ORDER
By Smt.Rajani.P.S., Member
Complainant’s case is as follows: The complainant executed a hire purchase agreement with the respondent at the time of taking delivery of a Bajaj Boxer AT motor bike numbered KL 8 S 593. The complainant had paid all the instalments as per the agreement and the respondent issued no objection and removed the HP liability and after complying all these formalities he sold the above said vehicle to Mr.Shajahan in 2003. But the respondent had not returned his blank cheques and other documents given and assured to issue later. Besides this the respondent threatened the complainant several times through telephone and by sending notices for payment of dues. When the complainant enquired the matter with the respondent they replied that it was mistakenly send by them. But after that also the respondents are repeating the same actions The complainant received a notice without any date stating that the matter should settle on 23/12/08 at 9.30. So a lawyer notice was sent on 3/2/2009. But no reply. The act of the respondent amounts to deficiency in service. Hence the complaint.
2. The respondent called absent and set exparte.
3. To prove the case of the complainant he filed an affidavit and produced Exhibits P1 to P4 documents.
4. According to the complainant he availed financial assistance from the respondent as per hire purchase agreement for the delivery of a Bajaj Boxer motor bike. He paid all the instalments as per the agreement and the respondent issued no objection certificate and the HP was deleted from the RC book. But the blank cheques and other documents were not obtained. After this he sold the said vehicle to another person in the year 2003. As it is the situation the respondents are threatening the complainant for the payment of dues. He received a notice from the respondent stating that the mater should settle on 23/12/08 at 9.30. The respondent did not send a reply notice to the notice dated 3/2/09.
5. There is no evidence to the contrary.
6. In the result the complaint is allowed and the respondent is directed to return the blank cheques and other documents given by the complainant and also to pay Rs.5,000/- as compensation and Rs.500/- as costs within one month from the date of receipt of copy of order.
Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 31st day of January 2011.
Sd/-
Rajani.P.S., Member
Sd/-
Padmini Sudheesh, President
Sd/- M.S.Sasidharan, Member
Appendix
Complainant’s Exhibits
Ext. P1 Notice dt 1/2/05
Ext. P2 Notice
Ext. P3 Lawyer notice
Ext. P4 Acknowledgement card
Id/-
Member
