By Smt. Rajani.P.S, Member: The complainant’s case is as follows: The complainant has entered into a hire purchase agreement with the respondent in respect of his Bajaj CT 100 DX vehicle. At the time of agreement the respondent collected 36 cheques for Rs.1352/- each and also two other blank cheques. The complainant remitted Rs.52,672/- in total towards the hire purchase amount instead of Rs.48,672/-. The respondent informed that the cheque No.161226 was dishonoured and the complainant was told to remit Rs.5700/- as fine and due to the threatening by the respondent the complainant was forced to remit Rs.639/-. Besides this the cheque numbered 161229 was dishonoured due to insufficient fund and he was informed to remit Rs.700/- as fine. The respondent has no right to collect such an excess amount. Besides this on 3.8.2007, a claim amount of Rs.5395/- which was allowed by the respondent was adjusted towards the instalments of 29, 30 and 31 without the knowledge and consent of the complainant. The complainant was also made to believe that when the last four instalments are remitted together the respondent will avoid the penal interest and upon this belief he remitted the last four instalment amounts together on 26.1.2007. An amount of Rs.92/- was imposed as fine at this time. At the time of taking the hire purchase the respondent taken Rs.500/- towards RC/TC book deposit and it was told that the said amount will be refunded during the closing of the hire purchase. But it was not returned. The respondent had taken Rs.5931/- as excess and also failed to return the cheques. Hence the complaint. 2. The respondent is called absent and set exparte. 3. To prove the case of the complainant, he has filed an affidavit and the documents produced by him are marked as Exts. P1 to P6. 4. According to the complainant, he had given 36 cheques to pay the monthly instalments towards the hire purchase agreement and that amount was paid. But the respondent informed the complainant that two cheques numbered 161226 and 161229 were dishonoured and he was forced to pay Rs.639/- and Rs.700/- respectively. The fine imposed by the respondent is exorbitant and the respondent has no right to collect such an excess amount. Besides this the claim amount of Rs.5395/- was adjusted towards the instalments of 29, 30 and 31 without giving any intimation to the complainant. A fine of Rs.92/- was also imposed by the respondent. The deposited amount for RC/TC book also not returned and the dishonoured cheques also not returned. 5. There is no evidence to the contrary. 6. In the result, the complaint is allowed and the respondent is directed to return Rs.5931/- (Rupees five thousand nine hundred and thirty one only) with interest at the rate of 12% per annum from the date of acceptance till realization and to return 9 cheques mentioned and Rs.500/- (Rupees five hundred only) as cost to the complainant within one month from the date of receipt of copy of this order. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 25th day of March 2010.
| | HONORABLE Rajani P.S., Member | HONORABLE Padmini Sudheesh, PRESIDENT | HONORABLE Sasidharan M.S, Member | | 
