<br /> By ADV. RAVI SUSHA, MEMBER<br /> <br /> The complaint is filed for giving direction to the opp.parties to pay Rs.1442.08 with interest and for other reliefs. It is stated in the complaint as follows:<br /> <br /> The complainant purchased a Honda Activa Scooter from M/s. Vahini Motors through a loan availed by the 2nd opp.party vide agreement No.TWH110459. As per the agreement, the complainant had to deposit an amount of Rs.12,506/- as security deposit and the complainant deposited the same on 27.5.2002 and receipt No.PNW 59061 was issued to the complainant by the 2nd opp.party. As per the security deposit receipt the maturity value as on 26.5.2005 is Rest.14,757.08. The complainant paid all the instalments as per the agreement and he approached the 2nd opp.party for refund of the deposit. But the complainant received a cheque for Rs.13,315/- only towards maturity amount of the security deposit. On enquiry the complainant was informed that the balance Rs.1,422,08 is adjusted in some other heads which is the usual procedure adopted by the 1st opp.party. They failed to give a proper explanation. The opp.parties are liable to pay the total maturity value of Rs.14.757.08 after 26.5.2005. The deduction of Rs.1,442.08 by the 1st opp.party from the total sum assured is a clear case of deficiency in service and unfair trade practice. Hence prays for reliefs.<br /> <br /> <br /> <br /> The points that would arise for consideration are:<br /> <br /> [I] Whether there is deficiency in service on the part of the opp.party<br /> [ii] Reliefs and costs.<br /> <br /> <br /> For the complainant PW.1 is examined and Ext. P1 to P4 are marked.<br /> <br /> <br /> <br /> Points [I] & [ii]<br /> <br /> The complainant was examined in chief as PW.1and marked Exts. P1 to P4.<br /> <br /> The opp.parties dared not to turn up. Hence they stands declared exparte. 2nd opp.party filed petition to set aside exparte order and it was allowed. Subsequently 2nd opp.party filed version.<br /> <br /> <br /> The complainant could prove his case through the complaint, affidavit, deposition in chief and the exhibits marked. The complainant was heard. As no evidence is adduced from the side of the opp.party, we are constrained to rely upon the exparte evidence. As per Ext.P1 after the maturity period opp.parties ought to pay Rs. 14757.08. But Rxt.P4 shows that the opp.party has paid only Rs. 13315.00/-. In the chief affidavit of the complainant. Complaint sought relief only from the 1st opp.party. Hence we find that there is deficiency in service on the part of the opp.parties. Therefore the complainant is entitled to get the balance amount with compensation and cost.<br /> <br /> <br /> <br /> In the result the complaint is allowed. 1st opp.party is directed to pay R s. 1442.08 with its interest @9% per annum to the complainant. 1st opp.parties is further directed to pay R s..1000/- as compensation and R s..500/- as costs of the proceedings to the complainant. The order is to be complied within one month from the date of receipt of the order.<br /> <br /> <br /> Dated this the 11th day of March, 2008.<br /> <br /> I N D E X<br /> <br /> List of witnesses for the complainant<br /> PW.1. Boris Paul<br /> <br /> List of documents for the complainant<br /> P1. – Copy of Deposit receipt<br /> P2. – copy of letter dt. 21.6.02 issued by 2nd opp.party<br /> P3. – Acknowledgement issued by 1st opp.party<br /> P4. – copy of cheque No.009657 dt. 26.7.05. <br /> <br /> <br /> <br /> Amended as per order in I.A.No.9/08 dated 7..2..2008.<br /> <br />