C.C.No. 132 / 2008
BETWEEN:

Pyla Yellamnaidu, S/o.late Suryanarayana, Aged 48 years,
Mettavalasa Village, Palakandyam Post, Ponduru Via,
G.Sigadam Mandal, Srikakulam District. ...Complainant.

AND:
01)Sri Krishna Sai Finance, Rep.by its Managing Partner,
P.S.R.Complex, Block No.B, Lower Tank Bund Road, Vizianagaram.
02)The Manager, Sri Krishna Sai Finance,
Peddapadu Road, Srikakulam. …opposite parties.

This complaint coming on 30-01-2009 for final hearing before us in the presence of Sri B.Rama Mohana Rao, Advocate for complainant and opposite party Nos. 1 and 2 absent and having stood over to this day for consideration, this Forum made the following:
O R D E R
(By Sri K.Sivaramakrishna, Male Member)
This is a complaint filed under Section 12 of the Consumer Protection Act, 1986 and facts of the case briefly are as follows:
Complainant purchased motorcycle with the financial assistance given by opposite party NO.1 and he discharged the finance. Opposite party No.1 issued Clearance Certificate, Transfer letter and Form-35 for transfer of C-Book. Agents of opposite party NO.1 tried to possess the vehicle by force and the wife of the complainant paid an amount of Rs.3,000/- to the agents of opposite party No.1 on 13-6-2008. Again the wife of the complainant paid an amount of Rs.3,000/- to the agents of opposite party NO.1 on 17-6-2008. The said collection of Rs.6,000/- from the wife of the complainant is illegal. Hence complaint is filed for a direction to opposite party No.1 to repay the said amount of Rs.6,000/- with interest at the rate of Rs.24% per annum and compensation of Rs.50,000/- and costs of Rs.2,000/-.
2) Opposite parties 1 and 2 remained absent. Complainant filed affidavit. Exs.A1 to A8 are marked on behalf of the complainant.
Heard complainant.
Point for consideration is:
Whether there is deficiency in service on the part of the opposite party No.1?


3) Point:
Ex.A1 is receipt dated 1-9-2006 showing that an amount of Rs.933/- was paid by the complainant to opposite party No.1. Ex.A2 is letter dated 14-5-2007 addressed by opposite party No.1 to the Regional Transport Officer, Srikakulam stating that opposite party No.1 received payment in full settlement of the hire purchase in respect of the vehicle. Ex.A3 is copy of C-Book. According to the complainant he paid finance amount to opposite party No.1 and obtained C-Book and Clearance Certificate from opposite party No.1. Thereafter it is the case of the complainant that the wife of the complainant paid Rs.6,000/- to the agents of opposite party No.1 by receipts dated 13-6-2008 and 17-6-2008 and the complainant wants to recover the said amount from opposite party No.1. It may be true that the wife of the complainant paid Rs.6,000/- to the agents of opposite party No.1 by receipts dated 13-6-2008 and 17-6-2008. This payment has nothing to do with the purchase of vehicle by the complainant because the complainant had repaid the finance amount and obtained C-Book and Clearance Certificate from opposite party No.1 more than one year prior to 13-6-2008. It is a claim for money and it has nothing to do with the hire purchase agreement. Complainant ought to have filed a suit for recovery of the said amount in a Civil Court. We therefore hold that there is no deficiency in service on the part of opposite party NO.1 in respect of the hire purchase agreement. Hence we answer the point accordingly.
In the result, complaint is dismissed. No costs. Advocate’s fee is fixed at Rs.500/- (Rupees five hundred only).