Y.SREEDHAR Vs. AUTHORISED SIGNATORY, KINETIC LEASE AND FINANCE LTD.

JUDGEMENT

(1.) THIS is an appeal preferred by the complainant in C.D. No. 126/1998 aggrieved by the dismissal of his C.D. by the Chittoor District Forum by its order dated 3.11.1999. The respondents are the opposite parties in that C.D. The respondents received notice and the first respondent is represented by its Counsel Mr. P.K. Arjun and we heard him at length.

(2.) THIS is a case which typifies the manner in which small consumers are harassed by hire purchase companies and finance companies. The first respondent is Kinetic Lease and Finance Ltd., Pune and the second respondent is the dealer of the first respondent at Tirupathi. The basic facts are not in dispute. The complainant purchased a Luna Super from the second respondent at Tirupathi for Rs. 13,780/ - under Hire Purchase Agreement No. HP96H0002620. He had to pay the amount in 10 equal monthly instalments of Rs. 1,378/ -. Advance post dated cheques were taken from the complainant by the respondents. After the last instalment of October, 1997 was got paid, the complainant approached the second respondent for no objection certificate and also Form 35 in respect of his Luna bearing Regn. No. AP.03/E -541 which he purchased under the hire purchase agreement. However the second respondent did not respond and furnish the papers. Thereafter the complainant was surprised to receive letter dated 6.12.1997 from the first respondent stating as follows :

(3.) HE got Advocates notice dated 17.2.1998 sent to the first respondent giving details of the payments of the 10 instalments and stating as follows :