By Sri.M.S.Sasidharan, Member The averments in the complaint is as follows: The complainant has entered into hire purchase agreement with the respondents in respect of his Bajaj Discover Motor cycle No.KL8/AD-3072. At the time of agreement the respondents collected paper and stamp papers duly signed by the complainant. The complainant also given 36 cheques for Rs.1651/- each by writing different dates. The complainant had remitted the monthly instalments regularly. But due to financial difficulties some of the cheques were dishonoured and the complainant paid them directly in the respondent firm. Accordingly the complainant approached the respondent firm to remit the instalment amount for 2006 June and August 2007 at Rs.1,651/- each. But he was told to remit Rs.10,900/- including interest. The complainant has remitted all the other instalments except the two instalments amounting to Rs.3,301/-. As the complainant has questioned the illegal collection of excess amount the respondent did not remit the insurance amount in respect of the vehicle and also tried to seize the vehicle by force. Hence the complaint. 2. The respondents are called absent and set exparte. 3. The complainant has produced 10 documents to prove his case and they are marked as Exhibits P1 to P10. 4. The case is that he given 36 cheques to repay the monthly instalments and was paid the monthly instalments regularly. But due to financial difficulties some of the cheques were dishonoured and he paid that amount directly. When the complainant approached the respondents office to remit the two defaulted instalments at Rs.1651/- each he was informed to pay Rs.10,900/- including penal interest. The complainant did not pay it. As he questioned the way of levying illegal excess amount the respondents are trying to take vengeance on him and trying to seize the vehicle by force. 5. There is no evidence to the contrary. 6. In the result the complaint is allowed and the respondents are directed not to seize the vehicle forcibly and to deliver the Registration Certificate book, Insurance Certificate, No Objection Certificate and the documents pertaining to cancellation of hire purchase agreement to the complainant. The respondents are further directed to pay Rs.2,500/- (Rupees Two thousand and five hundred only) as compensation within a month. Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 31st day of December 2009.
| | HONORABLE Rajani P.S., Member | HONORABLE Padmini Sudheesh, PRESIDENT | HONORABLE Sasidharan M.S, Member | | 
