By Smt. C.S. Sulekha Beevi, President,<br /> <br /> 1. Brief facts:-<br /> Complainant who is a driver purchased a taxi car for earning his livelihood. He availed finance from second opposite party which was arranged through first opposite party who is the agent of second opposite party. The loan amount was to be repaid in 46 instalments. Complainant paid the entire amount on 29-01-2005 which was well in advance of the due date of last instalment. But 1st opposite party failed to issue the hire purchase termination letter and demanded Rs.29,000/- as additional hire charges. Complainant alleges that opposite party is trying to extract illegal charges and interest upon interest which amounts to deficiency in service. Hence this complaint. <br /> <br /> 2. Opposite parties filed a joint version admitting the hire purchase transaction. That complainant was bound to pay the instalments before 20th of every month. He has not remitted a single instalment within time and therefore is liable to pay additional hire charges @ 36% per annum upon the defaulted amount as per the agreement. It is further submitted that while the case was pending complainant and opposite parties reached a settlement. Thereby complainant paid the balance amount and opposite parties already issued the hire purchase termination letter. Complainant has acknowledged the same in his own handwriting. Apart from this on 06-02-06 complainant through his counsel has prepared a petition to the effect that the matter is settled between parties and also to withdraw the complaint without any order as to costs. That this petition to withdraw complaint was signed by complainant and his counsel. So the reliefs claimed are now infructuous and the purpose of the complaint is completed. This complaint is now being prosecuted even after settlement only to harass the opposite parties. Therefore this complaint is to be dismissed with compensatory costs.<br /> <br /> 3. Evidence consists of affidavit filed by complainant and Ext.A1 to A5 marked on his behalf. First opposite party has filed affidavit on behalf of himself and second opposite party. Exts.B1 to B3 marked on the side of opposite party.<br /> <br /> 4. The complaint is mainly resisted by opposite party contending that parties have already settled the matter during the pendency of litigation. Complainant does not specifically deny the settlement. He contends that since there was no sitting of the Forum, and because he was in dire need to receive the hire purchase termination letter, he paid Rs.28,000/- to opposite party during the pendency of this complaint, and opposite party has issued the hire purchase termination letter. He alleges that the amount so collected by opposite party is illegal and presently prays for refund of this amount. As per orders in the amendment application filed by complainant a new prayer seeking refund of Rs.28,000/- was incorporated in the complaint.<br /> <br /> 5. Before going into the merits of the case, we think that it is highly necessary to consider the issue whether complainant has locus standii to pursue the complaint even after entering into mutual settlement. This complaint was filed on 11-5-2005. Due to vacancy in the post of President and Member, there was no sitting of the Forum from February 2004 till June, 2007. During this period parties have entered into the settlement whereby complainant has made payment and opposite party has issued hire purchase termination letter. Opposite party relies upon Ext.B2 and B3. Ext.B2 is the copy of No Objection Letter issued by opposite party to Regional Transport Officer, Malappuram in respect of the vehicle. In Ext.B2 complainant has endorsed that he has received the hire purchase termination letter. Presently complainant admits receiving the same. Ext.B3 is the photo copy of the petition stating that the matter has been settled between the parties. In B3 complainant seeks permission to withdraw the complaint and also prays to dismiss the complaint with no order as to costs. Ext.B3 bears the signature of complainant and is countersigned by his counsel Sri.P.C.Girish. Complainant does not specifically deny Ext.B2 and B3 documents. Ext.B3 also shows that complainant had the assistance of his lawyer while entering into the settlement. Complainant does not have a case that the settlement was violated by fraud, coercion, undue influence, or misrepresentation. However in such cases his remedy would not be the Consumer forum. From the materials on record it is established and proved that parties did reach a mutual settlement during the pendency of the litigation. Complainant has opted to proceed with the complaint without filing the original of Ext.B3 petition before the Forum. In our view, once settlement takes place, it should have subsumed any further litigation. When complainant has entered into settlement, he thereafter has no locus standii to agitate any further point especially when he has enjoyed the fruits of settlement by receiving the hire purchase termination letter. We find that since the parties have settled the matter complainant has no right to pursue the litigation challenging only one part of the settlement. Hence complainant is not entitled to any reliefs.<br /> <br /> 6. In the result, we dismiss the complaint with no order as to costs. <br /> <br /> Dated this 14th day of August, 2008.<br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A5<br /> Ext.A1 : Repayment schedule given by opposite party to complainant.<br /> Ext.A2 : Letter dated, 05-10-2001 by Hindustan Motors Ltd., to complainant.<br /> Ext.A3 : Telegram from opposite party to complainant.<br /> Ext.A4 : Photo copy of the statement of account for the contract<br /> between complainant and opposite party.<br /> Ext.A5(series) : Receipts (46 Nos.) from opposite party to complainant. <br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Ext.B1 to B3<br /> Ext.B1 : Carbon copy of the hire purchase agreement with repayment<br /> schedule dated, 12-8-2001.<br /> Ext.B2 : Copy of No Objection Letter issued by opposite party to Regional <br /> Transport Officer, Malappuram in respect of the vehicle.<br /> Ext.B3 : Photo copy of the petition dated, 06-02-06 by complainant's <br /> counsel before the Forum.<br /> <br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<br />