Kerala

Malappuram

CC/07/119

C. MURALEEDHARAN - Complainant(s)

Versus

MANJERI AUTO CONSULTANT - Opp.Party(s)

06 Jun 2008

ORDER


DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MALAPPURAM
consumer case(CC) No. CC/07/119

C. MURALEEDHARAN
...........Appellant(s)

Vs.

KOTHARI MOTORS FINANCE,
MANJERI AUTO CONSULTANT
...........Respondent(s)


BEFORE:
1. AYISHAKUTTY. E 2. C.S. SULEKHA BEEVI

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By Smt. C.S. Sulekha Beevi, President, 1. Complainant is aggrieved that even though he repaid the loan of Rs.20,000/- availed from opposite party in respect of his vehicle No.KL10 F/9747, opposite party ha snot issued the hire purchase termination letter. Hence the complaint. 2.Opposite party filed version disputing the jurisdiction of this Forum to try the case. It is admitted that complainant had availed a loan in respect of his vehicle No.KL10 F 9747 by executing hire purchase agreement on 30-12-05. The amount repayable was Rs.27,750/- which was to be repaid in fifteen monthly instalments of Rs.1850/- each from 30-01-06 to 30-3-07. That complainant has defaulted to pay the instalments in time and therefore is liable to pay additional interest @ 36% on defaulted payments. That there is a delay of 47 months in paying instalments and therefore complainant is liable to pay Rs.2,608/- as additional interest and also Rs.2,000/- towards collection charges. Towards this complainant has paid only Rs.700/- and has to pay balance of Rs.3,908/-. The hire purchase termination letter was not issued only because complainant has not paid the entire dues. There is no deficiency of service and complaint is to be dismissed. 3. Evidence consists of affidavits filed by both sides. Ext.A1 to A7 m marked on the side of complainant. Exts.B1 and B2 marked on behalf of opposite party. 4. Opposite party disputes the jurisdiction of this Forum to try the case contending that hire purchase agreement had been executed at Chennai. That first opposite party is only a broker and has no direct contact with second opposite party. Complainant contends that first opposite party who is doing business within the district limits of this Forum is the agent of second opposite party. Second opposite party refutes this contention. Ext.A3 is a temporary receipt issued to complainant by first opposite party on behalf of second opposite party which proves first opposite party is an agent of second opposite party. Further finance was availed in respect of the vehicle which is registered within this district. Several cause of actions occurred within the territorial limits of this Forum. We therefore hold that this Forum has jurisdiction to try this complaint. 5. Admitted facts of this case are that complainant availed finance from second opposite party in respect of his vehicle KL 10 F 9747 by executing hire purchase agreement. The total amount to be repaid was Rs.27,750/- in fifteen instalments of Rs.1,850/- each. Opposite party admits that complainant has paid all the instalments. Complaint is resisted on the ground that a balance of Rs.2,608/- is due as additional interest on defaulted payments and Rs.2,000/- is due towards collection charges. Opposite party alleges that there is a delay of 47 months in paying the instalments. Ext.B2 is the repayment chart. The first instalment was to be paid on 30-01-06 and the last instalment is on 30-3-07. Complainant has paid the first instalment on 28-02-06 and the last instalment was paid on 03-4-07. The amount was repaid within a period of one year and two months. Therefore the contention of opposite party that there is a delay of 47 months is false and unacceptable. In Ext.B1 agreement, the amount advanced to complainant is not disclosed. According to complainant he availed finance of Rs.20,000/- and repaid Rs.27,750/-. Even if opposite party is entitled to any additional interest @ 36% the principal amount upon which the interest is to be calculated should be specifically stated in the agreement. No hidden charges can be claimed from the consumer. Further the demand for Rs.2,000/- towards collection charges is not supported by any documents and hence unacceptable. We are able to conclude that the claim of opposite party for Rs.3,908/- is without any basis. We find the act of opposite party claiming amounts which are not explicit and disclosed clearly is deficiency in service. We consider that complainant is entitled to receive the hire purchase termination letter from second opposite party since complainant has repaid the whole instalments as fixed by the agreement. 6. In the result, we allow the complaint. We order second opposite party to issue hire purchase termination letter to the complainant in respect of the vehicle KL 10 F/9747 within one month from the date of this order; failing which on request made by complainant copy of this order will be communicated to the concerned Regional transport Officer who on receipt of copy of this order shall cancel the endorsement in favour of second opposite party in respect of vehicle No.KL10 F 9747. We make no order as to costs. Dated this 6th day of June, 2008. Sd/- C.S. SULEKHA BEEVI, PRESIDENT Sd/- E. AYISHAKUTTY, MEMBER APPENDIX Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Ext.A1 to A7 Ext.A1 : Hire Rental Payment chart issued by second opposite party to complainant. Ext.A2 : Postal card dated, 24-3-07 sent by 2nd opposite party to complainant. Ext.A3 : Receipt for Rs.9,750/- dated, 03-4-07 in respect of vehicle No. KL10 F 9747 on account of second opposite party. Ext.A4(series) : Receipts (6 Nos.) from second opposite party to complainant. Ext.A5 : True photostat copy of lawyer notice dated, 06-12-07 sent by complainant's counsel to second opposite party. Ext.A6 : Photo copy of the Certificate of Registration in respect of vehicle No.KL 10 F 9747 Ext.A7 : Photo copy of the letter No.C15/812/06M dated, 17-01-06 from Secretary, RTA., Malappuram. Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Ext.B1 and B2 Ext.B1 : Hire Purchase Agreement dated, 30-12-05 between second opposite party and complainant. Ext.B2 : Payment chart in respect of vehicle No.KL10 F 9747. Sd/- C.S. SULEKHA BEEVI, PRESIDENT Sd/- E. AYISHAKUTTY, MEMBER




......................AYISHAKUTTY. E
......................C.S. SULEKHA BEEVI