By Smt. Saji Mathew, Member:

The gist of the case is as follows.

          The Complainant had purchased a Bajaj Pulsar Motor Cycle No. KL 12/B 9743 from the 2^nd Opposite Party. The 2^nd Opposite Party had arranged a loan from the 1^st

Opposite Party which is a brother concern of 2^nd Opposite Party. Though the price of the bike was around Rs.47,500/ the Complainant has spent more than 72,000/- towards the

bike. He has paid an amount of Rs.2,500 on 14.12.2004 as advance and Rs.15,472/- on 15.12.2004 towards sale consideration. For the balance amount of Rs.49,000/- a loan

was arranged from the 1^st Opposite Party for which the total interest was calculated as Rs.14,576/- which was paid by the Complainant by the 9^th instalment ie on 15.9.2009. The

1^st opposite party has collected 11 cheques each for the amount of Rs.1,766 ie up to 15.11.2006 through bank. After that as per the direction of 2^nd Opposite Party, the

instalments were paid to the 2^nd Opposite Party, for which receipts were issued by the 1^st Opposite Party. The Complainant had paid the last instalment on 18.12.2007 and by that

time the Opposite Party has received excess amount towards interest which the Opposite Party is not legally entitled to receive. Even then, when the Complainant asked for the

loan clearance certificate and the cheque leaves, the 1^st Opposite Party issued a frivolous calculation statement through the 2^nd Opposite Party demanding Rs.19,922/-. The

Opposite Party has also collected Rs.4,854/- as processing charges. For the lawyer notice sent by the Complainant, the 1^st Opposite Party made no reply and the 2^nd Opposite

party sent reply stating flimsy grounds. There is deficiency in service on the part of the Opposite Party and the peaceful enjoyment of the vehicle is restricted by the acts of the

Opposite Parties. So, the Complainant is praying for an order directing the Opposite Party to return the cheque leaves which are still in possession of opposite party and blank

signed papers along with loan clearance certificate and to pay a compensation of Rs.50,000/- and other costs.

2. The 1^st Opposite Party was set exparte. The 2^nd Opposite Party appeared and filed version. The 2nd Opposite Party deny that the loan is arranged through them. There is no connection between the 1st and 2nd Opposite Parties. The 2^nd Opposite Party has received the price of the vehicle and delivered the vehicle to the full satisfaction of Complainant. No payment to the alleged loan is made to the 2nd Opposite Party. The 2nd Opposite Party is unnecessarily made party in the Complainant just to fix jurisdiction in Wayanad District. So, the 2nd Opposite party prays for an order dismissing the complaint.

3. The Complainant was examined as PW1 documents were marked as Ext.A1 to Ext.A5. The 2^nd Opposite Party was examined as OPW1. No documents marked on the side of Opposite Parties. 

4. The matters to be decided are as follows.

1. Whether there is any deficiency in service on the part of the Opposite Parties?

2. Whether the Complainant is entitled for any relief?

5. Point No.1:- Ext.A5 is the customer statement issued by the Opposite Parties regarding the Complainant. It shows that including the financed amount of Rs.49,000/- and financial charge Rs.14,576 and processing charge Rs.4,854/-, the total payable amount by the Complainant is Rs.63,576/-. Instalment arrears as shown as Rs.98/-. A penalty of Rs.278/- is shown as paid by the Complainant. The entire instalments were paid by the Complainant on 18.12.2007. Ext.A2 series also show that the entire 36 instalments were paid by the Complainant. The last instalment date is 15.12.2007. The further demand for Rs.20,000/- made by the Opposite Party is as penal charge. As the full amount is paid only 3 days after the last instalment date, the Opposite Party has no right to claim such a large amount. Hence, the point No.1 is found against the Opposite Party.

6. Point No.2:- It is clear from Ext.B5 that interest for the amount of Rs.49,000/- at the rate of 9.90 is calculated and added to the financed amount. The total amount is divided into 36 instalments. The interest for the total financed amount for the entire period is calculated and charged by the 1^st Opposite Party within the period from 15.1.2005 to 18.12.2007. So the Opposite Party is not legally entitled to collect any further amount from the Complainant. The Complainant is entitled to get the loan clearance certificate from the Opposite Party. Ext.B5 shows that cheques from No. 792026 to No. 792050 are returned having insufficient funds. Having collected the entire agreement amount, the 1^st Opposite Party has to return all the cheque leaves from No. 792026 to No. 792050 total 25 leaves.

Hence, the 1^st Opposite Party is directed to issue loan clearance certificate to the Complainant. The Opposite parties also have to return the cheque leaves from No.792026 to No.792050 ( total 25 in number) to the Complainant the Opposite Parties have to comply with the order within 30 days of this order. No order as to cost or compensation.

Pronounced in open Forum on this the day of 30^th January 2009.

PRESIDENT: Sd/-

MEMBER- I: Sd/-

MEMBER-II: Sd/-

A P P E N D I X

Witnesses for the Complainant :

PW1. Unneenkutty Complainant

Witnesses for the Opposite Party :

OPW1. Harikumar Sales Manager, K.V. R Motors Wayanad.

Exhibits for the complainant :

A1.Series Receipts(2 in numbers) dt. 14.12.2004

A2. Receipts(9 in numbers) dt. 9.01.2006

A3. Copy of lawyer Notice and

acknowledgement card dt. 20.02.2008

A4. Reply Notice dt. 10.03.2008

A5. Customer Statement dt. 15.12.2004

Exhibits for the Opposite Party :

Nil.