Present:  1. Sri.P.K.Sasi, President.

                                 2. Smt. Sheena.V.V, Member.

                                 3. Sri.M.P.Chandrakumar, Member

                                       19^th   day of  June 2015

                                   C.C.555/14 filed on 10/10/14

Complainant         :         Jyothis P Varghese, S/o.Varghese Thomas,

                                      Pallikunnel House, Netaji Road, Marottichal,

                                      Thrissur.     

                                      (By Adv.Sinesh.A.B.,Thrissur)

Opposite Parties    :         1. M/s.Tata Motors Finance Ltd., Sreehari

                                          Complex, Aswini Junction, DNM Road,

                                          Thrissur, rep. by Branch Manager.

                                      2. Tata Motors Finance, Building A, 2^nd floor,

                                          Lodha I-Thik Techno Campus, Off.P.Kharan

                                          Road, 2, Thane (West), Maharashtra.

                                      O R D E R

By  Sri.P.K,.Sasi, President

          This is a complaint filed by the registered owner of a Lorry having Registration No.KL-08-BA-7208.  The case of the complainant is that he has availed a loan based on hypothecation agreement for purchasing a vehicle from the 1^st opposite party.  He has availed Rs.12,40,000/- which has to be repaid in 61 instalments of Rs.32,200/- every month.  It is admitted by the complainant that he has  defaulted 7 instalments at the time of filing this complaint.  The main grievance of the complainant is that even after repeated demands made by the  complainant the 1^st opposite party hesitated to issue  copy of hire purchase agreement to the complainant.  According to the complainant he has handed over so many  blank papers signed and unfilled to the 1^st opposite party for availing the financial assistance.  The complainant has received a lawyer notice dated 30/8/14 issued by the opposite parties.  The said vehicle was purchased by the complainant as a source of making livelihood and as a sole  source of income of the complainant.  He is the only bread winner of his family having mother and two unmarried sisters.  Due to financial difficulties his father committed suicide on 21/2/14.  It is stated in the complaint  that arbitration proceedings also initiated by the opposite parties based on the hire purchase agreement.  The allegation of the complainant is that the opposite parties has taken  arbitration proceedings in a very premature stage.  According to the complainant the concealing of hire purchase agreement from the complainant by the opposite parties amounts to deficiency in service on their part.  Hence this complaint is filed.

          2. Even after receiving the notice opposite parties continuously remained absent.  Hence set exparte.  Case was posted for complainant’s evidence.  Complainant filed proof affidavit in which he has affirmed all the contentions raised in the complaint.  He has produced six documents and marked as Exhibits P1 to P6.  Exhibit P1 is the copy of RC book of the vehicle, Exhibit P2 is the copy of tax paid receipt, Exhibit P3 is copy of certificate of insurance, Exhibit P4 is copy of lawyer notice issued by the opposite parties, Exhibit P5 is the copy of receipts of payment of instalments and Exhibit P6 is the copy of postmortem certificate.  We have perused the documents as well as the contentions of the affidavit.  However, opposite parties are set exparte, this is not a case in which all the prayers can be allowed as such.  According to the complainant he has already deposited Rs.50,000/-  before the Forum at the time of filing this complaint.  The 1^st prayer in the complaint is that to direct the 1^st opposite party  to furnish a copy of the  hire purchase agreement to the complainant.  The 2^nd prayer is to provide  them instalment facility to repay the balance amount and the 3^rd   prayer  is to restrain the opposite parties from forcibly seizing  the vehicle.  Considering the 1^st prayer it is his legal right to get copy of the hire purchase agreement  which cannot be denied by the opposite parties.  Regarding the instalment payment, we do not have any right to say to the opposite party to provide such a provision to the complainant.  Regarding the 3^rd prayer based on the hire purchase agreement the opposite party  can take possession of the vehicle by means of legal  measures.

          3. Believing the contentions raised in the complaint as well as proof affidavit, since there is no contra evidence adduced from the side of opposite party we finds that denial of the copy of hire purchase agreement to the complainant amounts to deficiency in service on the part of the opposite party.

          4. In the result we direct the opposite parties to provide a copy of the hire purchase agreement to the complainant within one month from receiving the copy of this  order. 

           Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 19^th  day  of June  2015.

          Sd/-                                Sd/-                                          Sd/-

M.P.Chandrakumar             Sheena.V.V.                               P.K.Sasi, Member                                 Member                                       President.

                                      Appendix

Complainant’s Exhibits

Ext.P1 Copy of RC book

Ext.P2 Copy of tax paid receipt

Ext.P3 Copy of certificate of insurance

Ext.P4 Copy of lawyer notice issued by the opposite parties

Ext.P5 Copy of postmortem certificate

Ext.P6 Copy of receipts of payment of instalments

                                                                                                      Id/-

                                                                                                President