By Smt. C.S. Sulekha Beevi, President,

1. Complainant availed a vehicle finance of Rs.4,00,000/- from opposite party for purchase of a bus. The total amount to be repaid was Rs.5,71,720/-. Cheque leaves with signature was issued to opposite party. Though opposite party included Rs.36,000/- as insurance premium for the entire loan period opposite parties or the agent did not take the policy for the first year. This policy was taken by complainant. Opposite parties took the policy for the second year by paying Rs.19,389/-. They obtained refund of Rs.5,000/- from Insurance Company due to change in premium. A total sum of Rs.8,350/- was received by opposite party as refund from insurance company. This was not refunded to complainant. Thereafter opposite party issued notice demanding to pay the balance amount along with interest and several charges. Opposite parties have collected Rs.25,707/- illegally. Hence this complaint seeking refund of this amount and to direct opposite party not to seize the bus.

2. First opposite party filed version admitting the finance transaction with complainant. It is submitted that complainant has not repaid the loan as per the terms of hire purchase agreement. That complainant has committed default and is liable to pay necessary additional charges also. That complainant is not entitled to reliefs

3. Evidence consists of the affidavit filed by complainant and Exts.A1 to A6 marked for him. Opposite party has not filed any counter affidavit or documents.

4. On bare perusal of the evidence adduced by affidavit it is clear that complainant has still not fully repaid the loan amount. He has not produced the repayment chart or the receipts for the payments made by him. Complainant has suppressed these documents. He prays to have the amount of Rs.25,707/- refunded to him which according to him is collected illegally towards insurance premium. Complainant has not stated specifically what is the amount repaid by him to the loan and what is the default if any committed by him. He has affirmed on 09-3-2009 that he is still willing and ready to pay the instalments, which shows that the loan account is not repaid by him till date. So the contention that he is entitled to refund is not at all sustainable. The complaint according to us is premature. Further this Forum has no jurisdiction for settlement of accounts. There is no merits in the contentions put forward by complainant. He has failed to establish a case in his favour.

5. In the result, we dismiss the complaint. There is no order as to costs.

Dated this 5th day of August, 2009.

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER

APPENDIX

Witness examined on the side of the complainant : Nil

Documents marked on the side of the complainant : Ext.A1 to A6

Ext.A1 : Statement of an account from 01-3-2006 to 11-9-2007 relating to

account No.398

Ext.A2 : Photo copy of the collection details.

Ext.A3 : Photo copy of the receipt for Rs.12,350/- from opposite party to complainant.

Ext.A4 : Photo copy of the letter dated, 01-02-2008 from opposite party to complainant.

Ext.A5 : Photo copy of the lawyer notice dated, 17-9-2007 issued by opposite

party's advocate to complainant.

Ext.A6 : Certificate of Insurance issued by United India Insurance Company Ltd.

to complainant.

Witness examined on the side of the opposite parties : Nil

Documents marked on the side of the opposite parties : Nil

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER