Act for an order directing the opposite party to pay `3,92,907 to the complainant as `2,61,237 value of agreement, `1,20,170 as loss suffered, `10,000 as compensation and `1,500 as cost.

          The case of the complainant is that he had availed a vehicular loan of `1,90,000 from opposite party as per agreement dated 17.06.10 and purchased a Ape truck having Reg.No.KL-58-D 3332.  The complainant has to repay `5,500 as EMI for 48 months till 2011.  The complainant has paid `82,500 and thereafter due to financial stringency he fail to repay and hence he had voluntarily surrendered the vehicle on 15.12.11 with an undertaking that he will taken back the vehicle within two months after payment of entire debt amount and opposite party promised and agreed for the same.  But on 07.01.12 complainant received a pre-sale notice dated 21.12.11 by violating the condition of undertaking made by opposite party.  So the complainant sent a registered lawyer notice to opposite party on 13.01.12 stating that he will taken back the vehicle within two months after payment of full due amount and the same was served to opposite party on 14.01.12.  But the complainant received a post sale notice on 16.01.12 dated 14.01.12, which revealed the fact that the vehicle was disposed off on 10.01.12 without any proper notice to the complainant.  They also demanded to pay `1,20,170 within 7 days after receiving of the post sale notice.  Due to this deficient service opposite party has suffered irreparable injury, loss and damages.  The opposite party had committed breach of undertaking and promise by adopting unfair practice.  So the complainant is entitled to get value of agreement, debt amount along with compensation.   Hence this complaint.

          Eventhough proper notice was issued to opposite party, he remains absent and hence he was called absent and set exparty.

          The main points to be decided in this case is whether there is any deficiency of service on the part of opposite party.

          The evidence in the above case consists of the chief affidavit filed by the complainant in lieu of chief examination and Exts.A1 to A10.

          The complainant’s case is that due to the financial stringency for paying the vehicular loan availed from opposite party, complainant voluntarily surrendered the above vehicle to opposite party with an understanding that he will taken back the vehicle within two months after payment of entire debt amount, but the opposite party auctioned the vehicle and disposed of the same without proper notice and also demanded to pay `1,20,170 as more towards the debt.  In order to prove his case, the complainant has produced pre-sale notice dated 21.12.11, copy of lawyer notice, postal acknowledgment, post sale notice dated 14.01.12, lawyer notice issued by opposite party dated 068.02.12, copy of reply notice, postal acknowledgment, notice issued to complainant by arbitrator, complaint copy filed by the opposite party before the arbitrator and order of the arbitrator etc.  Admittedly the complainant availed vehicle loan and admittedly the opposite party has got the possession of the vehicle. The complainant contended that he was surrendered the vehicle to opposite party with an undertaking that he will taken back the vehicle within two months after payment of entire debt amount.  But no document has been produced or called for before the Forum to prove the above contention of the complainant.  Moreover he admits that due to financial stringency he failed to pay E.M.I.  Ext.A1 is the pre-sale notice issued by opposite party dated 21.12.11 and Ext.A4 is the post sale notice dated 14.01.12.  As per Ext.A4 the vehicle was sold on 10.01.12 and Ext.A3 notice is dated 13.01.12.  From this it is seen that the vehicle was already disposed of before issuing the A3 lawyer notice by the complainant.  From the documents on record it is seen that the opposite party has disposed the vehicle within 25 days of getting the possession of the vehicle. The complainants failed to prove that the opposite party has sold the vehicle eventhough he had given an undertaking that he will taken back the vehicle within two months.  But Ext.A5 and Ext.A6 the Arbitration proceedings shows that the opposite party had initiated arbitration proceedings after selling of the vehicle.  The Ext.A10 interim order of the Arbitrator shows that, he had ordered on 06.03.2012 for taking possession of the vehicle and to keep the same in the safe custody and to submit its valuation before him.  But it is seen that the vehicle was sold two months before the order.  More over the opposite party has not informed the complainant the auctioned price of the vehicle.  Above all the opposite party remains absent before the Forum.  So it is seen that there is unfair practice on the part of opposite party in selling the vehicle.  So the opposite party is liable to compensate the complainant.  But there is no document before us to assess the loss suffered by the complainant and admittedly the complainant is liable to pay the balance of EMI to opposite party.  So considering the circumstances and nature of the case, we assess `5,000 as compensation which will meet the ends of justice and order passed accordingly.

          In the result, the complaint is allowed directing the opposite party to pay `5,000 (Rupees Five Thousand only) as compensation to the complainant within 30days of receipt of the order, failing which the complainant is entitled to execute the order as per the provisions of Consumer Protection Act.

          Dated this the 31^st day of July, 2012.

                          Sd/-                      Sd/-               Sd/-

                       President               Member           Member

APPENDIX

Exhibits for the Complainant

A1.  Pre sale notice dated 21.12.2011.

A2.  Reply of the notice.

A3.  Postal acknowledgment card.

A4.  Post sale notice dated 14.01.2012.

A5.  Notice dated 08.02.2012.

A6.  Reply dated 05.03.2012.

A7.  Postal acknowledgment card.

A8.  Letter dated 17.02.2012.

A9.  Application submitted before the Arbitrator.

A10. Interim order AS.No.2089

Exhibits for the opposite party

Nil

Witness examined for the complainant

Nil

Witness examined for opposite party

Nil

      /forwarded by order/

                                                                     SENIOR SUPERINTENDENT