SRI. JIMMY KORAH (PRESIDENT) The case of the complainant is that he purchased a motor cycle by taking loan from the opposite parties. Complainant paid 30 installments and defaults 6 installments. Opposite parties directed to the complainant either to pay balance amount or surrender the vehicle financed by the opposite parties. Complainant could not raise fund so he surrendered the motor cycle. At the time of taking the loan complainant was handed over 4 blank cheques to the opposite parties. The opposite parties have not returned the said cheques so far. Further they issued two lawyer’s notice demanding Rs.25,046/- and Rs.24,130/- respectively. Hence complainant approached this Forum alleging deficiency of service against the opposite parties. 2. Opposite parties filed vakalath but not filed version. Since they set exparte. 3. This Forum framed following issue for answering the claim of the complainant:- Whether there is any deficiency of service on the part of the opposite parties? 4. Complainant filed proof affidavit and produced 3 documents which are marked as Exts.A1 to A3. In the notice dated 28.6.2008 opposite parties admitted that they sold the vehicle of the complainant. The opposite parties took the vehicle and sold the same without issuing notice to the complainant. Hence he cannot claim any more amount from the complainant. From the above said facts and circumstances, issuance of notice subsequent to the sale of vehicle is a deficiency of service. But the complainant has not requested any compensation. His only prayer is for cancellation of the said notices and for returning cheques given by him to the opposite parties. Considering the facts and circumstances we allowed this complaint and directing to the opposite parties to return the said cheques and close the account of the complainant. The notice issued in this case is illegal. No order on cost. Complaint allowed. Pronounced in open Forum on this the 31st day of Marach, 2009. Sd/- Sri. Jimmy Korah: Sd/- Sri. K. Anirudhan: Sd/- Smt. N. Shajitha Beevi: Appendix:- Evidence of the complainant:- Ext.A1 - True copy of the letter dated 30.12.2007 (Photo copy) Ext.A2 - Letter dated 1.1.2008 (Photo copy) Ext.A3 - Advocate notice (Photo copy) Evidence of the opposite parties:- Nil // True Copy // By Order To Senior Superintendent Complainant/Opposite parties/S.F. Typed by:-Pr/- Compared by:- | 
