By Smt.Padmini Sudheesh, President
The fact of the case are that the complainant had purchased an Auto Rickshaw on the basis of hire purchase agreement from the respondents. The vehicle is 2001 model and RC book stand in the name of complainant. But the original RC book is in the custody of respondents. He is paying money as per the hire purchase agreement to respondents. As per the agreement he has to pay Rs.1,695/- as 24 instalments. Accordingly he has paid the entire instalments except the last 5 instalments. When he has approached the respondents to pay the 5 instalment amount together they refused to accept the same and wanted to pay Rs.19,800/-. The complainant refused to remit this amount. Hence the complaint.
2.The averments in the version are that it is true that the complainant had availed a loan from this respondent to purchase an Auto Rickshaw. But he had committed default in repayment of the loan amount. If default was committed the borrower is liable to pay penal interest. Thus he is liable to pay Rs.22,283/- upto 22/5/10. This complaint is filed only to escape from the payment of this amount. These respondents never tried to seize the vehicle forcibly. Hence dismiss.
3.Points for consideration are that :
1)Whether there was any deficiency in service committed by respondents?
2)If so reliefs and costs ?
4.Evidence consists of Exhibit R1 only.
5. The complaint is filed to direct the respondents not to seize the Auto Rickshaw of complainant forcibly. He also claims Rs.10,000/- as compensation. The complainant had availed a loan from the respondents and purchased an Auto Rickshaw. According to him he had remitted loan amount regularly and the last five instalment amount are not paid. When he had gone to remit this amount the respondents refused to accept the same and wanted to pay Rs.19,800/-. According to him he is not liable to pay this amount. Hence this complaint is filed against forcible seizure of the vehicle. But there is no evidence adduced by him to prove his case. It is his duty to prove his case beyond doubt. Since no evidence is adduced he is not entitled to get any relief sought. At the same time the respondents produced Exhibit R1 account statement. Accordingly due amount is there. In this circumstance the complainant is not entitled to get any relief and found that no deficiency in service committed by respondents.
6. In the result the complaint stands dismissed. .
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 31st day of July 2013.
