KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU, THIRUVANANTHAPURAM APPEAL No. 696/2006 JUDGMENT DATED 11.12.2007 PRESENT: JUSTICE SRI. K.R. UDAYABHANU : PRESIDENT SMT. VALSALA SARANGADHARAN : MEMBER The Manager, Mahindra & Mahindra Financial Services, : APPELLANT/Ist OPPOSITE Puliyamala road, PARTY Kattapra P.O. Idukki District (By Adv. Sri. Abhishek R.V.) V Babu P. Kuriakose, : RESPONDENT Pallathukudy House, Adimali P.O. Idukki District JUDGMENT SRI. K.R UDAYABHANU : PRESIDENT The appellant is the first opposite party in C.C. 32/06, who is under orders to pay a sum of Rs. 8,850/- with 18% interest from 28.12.2004 and also to pay Rs. 25,000/- by way of compensation and Rs. 1,500/- towards cost and also to return the cheque leaves No. 503491 to 503500 drawn on S.B. A/c. No. 610 of State Bank of Tranvancore, Adimali and a blank stamp paper worth Rs. 100/- to the complainant within 30 days and in default, to realise a further amount of Rs. 10,000/- from the appellant. It is the case of the appellant/Financier of vehicles that they had never sanctioned a vehicle loan to the complainant and that they are not in possession of the alleged blank cheques and stamp paper. The grievance of the complainant before the Forum was that he was sanctioned a vehicle loan by the appellant for a sum of Rs. 3,25,000/- for the purchase of a Maruti Zen car, but the appellant retreated from the above commitments after receiving the first instalment ie., a sum of Rs. 8,850/- and did not release the loan amount and also not return the cheque leaves and stamp paper. The evidence adduced before the Forum consisted of the testimony of PW1 and Exts. P1 to P8 on the side of the complainant and the testimony of DW1 and Exts. R1 to R3 on the side of the appellant. After hearing the counsel and after considering the judgment, we find that the Order of the Forum as such cannot be sustained as no Financiers can be compelled to realise the amounts unless he is satisfied as to the repaying capacity and the nature of the person to whom the loan is sanctioned. At the time of hearing, the counsel for the appellant agreed to repay the amount deposited with interest at commercial rate. In the circumstances, we find that the matter can be closed with a modification in the Order of the Forum on the following terms: The appellants shall refund to the complainant a sum of Rs. 8,850/- with 18% interest from 28.12.2004 till date of repayment and pay a sum of Rs. 1,000/- by way of compensation and Rs. 2,000/- towards costs. The statement that the appellants are not in possession of cheque leaves Nos. 503491 to 503500 and the stamp paper is taken as true. The amount due to the complainant as per this Order should be paid within one month from today. The appeal is disposed of accordingly. JUSTICE K.R UDAYABHANU, PRESIDENT VALSALA SARANGADHARAN, MEMBER KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION THIRUVANANTHAPURAM APPEAL 696/2006 JUDGMENT DT:11.12.2007 AT. | 
