office was circulated to RTO , the RTO wrote inthe note as follows.

1. In view of the District Munisif's order there is no need for the financier signature in the form 35.

2. Central Motor Vehicles' Rules allows the last Registering Authority to cancel the hire purchase agreement .

So the relilef needed by the owner of the lorry has been given.