Complainant absent. Dismissed.<br /> <br /> Dated this 7th day of November, 2007.<br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br /> By Smt. E. Ayishakutty, Member<br /> <br /> <br /> <br /> 1. The case of the complainant is that he purchased a car bearing registration No.KL10-E 9306. He availed Rs.60,000/- as loan from opposite party through the Proprietor of Hindustan Auto Finance at Kottakkal who is the agent of opposite party. Complainant handover two signed blank cheque leaves and non judicial Stamp paper with signature to the opposite party. All the above documents were executed in the office of opposite party's agent at Kottakkal. Opposite party directed the complainant to pay the loan on 24 monthly instalments. Four instalments at Rs.4,000/- and 20 instalments at Rs.3,650/-. Complainant used to pay the amount regularly and opposite party issued receipt for the payment in the name of complainant. He paid entire amount with interest in time. But opposite party has not issued the hire purchase termination letter of the vehicle KL10-E 9306. He demanded Rs.14,000/- as additional hire charges for the amount due. Complainant refused to pay the amount. He filed a complaint before this Forum against opposite party. He requested to direct opposite party to issue hire purchase termination letter of his vehicle KL10-E 9306 and also requested for cost and compensation.<br /> <br /> 2. Opposite party filed counter statement admitting the hire purchase transaction. Opposite party states that the complainant had availed finance of Rs.89,000/- for the purchase of vehicle No.KL10-E 9306 after executing necessary legal documents. Opposite party has to receive Rs.1,40,460/- (Rupees One lakh, forty thousand and four hundred and sixty only) towards the principal, interest and other charges from the complainant. Complainant agreed to abide all the rules and regulations of hire purchase agreement and the willingness of him this agreement executed.<br /> <br /> 3. Complainant never used to pay the dues on time. He is default in several occasions and never paid the principal and interest in full. Opposite party has a case that complainant not furnished the fair and legible copy of the complaint to defend the cause. Opposite party disputes the jurisdiction of the Forum to try this complaint since the cause of action arosed in Chennai only.<br /> <br /> 4. Complainant filed affidavit and documents as evidence. Ext.A1 to A10 marked on the side of complainant. No documents or affidavit filed by opposite party.<br /> <br /> 5. Ext.A1 is a letter dated, 26-9-97 issued by opposite party to the complainant. Ext.A2 to A8 are the temporary receipts of the payment made by the complainant. Ext.A9 is another letter issued by opposite party to the complainant on 26-9-97. Ext.A10 is the payment chart issued by opposite party to the complainant.<br /> <br /> 6. Opposite party contents that this Forum has no jurisdiction to entertain the complaint since the cause of action arosed in Chennai only. Complainant affirmed that the transactions were arranged by opposite party at the office of opposite party's agent at Kottakkal within the jurisdiction of this Forum. Opposite party has not denied the part of cause of action alleged by the complainant. Opposite parties contention that the complainant has not furnished fair and legible copy of the complaint is justifiable because the copy of the complaint is not legible. Both parties must have care to file clear and legible records. <br /> <br /> 7. Opposite party states that he had financed Rs.89,000/- to the complainant and he has to receive Rs.1,40,460/- towards principal, interest and other expenses. Ext.A10, the payment chart shows that opposite party issued an amount of Rs.89,000/- to the complainant. Ext.A1 the letter issued by opposite party to the complainant shows that opposite party issued Rs.60,000/- to the complainant including service charges and demand draft commissions. Complainant says that he has received Rs.60,000/- from the opposite party. Opposite party directed to pay the amount with 24 monthly instalments. Complainant has paid entire amount with interest in time. Ext.A2 to A8 are the repayment receipt issued by opposite party to the complainant for the payment. It shows that he had paid only Rs.38,350/- towards the loan. He has no case that opposite party has not issued the receipt for the payment. As per the payment chart the date of the first instalment is 26-9-97 and the due date of last instalment is 26-9-99. The payment receipt shows the date of payment that he has paid the last instalment on 17-11-2000. Complainant defaulted entire instalments. He has not produced sufficient evidence to prove that he has paid entire amount with interest in time and without default.<br /> <br /> 8. Therefore we are unable to conclude that opposite party is extracting interest on interest and other illegal charges in the name of additional hire charges without any authority and thereby opposite party has committed deficiency in service. We do not find any merits in this case. Hence complainant is not entitled to any reliefs. <br /> <br /> 9. In the result the complaint dismissed. No order as to costs.<br /> <br /> Dated this 18th day of September, 2008.<br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> <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 A10<br /> Ext.A1 : Letter dated, 26-9-97 issued by opposite party to the complainant. <br /> Ext.A2 : Temporary receipt for Rs.2,500/- dated, 20-1-1998 from opposite <br /> party to complainant.<br /> Ext.A3 : Temporary receipt for Rs.9,300/- dated, 23-1-1998 from opposite <br /> party to complainant.<br /> Ext.A4 : Temporary receipt for Rs.3,650/- dated, 26-5-1998 from opposite <br /> party to complainant.<br /> Ext.A5 : Temporary receipt for Rs.10,600/- dated, 15-6-1998 from opposite <br /> party to complainant.<br /> Ext.A6 : Temporary receipt for Rs.3,650/- dated, 10-8-1998 from opposite <br /> party to complainant.<br /> Ext.A7 : Temporary receipt for Rs.500/- dated, 16-6-2000 from opposite <br /> party to complainant.<br /> Ext.A8 : Temporary receipt for Rs.3,650/- dated, 17-11-2000 from opposite <br /> party to complainant.<br /> Ext.A9 : Letter dated, 26-9-97 issued by opposite party to the complainant. <br /> Ext.A10 : Payment chart given by opposite party to complainant.<br /> <br /> Witness examined on the side of the opposite parties : Nil<br /> <br /> Documents marked on the side of the opposite parties : Nil<br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<br />