MOTHILAL Vs. DHANAVATH BALU

JUDGEMENT

(1.) This is an appeal preferred by opposite parties 1 & 2 against the order of the Dist. Forum directing them to return all the original documents pertaining to auto and refund Rs. 12,850/- collected towards excess amount with costs of Rs. 1,000/-.

(2.) The case of the complainant in brief is that he purchased an auto for Rs. 80,000/- and took finance from the appellant a finance company wherein he agreed to repay in instalments. On 25.11.2004 though he paid Rs. 32,000/- the receipt was given for Rs. 30,000/-. It also collected Rs. 5,000/- for registration, Rs. 3,000/- for other charges. As against Rs. 82,000/- with interest @ 18% p.a., for 24 months coming to Rs. 1,11,520/-, he in fact paid Rs. 1,55,000/- besides Rs. 5,000/- for registration and Rs. 3,000/- for other expenses in all Rs. 1,63,000/-. They had kept all the original papers including C Book, insurance papers etc. When he demanded the papers after discharging the loan, the appellants demanded Rs. 30,000/-. On that he has issued legal notice for which they did not give reply. Therefore, he filed the complaint directing the appellants to return all the original documents besides refund excess amount of Rs. 19,850/- and Rs. 20,000/- towards litigation and other expenses.

(3.) The appellants did not choose to contest and therefore they were set-exparte.