By Smt. Padmini Sudheesh, President The case of complainant is as follows: The complainant purchased a motor bike TVS Victor GX Reg. No.KL08/AH 489 during the year 2005. At the time of purchase the complainant paid Rs.6,000/- by RMP and the balance amount was arranged by the respondents. At the time of purchase the complainant had signed a number of printed papers without correctly understanding the nature and contents. The first respondent obtained 35 signed blank cheque leaves of Indian Overseas Bank, Vellangalur branch. Out of the above cheque leaves cheque No.979201 to 979205 were encashed by the respondents towards the instalments. He has paid 9 instalments at the rate of Rs.1381/-. Thus he paid Rs.18,429/- towards purchase of the vehicle. Subsequently the first respondent re-possessed the vehicle and stated that un-cashed cheque leaves will be returned within a period of 3 months. But were not returned. So a lawyer notice was issued demanding Rs.18,141/-. But there is no remedy so far. Hence this complaint. 2. The respondent is absent and set exparte. 3. To prove the case the complainant filed affidavit and the documents produced by him are marked as Exhibits P1 to P6. 4.According to the complainant he is eligible to get back 30 cheque leaves as the balance cheque leaves remaining in the custody of respondents. 5. There is no evidence to the contrary. 6. In the result the complaint is allowed and the respondents are directed to return 30 cheque leaves remaining in the custody of respondents with cost Rs.1,000/- within 2 months. No order as to compensation. Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 3rd day of July 2009.
......................Padmini Sudheesh ......................Rajani P.S. ......................Sasidharan M.S | |