By Smt. C.S. Sulekha Beevi, President,
1. Complainant is the registered owner of the autorickshaw bearing registration number KL-10 AA/418 which is the means of his livelihood. Complainant availed loan of Rs.1,02,000/- from second opposite party through first opposite party who is the agent of second opposite party. As per the repayment chart Rs.4,000/- was to be paid as EMI in total of 36 instalments. The last instalment was to be paid on 30-12-2009. Complainant defaulted the 7th instalment. Opposite parties repossessed the vehicle in August, 2007 and complainant came to know of the same from the notice issued by opposite party dated, 30-12-2007. Complainant approached opposite party and requested to return the vehicle. ON enquiry complainant came to know that opposite party has sold the vehicle without notice to complainant. The last date for payment of final instalment is 30-12-2009. The act of opposite party in repossessing the vehicle before this last date amounts to deficiency in service. Hence this complaint praying for Rs.48,000/- as the amount advanced by complainant at the time of purchasing the vehicle, Rs.24,000/- towards financial loss, Rs.50,000/- towards deficiency and mental agony along with costs.
2. Opposite party filed version admitting the finance transaction in regard to the said vehicle. It is submitted that complainant availed loan of Rs.1,44,000/- by executing agreement to repay the same in 36 instalments of Rs.4,000/- as EMI. Complainant paid only 6 instalments of Rs.4,000/- each. Opposite party alerted the complainant several times regarding the default. Complainant failed to pay any further sum and vehicle was repossessed as per terms and conditions of agreement. After giving sufficient opportunity to complainant for repayment of dues, the vehicle was sold at the highest available market price of Rs.40,500/-. The remaining balance is to be paid by complainant for which opposite party intends to take legal action. There is no deficiency in service and the complaint is filed only on experimental basis.
3. Evidence consists of the affidavit filed by complainant. Exts.A1 to A3 marked for him. Opposite party filed counter affidavit. Ext.B1 marked for opposite party.
4. Complaiannt is aggrieved that opposite party repossessed and sold the vehicle for default in payment of EMI. The undisputed fact is that Rs.4,000/- was to be repaid as EMI in 36 instalments. As per Ext.A1 chart the loan availed is Rs.1,44,000/-. Admittedly complainant has repaid only six instalments. It is pleaded and sworn by complainant that the vehicle was repossessed in August, 2007 and that he came to know of it only in December, 2007 on receiving notice from opposite party. This contention that complainant came to know of repossession only in December, 2007 does not inspire any confidence in us. No evidence is adduced by complainant to show that he contributed Rs.48,000/- towards the purchase price. From the evidence it is seen that after defaulting the 7th instalment complainant has not taken any earnest effort to repay the defaulted amount immediately. Admittedly opposite party issued notice on 30-12-2007 regarding repossession and sale of vehicle. This complaint is thereafter filed on 25-01-2008. It is candid that complainant had not made any bonafide attempt to pay the defaulted amount and to get release of his vehicle. After availing finance complainant is bound to repay the same. We therefore do not find any merits in the contentions raised by complainant. Complainant has failed to establish a case in his favour.
5. In the result we dismiss the complaint. We make no order as to costs.
Dated this 20th day of February, 2009.
Sd/- C.S. SULEKHA BEEVI, PRESIDENT
Sd/- MOHAMMED MUSTAFA KOOTHRADAN, Sd/- MEMBER E. AYISHAKUTTY, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Ext.A1 to A3 Ext.A1 : Payment chart with instructions given by 2nd opposite party to complainant. Ext.A2(series) : Receipts (6 Nos.) from 2nd opposite party to complainant. Ext.A3 : Photo copy of the Lawyer notice dated, 31-12-2007 issued by 2nd opposite party to complainant Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Ext.B1 Ext.B1 : Agreement dated, 30-12-2006 between 2nd opposite party and complainant.
Sd/- C.S. SULEKHA BEEVI, PRESIDENT
Sd/- MOHAMMED MUSTAFA KOOTHRADAN, Sd/- MEMBER E. AYISHAKUTTY, MEMBER
......................AYISHAKUTTY. E
......................C.S. SULEKHA BEEVI
......................MOHAMMED MUSTAFA KOOTHRADAN | | 
