Date of filing : 20-11-2009 Date of order : 05-03-2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD C.C. 254/09 Dated this, the 5th day of March 2010 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER Govindan Kanakkodu, S/o. Kanna Velichappadan, } Complainant Kanakkdou veedu, Po. Mulleriya, Kasaragod.Dt. (In Person) Haneefa, } Opposite party S/o. Soopi, Kalathil Veedu, Po. Adhoor, Kasaragod.Dt. (Exparte) O R D E R SRI.K.T.SIDHIQ, PRESIDENT Complainant purchased a Motor Cycle bearing Reg.No.KL-14/G 3510 from the opposite party by executing an agreement. At the time of handing over the possession opposite party told that he has paid all the EMI’s due to the financier as on the date of transaction i.e.10-06-2008. The remaining dues were being paid by the complainant. But on 19-11-2009 the motor cycle was re-possessed by the financier. The complainant was paid Rs. 10,000/- by cash and remitted Rs.15,050/- to the financier. On enquiry made, he came to know that opposite party has not remitted the EMI due to the financier. Thereby the complainant had a loss of Rs.30,000/-. Therefore the complaint. 2. Notice to opposite party was issued by registered post. Though the intimation of the registered notice was served upon the complainant by the postal authorities, he failed to collect it from the post office and hence the notice was returned as unclaimed. Hence it is presumed that the notice is served on opposite party and he was called absent and set exparte. 3. Complainant adduced evidence as PW1. Exts A1 to A8 marked. Complainant heard. Documents perused. 4. Complainant deposed that he paid Rs.10,000/- to opposite party at the time of taking the delivery of the vehicle from opposite party and opposite party told that he has remitted the EMI dues to the financier up to date. Thereafter he has remitted the EMI’s in the account of opposite party since opposite party has given cheques to the financier for collecting the amount from his account. 5. Later to the queries made by the complainant with the financier it was known to him that the EMI’s deposited by him in the Bank where the opposite party maintaining the account has not received by the financier when they presented the cheques issued by opposite party for collection since the amounts are being drawn by the opposite party himself. Thereafter he directly remitted the EMI’s with opposite party. Thereafter opposite party issued a cheque for Rs.7620/- infavour of opposite party to settle the dues committed by him to opposite party. But when approached he came to know that there is lack of fund in the account. On 24-11-2009 the vehicle that parked on the premises of Kasaragod Municipality office was taken away by the financier and the fact of repossession was intimated to opposite party. But opposite party did not intimate the said fact to complainant. Thereafter complainant paid Rs.18,045/- to opposite party towards the pending dues and take back the vehicle. Now he is paying the EMI promptly. The opposite party also sent a lawyer notice to him. Due to the act of opposite party he suffered much monetary loss. 6. The opposite party has not turned up to adduce evidence. Case of the complainant is proved. The Ext.A7 cheque signed by opposite party favouring the financier for Rs.7620/- is a pointer to the fact that he owed at least that amount to the financier at the time of giving possession of the motor cycle to complainant. 7. Opposite party therefore liable to pay that amount with compensation and cost of these proceedings. Therefore the complaint is allowed and opposite party is directed to pay Rs.7,620/- to the complainant with a compensation of Rs.5,000/- and cost ofRs.2,000/-. Time for compliance is limited to 30 days from the date of receipt of copy of order. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1.Agreement A2.Series receipts (4 Nos) A3.Series temporary receipts (5 Nos) A4. Bank receipt A5 Series Receipts (3 Nos) A6.10-10-08 Cheque Bank of Baroda an amount of Rs. 7620/- A7.24-11-09 Copy of lawyer notice. A8. Inventory Report. PW1.Govindan.K. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
......................K.T.Sidhiq
......................P.P.Shymaladevi
......................P.Ramadevi | | 
