By Smt. C.S. Sulekha Beevi, President,<br /> <br /> <br /> 1. The case of complainant is that he availed finance from opposite party to purchase a bus. It was purchased for self employment and livelihood of his brother and himself who are conductor and driver respectively. Opposite party advanced a loan of Rs.6,50,000/-, which was repayable on or before 20-9-05. Complainant could not repay the instalments and intended to sell the bus. Opposite party forcefully seized the bus and demanded Rs.8,89,546/- to close the loan. Complainant entered into an agreement to sell the bus and repaid the said amount. Opposite party illegally collected Rs.3 lakh. Hence the complaint praying refund of Rs.65,000/- collected as share and Rs.3,00,000/- collected illegally, Rs.80,000/- as compensation along with costs.<br /> <br /> 2. Opposite party has not filed any version. I.A.No.33/08 was filed by opposite party under Section 8 of Arbitration and Conciliation Act contending that the matter has to be send for arbitration and that this Forum has no jurisdiction to try the matter as per the hire purchase agreement. This petition was dismissed on 18-02-08 applying the dictum laid in Fair Air Engrs. Pvt. Ltd. Vs. N.K. Modi 1996 (3) CPJ (1) S.C.<br /> <br /> 3. Evidence in this case consists of affidavits filed by both sides. Exts.A1 to A2 marked on behalf of complainant. Ext.B1 marked on behalf of opposite party.<br /> <br /> 4. Complainant contends that he availed services of opposite party to purchase a bus for self employment and livelihood of his brother and himself. Opposite party refutes this contention and affirms that complainant has purchased trucks, buses and other vehicles availing loan from different financiers and has filed many complaints before this Forum, raising the contention of self employment and livelihood. This Forum has also taken note that complainant has filed two other complaints against other financiers in which the same plea of self employment and livelihood is raised. Complainant cannot be allowed to misuse the benevolent provisions of the Consumer Protection Act which intends to help an ordinary man. Moreover, admittedly complainant has entered into an early settlement accounts with opposite party and has obtained the hire purchase termination letter. According to complainant the vehicle was seized on 5-7-03. Rs.5 lakh was paid on 09-7-03 and Rs.68,000/- was<br /> <br /> <br /> paid on 14-7-034. Thus the transaction was closed at the instance of complainant to whom the vehicle was released and the hire purchase termination letter was also issued. Later after almost one year on 02-6-04 this complaint has been preferred alleging that opposite party collected Rs.3,00,000/- illegally and that Rs.65,000/- ought to have been repaid. No evidence is adduced by complainant as to the details of settlement or on what basis he has arrived that Rs.3,00,000/- was collected illegally. There is no evidence to show that there was promise to repay Rs.65,000/-. From the above discussions we hold that complainant has failed to prove any case in his favour.<br /> <br /> 5. In the result, complaint dismissed. No order as to costs.<br /> <br /> Dated this 16th day of April, 2008.<br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <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 A2<br /> Ext.A1 : Repayment chart received from opposite party to complainant..<br /> Ext.A2 : Receipts (20 Nos.) received from opposite party to complainant.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Ext.B1<br /> Ext.B1 : Photo copy of the agreement between complainant and opposite party.<br /> <br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> E. AYISHAKUTTY, MEMBER<br />