K.DHARMARAJ Vs. BRANCH MANAGER ASHOK LEYLAND FINANCE
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Click here to view full judgement.
K.SAMPATH, J. -
(1.) The complainant in O.P.No.36/2004 on the file of the District Consumer
Disputes Redressal Forum, Tiruvarur, is the appellant herein. The short
facts leading to the appeal are as under:-
(a) The complainant entered into a hire purchase agreement with the
opposite parties and availed a loan of Rs.25,000/- for purchase of a two
wheeler on 05/03/2002. He issued 12 post dated cheques each for
Rs.2,396/-. There was dishonour of some of the cheques with the result,
the opposite parties demanded additional finance charges of Rs.1,091/-.
According to the complainant, all the cheques had been honoured and the
opposite party were not agreeing to have the hire purchase agreement
terminated. The complainant sent a notice through lawyer on 22/12/2003.
The opposite parties responded stating that there was a sum of Rs.1,091/-
as additional finance charges due and unless that was paid the
complainant could not have termination of the hire purchase agreement.
The complainant came forward with the complaint claiming Rs.1,000/-
towards penal charges, Rs.10,000/- towards compensation, Rs.5,000/-
towards mental agony alleging that the opposite parties had committed
deficiency in service by not issuing no objection letter.
(2.) The District Forum dismissed the complaint finding that the cheques
were dishonoured for insufficiency of funds and additional finance
charges were payable by the complainant to the opposite parties and
therefore there was no deficiency in service. It is as against that the
present appeal has been filed.
(3.) We have gone through the materials on record. Heard counsel. We are of
the view that the order of the District Forum is correct and no
interference is called for. It is not disputed that two cheques were
dishonoured for insufficiency of funds as could be seen from Exs.A2 to
A9. The statement of account marked as Ex.B2 filed by the opposite
parties as well as their reply notice Ex.B3 clearly showed that there was
a sum of Rs.1,091/- outstanding remained unpaid as additional finance
charges calculated in accordance with the terms of the hire purchase
agreement marked as Ex.B1. When that was the position, the District Forum
in our view rightly dismissed the complaint.;
Copyright © Regent Computronics Pvt.Ltd.