The complaint is filed seeking direction to the opp.parties to make arrangements with  6^th opp.party, to collect balance instalments at the rate of Rs.1335/- and to return cheque leaves and other documents.   The complainant further prayed for compensation for damages and cost.

          The averments in the complaint can be briefly  summarized as follows:

          The complainant purchased a Motor Cycle of the brand  name of Bajaj Platina  Ordinary  on 31..8..2006 with the financial assistance of 6th  opp.party and it was registered in the name of the complainant under Reg.No. KL23 -2300.  The Registering Authority endorsed hypothecation with 6^th opp.party.  It is represented by opp.parties that the said vehicle is valued at Rs.38,578/- .  An amount of Rs.8600/-  was paid by the complainant’s husband to the  1^st opp.party but the opp.party has given receipt for Rs.6700/- only and intimated  the balance amount Rs.1900/- is to be adjusted for   tax with the registering authority  10 signed cheque leaves of Federal Bank was obtained by the 1^st opp.party from the complainant.   As per the terms of agreement between the complainant and opp.parties,  the complainant has to remit the amount in 36 instalments at the rate of Rs.1335/-  each.   Total prices of the said Bajaj Platina  Ordinary plus service charges and all other expenses comes to Rs.48060/-.  But when the complainant approached the  financers  they demanded Rs.1465/- as monthly instalments which being  the price of  Bajaj Platina with alloy wheels .   The opp.parties collected more money from the complainant and delivered  much lesser valued vehicle.   The complainant approached the opp.parties to settle the dispute.  But they were not cared to settle the matters.   The act of opp.parties caused much mental agony to the complainant and amounts to deficiency in service.  Hence the complaint is filed for getting relief.

       The opp.parties 4 and 5 were deleted from the party array.  Opp.parties 1 to 3 remained absent and hence set exparte.   The 6^th opp.party filed version contenting the allegations raised by the complainant.   The complainant has no cause of action against the 6^th opp.party.  The 1^st opp.party is not working as an agent of 6^th opp.party.   The complainant entered into hire purchase agreement and the 6^th opp.party had given a delivery note after accepting the 1^st instalment and other  sundry expenses such as service charges etc.   The complainant had no complaint  up to the payment of 2^nd instalment .   The 6^th opp.party has not acted against the terms and conditions of hire purchase agreement.  As per the agreement the complainant has to pay Rs.1464/- till 24^th instalment and there after to pay at the rate of 1384/- for 12 months, thus a total amount of Rs.51744/- with interest, Insurance charges etc. Cost of vehicle was Rs.36,000/- .  On request of the complainant the 6^th opp.party had given financial assistance and there is no deficiency in service from the part of 6^th opp.party.   The complainant has committed breach of trust and 6^th opp.party is initiating legal process against the complainant.    As all the opp.parties except opp.party 6 remained absent, we are constrained to relay upon the  evidence adduced  by the complainant and 6^th opp.party.

The points that would arise for consideration are:

1.     Whether there is any deficiency in service from the part of opp.party

Compensation  and costs

POINTS 1 AND 2

          The complainant filed affidavit.  PW.1 and 2 examined.   Exts. P1 to P5 marked.

The 6^th opp.party was examined as DW.1  Exts. D1 and . D2.marked

          We have perused the documents in detail.  Heard both sides.

          Admittedly the complainant had purchased the said vehicle from the 1^st opp.party.  It is also admitted that the finance assistance was given by the 6^th opp.party.

          The case of the complainant is that the opp.parties had collected more amount than the actual price of the vehicle.   The 1^st opp.party delivered Bajaj Platine Ordinary but they had collected instalments calculating the price of Bajaj Platina  with alloy  wheel which fetch higher  price than the Bajaj Platina Ordinary vehicle.

