1. JIMMY KORAH 2. K.Anirudhan 3. Smt;Shajitha Beevi
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
SRI. K.ANIRUDHAN (MEMBER) Sri. Sarathchandran Nair has filed this complaint before this Forum alleging deficiency in service on the part of the opposite party. The brief facts of his contentions are as follows:- On 20-03-2006, the complainant purchased a Hero Honda bike from M/s. East Venice Motors, Alappuzha with the finance of the opposite party. At the time of purchase, the complainant had remitted Rs. 9,000/- in cash and the balance amount for the loan amount was disbursed by the opposite party and the loan amount is to be remitted at the rate of Rs. 1,032/- per month by way of cheque. The complainant has remitted the loan amount without default up to 15 installments and the amount was remitted from the account of his mother through SBI, A.D.B. Alleppey Branch (A/c No. 10449330025). But in 14-10-2007 certain persons of the opposite party has taken vehicle from the possession of the complainant by force and without any notice. Against the action of the opposite party, the complainant filed this complaint alleging deficiency in service and for mental agony and for compensation. 2. Notice was issued to the opposite party. But they are not appeared before the forum. Considering the continuous absences of the opposite party, opposite party set exparte by this forum on 24-05-2008. On the side of the complainant he has produced proof affidavit and produced 2 documents marked as Exts. A1 and A2. Ext. A1 is the original pass book issued to Sri. Many S.Nair, the mother of the applicant. It shows that cheques at rate of Rs. 1,032/- each was issued from 04-05-2006 to 19-09-2007 (total 15 installments) and it was in monthly payment from the account of the mother of the complainant. In addition to this, the complainant was remitted Rs. 1,032/- each on 09-06-2007, 17-10-2006 and 17-11-2006 (Ext. A2). From the said remittances of the complainant, it can be seen that at the time of taking the vehicle by the opposite party, there was no arrear and that the complainant was regularly remitted the loan amount in time. Without considering the details of remittances, the opposite party has taken possession of the vehicle by force. This amount to deficiency of service and gross negligence on the part of the opposite party and the opposite party are to compensate for the mental agony and inconvenience of the complainant. Taking the contentions of the complainant, affidavit, documents given in evidence and a detailed hearing and other aspects of the case into account, we are of the view that the complainant is to be allowed. 3. In the result, we are directing the opposite party to entrust the said vehicle (Hero Honda bike bearing No. KL-4/G-6144) to the complainant with a compensation of Rs. 10,000/- (Rupees Ten Thousand only) for the gross negligence and deficiency in service on the part of the opposite party, together with the cost of Rs. 1,000/- (Rupees One Thousand). We further direct the opposite party to pay the said amounts to the complainant and comply the formality within 20 (Twenty) days from the date of the receipt of this order. Complaint Allowed. Pronounced in Open Forum on this the 25th day of July, 2008. Sd/- SRI. K.ANIRUDHAN Sd/- SRI. JIMMY KORAH Sd/- SMT. SHAJITHA BEEVI APPENDIX: Evidence of the Complainant:- Ext. A1 - Original Passbook issued by State Bank of India in favour of Many.S.Nair Ext. A2 - Payment receipts dated, 09-06-2007, 17-10-2006 and 17-11-2006 Evidence of the Opposite party: - NIL // True Copy // By Order Senior Superintendent To Complainant/Opposite party/SF Typed by: Sh/- Compd by:
