By Smt. Rajani.P.S, Member:
The complainant’s case is as follows: The complainant had purchased a Lancer model car having Reg.No.KL-54/A-2425 as on 10.9.08. The complainant is the RC owner of the vehicle. The complainant had entered into a hire purchase agreement with the respondent for the purchase of the said vehicle and had paid the hire purchase instalments properly without any default till the end of 2009. The complainant is also ready to pay the future instalments. But the respondents orally demanded to pay Rs.50,000/- stating that the respondent has enhanced interest rates on the hire purchase loan amount. The respondent has no right to enhance the interest rates once the hire purchase agreement was entered into previously. The complainant denied to pay the amount stating that if they require the said amount they should issue a receipt which the respondent denied to issue. The respondent further stated that till the amount of Rs.50,000/- is not paid for which no receipt will be issued any, further payment of hire purchase instalment would be credited to the above said purpose and no receipt will be issued due to which the complainant is unable to pay the hire purchase instalments. Now the respondent has threatened to seize the vehicle using muscle power and money power. The respondent has no right to extract unlawful money or to repossess his vehicle unlawfully. Due to the act of the respondent the complainant has suffered mental agony. Hence the complaint.
2. The respondent is called absent and set exparte.
3. To prove the case of the complainant he filed affidavit.
4. According to the complainant he had entered in a hire purchase agreement with the respondent for the purchase of a Lancer car having Reg. No.KL-54/A-2425 and had paid the instalments properly without any default till the end of 2009. He is also ready to pay the future instalments. But the respondent orally demanded to pay Rs.50,000/- stating that the respondent has enhanced interest rates on the hire purchase loan amount. The complainant denied to pay the amount stating that they should issue receipt for the said amount. But the respondent denied to issue receipt and stated that till the amount of Rs.50,000/- is not paid further payment of hire purchase instalment would be credited to the said amount and no receipt will be issued. Hence the complainant is unable to pay the hire purchase amount. The respondent has also threatened to seize the vehicle.
5. There is no evidence to the contrary.
6. In the result the complaint is allowed and the respondent is restrained from repossessing the vehicle having Reg.No.KL054/A-2425 forcefully and directed to issue receipts for the remittances made by complainant towards the Hire Purchase agreement and pay Rs.2500/- (Rupees two thousand and five hundred only) as compensation for the mental agony with costs Rs.500/- (Rupees five hundred only) within two months 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 11th day of May 2011.
