By Sri. P. Raveendran, Member<br /> Complainant filed u/s 12 of the Consumer Protection Act.<br /> <br /> Brief of the complaint is that, the complainant has purchased a 2000 Model Suzuki Fiero Motor Cycle from the 2nd opposite party in exchange of his 1993 model Hero Honda Motor Cycle on 26.5.2002. On the same day 2nd opposite party and the complainant entered into an agreement, setting forth the details of transactions in writing. As per the terms of the agreement the complainant has to handover his 1993 model hero Honda Motor Cycle and Rs.26,250/- to the 2nd opposite party and 2nd opposite party has to handover the Suzuki Fiero Motor Cycle to the complainant. Out of the said amount an amount of Rs.20,000/- has to be obtained by the 2nd opposite party by way of <br /> Contd........2)<br /> 2<br /> Hire purchase for the vehicle of complainant. Towards the balance consideration is Rs.6,250/-, an amount of Rs.3,250/- paid on the date of agreement and another Rs.3,000/- was paid to the 2nd opposite party as per the terms of the agreement in time. Accordingly the 2nd opposite party had arranged and obtained the loan amount from 1st opposite party. All the documents executed in blank by the complainant at the office of 3rd opposite party at Kalpetta. The 3rd opposite party collected the original RC Book, Two cheque leaves having numbers 57822 and 57823 of the Madakkimala Service Co-operative Bank, blank stamp papers, blank pro notes and agreement at the time of granting Hire purchase facility. As per the agreement the hire purchase amount of Rs.20,000/- has to be repaid in 20 installments. The amount fixed for each installment was Rs.1,490/- each and accordingly 1st opposite party issued a chart for repayment to the complainant through 3rd opposite party. The complainant has remitted entire amount with interest in time. 1st opposite party had collected excess amount from the complainant. The complainant has to pay only Rs.29,800/-. But 1st opposite party collected Rs.31,330/- from the complainant. 2nd opposite party, without the consent of the complainant, has availed Rs.20,500/-.as hire purchase amount instead of Rs.20,000/-. Therefore, 2nd opposite party is liable to return Rs.500/- with interest. The act of opposite parties amounts to deficiency in service on their part. Hence the complainant prayed to pass an order against the opposite parties in favor of the complainant.<br /> <br /> 1.Directing the 1st opposite parties to pay a sum of Rs.2,330/- being the excess amount collected from the complainant.<br /> 2.Directing the 1st opposite party to furnish the original RC book two blank cheque leaves, blank stamp papers along with No Objection Certificate.<br /> 3. Directing the opposite parties to pay a sum of Rs.891/-,Rs.2,500/-as compensation and Rs.500 as cost of the complaint.<br /> <br /> Contd........3) <br /> 3.<br /> 2. Notices were sent to the opposite parties. Notices sent to 1st and 3rd returned stating that they unclaimed the notices. Notice to the 2nd opposite party was served and he appeared in person before the Forum once. But no version is filed.. Opposite parties 1 to 3 were set exparte after giving sufficient time to file counter.<br /> <br /> 3. The points that arise for consideration are:<br /> (1) Whether the opposite party has committed any deficiency in service? <br /> (2) Whether the opposite party have committed any unfair trade practice. ?<br /> 3) Relief and cost.<br /> <br /> 4. To prove complainant's case, the proof affidavit of the complainant is filed. Ext. A1 to A3 were marked. Ext. A1 is the chart book for repayment for vehicle No.KL-11K-7877 issued by OP.No.1. As per the above chart the complainant has to repay the loan amount by remitting Rs.1,490/- each by 20 installments starting from 29-6-02 to 29-1-04. On perusing the first four entries in Ext. A1 it is revealed that the complainant has remitted Rs.6,000/-. On perusing Ext.A2 and Ext. A3 it is seen that the complainant has paid Rs.25,860 from October 2002 to December 2003. It is clearly proved that the complainant has remitted Rs.31,860/- to the 1st opposite party with in time. Hence it is proved that the complainant has not only cleared the installments but also he has remitted some excess payment. It is affirmed that 1st opposite party has not returned the RC Book of the vehicle and other documents obtained from the complainant at the time of signing the Hire purchase agreement. Hence we found that the opposite parties have committed unfair trade practice; and there is deficiency in service on the part of opposite parties.<br /> <br /> 5.The complainant forced to approach this Forum to get back the RC of the vehicle and other documents from 1st opposite party after remitting the entire amount. Hence he is entitled to get the cost of the complaint.<br /> 4<br /> 6. In the result the complaint is partly allowed and 1st opposite party is directed to pay Rs.2,330/-(Rupees Two thousand three hundred and thirty only) to the complainant being the excess amount collected from the complainant and to give back the original RC. Book of the vehicle, two blank cheque leaves, blank stamp paper along with no objection certificate of the vehicle. 1st opposite party is also directed to pay Rs.500/- (Rupees Five hundred only) as cost to the complainant.<br /> The order is to be complied with in one month from the date of order.<br /> <br /> Pronounced in the open Forum on the day of 18.6.2008.