          The contention of 6^th opp.party is that there is no cause of action against the 6^th opp.party.   The 6^th opp.party had financed only 36,000/-  rupees.   This amount was delivered to the 1^st opp.party.   The entire transaction were made between 1^st opp.party and the complainant   As per the  agreement  the complainant has  to pay the instalment at the rate of  Rs1464/- till 24^th instalment and thereafter to pay at the rate of Rs.1384/- for 12 months..

   The learned counsel for  6^th opp.party argued  that the absence of opp.parties 1 to 3 before the Forum even after repeated notice and publication creates a natural and probable suspicion that the complainant might have colluded together with the other opp.parties  and filed this complaint suppressing the material fact and to attain illegal gain.

Ext.P1 invoice, dated 31..8..2006 issued by the 1^st opp.party shows that the price of the said vehicle was Rs.38,578/-.  Ext.P2 shows that Rs.6700/- was received by the 1^st opp.party from the complainant on 31..8..2006 .   Ext. D2 hypothecation agreement reveals that the complainant  had availed loan for Rs.36000/- .   The 6^th opp.party also admitted  that the complainant had availed loan only for Rs.36,000/-.   As per clause 4 of hypothecation agreement Down payment the borrower shall also pay a

sum of Rs.8100/- prior to the disbursal of loan as down payment and the loan amount fixed only after taking into account the  down payment made

by the borrower.   The hypothecation agreement was executed on 20.9..2006 and the statement of account also dated 20..9..2006.  From the records produced  by opp.party  Ext. D1 and D2 and  from  the fact that the loan for Rs.36000/- is disbursed,  it is obvious that the borrower had paid a some of Rs.8100/- to the 6^th opp.party.  It is stated in Ext. D1 that cost is Rs.44100/- The total cost is calculated including the payment made by the complainant.  Future Insurance calculated as 1920/- including the finance charges total value of the vehicle is calculated as Rs.51744/- .  Any way the 6^th opp.party had granted loan only for an  amount of Rs.36000/- after receiving an initial deposit of Rs.8100/- by the complainant.   The complainant herself admitted in the complaint total that price of the said Bajaj Platina Ordinary Plus service charges and other expenses comes to Rs.48,060/-.   The 6^th opp.party had disbursed grand total of Rs.44,100/-

The 6^th opp.party is entitled to realize only the amount granted  to the loanee.  Here in this case the 6^th opp.party has granted only Rs.36,000/-  and is entitled to realize  from the complainant only this loan amount  in 36 instalments along with agreed interest at the rate of 12% .  Hence the opp.party entitled to collect 36 instalments at the rate of Rs.1375/- only.

Ext.P2 shows that Rs.6700/- was received by  I opp.party  .  The actual price of the vehicle was Rs.38578/- .  As admitted by the complainant total price + service charge comes to Rs.48,060/-.  The 6^th opp.party disbursed Rs.44,100/- .   Thus 1^st opp.party  had collected excess amount of

Rs.2740/-.  The 1^st opp.party is bound to return the excess amount to the complainant.

          For all that has been discussed above, we are of the opinion that there is deficiency in service from the part of opp.party 1 and 6.   The points found accordingly.

          In the result,, the complaint is allowed.   The 1^st opp.party is directed to return Rs.2740/-  to the complainant.   The 6^th opp.party is also directed to re arrange repayment schedule in 36 instalments and each instalment for Rs.1375/-  The opp.parties 1 and 6  are  further  directed to return the cheque leaves and to pay compensation Rs.2500/- and cost Rs.1000/-

          The order is to be complied with within one month of the date of receipt of the order

            Dated this the 30^th day of April, 2012.

:

I N D E X

List of witnesses for the complainant

PW.1. – Bushara

PW.2. – Abdeen

List of documents for the complainant

P1. – Invoice

P2. – Receipt for Rs.6700/-

P3. – Registration certificate

P4. – Postal receipt

P5. – Acknowledgement cards.

List of witnesses for the opp.parties

DW.1. – Gopalakrishna Pillai

List of documents for the opp.party

D1. – Loan status reportD2. – Hypothecation agreement