Smt. E. Ayishakutty, Member<br /> <br /> <br /> 1. The complaint in brief is as follows:-<br /> The complainant has exchanged his 1995 model Motor Cycle bearing register No.KL10/C 4725 with a new Bajaj Boxer Motor Cycle in an Exchange Mela conducted by opposite party. At the time of exchange opposite party told the complainant that the Bajaj Boxer Motor Cycle is 2001 model and it's price is Rs.33,000/- (Rupees Thirty three thousand only). Opposite party made financial arrangements also to the complainant. By deducting the value of complainant's old Motor Cycle KL10/C-4725 he has to pay Rs.31,000/- with interest in 20 monthly instalments. Opposite party collected two blank cheque leaf, a stamp paper and some blank signed papers from the complainant. After the transaction the complainant took the new motor cycle for registration. At the time he understood that opposite party has fraudulently misrepresented him by delivering the motor cycle of 2000 model instead of 2001 model. Moreover the value of 2000 model Bajaj Boxer Motor Cycle is Rs.31,000/-. So opposite party collected Rs.2,000/- excess for the vehicle. After undertstanding this the complainant approached opposite party and informed about the model change. Opposite party admitted the mistake and agreed to adjust the amount of Rs.5,500/- towards the value of the Bajaj Boxer Motor Cycle for the change of model. Opposite party promised also that the complainant need only to pay the monthly instalment after adjusting Rs.5,500/- . Meanwhile opposite party seized the vehicle. He threatened the complainant that he will misuse the signed cheque leaf and blank stamp paper collected from the complainant opposite party told that he will not adjust the difference of the value of the vehicle and complainant is liable to pay the entire instalments. So opposite party has committed unfair trade practice and has deficiency in his service. Hence the complaint.<br /> <br /> 2. Complainant request to refund the value of the new vehicle seized by opposite party, return the blank signed stamp paper and cheque leaf collected from him and cost and compensation.<br /> <br /> 3. Opposite party has filed version. He denied all the averments made by the complainant except the financial arrangements done by him for the complainant from the financier by name K.C. Investment. He admits that he has assisted the financier to seize the vehicle because the complainant defaulted the payment of loan. <br /> <br /> 4. Complainant has filed chief affidavit. Ext.A1 to A6 marked on the side of complainant. Opposite party has not filed affidavit. No documents produced by him. The Forum has given sufficient time for both parties to adduce evidence. In the chief affidavit complainant affirmed that opposite party and his men forcefully seized the vehicle of him. Opposite party has not challenged this and not filed counter affidavit.<br /> <br /> 5. One of the main contentions of the complainant is that opposite party fraudulently misrepresented him by delivering 2000 model motor cycle instead of 2001 in the Exchange Mela and opposite party collected excess amount of Rs.2,000/- (Rupees Two thousand only) The complainant is not able to produce any evidence in support of this contention. He has produced 6 documents. Ext.A1 is the payment instruction book given by the financier to complainant. Ext.A2 series is the postal cards sent to the complainant by the financier. Ext.A3 series is the postal cards sent by opposite party to the complainant. Ext.A4 and Ext.A5 is the Registration Certificates of complainant's Motor Cycles bearing registration number KL10/C 4725 and KL10/M 975 respectively. From these documents we are unable to conclude that opposite party has committed unfair trade practice and deficiency in his service.<br /> <br /> 6. Ext.A1 the payment book shows that the complainant availed a loan from the K.C. Investment. The loan amount with interest he has to repay Rs.31,000/- in 20 monthly instalments. He has paid only 4 instalments. That is the amount of Rs.6,400/- (Rupees Six thousand four hundred only). First instalment paid on 18-5-2001 amount of Rs.1,600/-. Second, third and forth instalment he has paid all together on 12-4-2002 eleven months after the payment of first instalments. As per agreement the complainant is liable to pay the loan amount availed to him without pending. But he has failed to repay the loan without pending on correct time as per the repayment chart issued by the financier. Complainant's irresponsibility led to the seizing of his vehicle by the financier.<br /> <br /> 7. It is an admitted fact in the complaint that opposite party had helped the complainant to avail the loan from K.C.Investment. Being so it is the duty of opposite party to compel the complainant to repay the finance availed him from K.C. Investment. That as why he has sent Ext.A3 to the complainant. We do not find any illegality in this deed. If the complainant has to be get any relief it is not from opposite party but it is from the financier by name K.C. Investment. But the K.C. Investment is non-jointer of this complaint.<br /> <br /> 8. In the result we come to a conclusion that complainant is not entitled to any relief as claimed in complaint and so the complaint is dismissed. No order as to costs.<br /> <br /> Dated this 7th day of August, 2008.<br /> <br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A6<br /> Ext.A1 : Photo copy of the payment instruction book given by the financier<br /> to complainant.<br /> Ext.A2 series : Postal cards (4 Nos.) sent to the complainant by the financier. <br /> Ext.A3 series : Postal cards (4 Nos.) sent by opposite party to the complainant.<br /> Ext.A4 : Photo copy of the Registration Certificate of complainant's <br /> Motor Cycle bearing No.KL10/C-4725.<br /> Ext.A5 : Photo copy of the Registration Certificate of complainant's <br /> Motor Cycle bearing No.KL10/M 975.<br /> Ext.A6 : Photo copy of the Motor Vehicle Cover Note issued by New India<br /> Assurance Co. Ltd., in the name of complainant.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Nil<br /> <br /> <br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<br />