By Sri. Chandran Alachery, Member:

The complaint is filed under section 12 of the Consumer Protection Act for an order directing the Opposite parties to allow the complainant to remit 1^st and 2^nd equal monthly instalments on last without interest and also directing the Opposite Parties to pay Rs.10,000/- as compensation and cost of the proceedings.

2. Complaint in brief:- The Complainant purchased an autorikshaw from 1^st Opposite Party and paid Rs.30,600/- as advance amount. The balance sale consideration will be paid by arranging loan from 2^nd Opposite party and the 1^st Opposite Party agreed to arrange the loan and agreed to deliver the vehicle within 5 days from 21.07.2014. The vehicle is delivered to the Complainant on 23.07.2014 and on the same day the Complainant entered into a loan agreement with 2^nd opposite party and fixed 60 instalments and 1^st instalment is Rs.7,265/- and other 59 instalments will be for Rs.6,900/- each. The 1^st instalments will start only after the expiry of 45 days from entering into loan agreement. On 25.08.2014, the Complainant received chart from 2^nd Opposite Party. The registration number of the vehicle is KL12J 5325. The starting date of EMI was not correct in the chart. The 1^st EMI as per chart is 02.07.2014. The Complainant purchased the vehicle on 23.07.2014. The 1^st EMI is shown before 21 days of delivery of vehicle. As per agreement, the 1^st instalment should be on 08.09.2014. No new chart is given by 2^nd Opposite Party as promised. On 04.03.2015, the 2^nd Opposite Party send notice to the Complainant to remit 1^st and 2^nd instalment. There is an error in chart but 2^nd Opposite party not corrected error. Aggrieved by this, the complaint is filed.

3. On receipt of complaint, notices were issued to Opposite parties and 2^nd Opposite party appeared before the Forum and filed version. 1^st Opposite Party not appeared and 1^st Opposite Party is set exparte. In the version of 2^nd Opposite party, 2^nd Opposite Party stated that the Complaint is barred by Arbitration and Conciliation Act 1996. The 2^nd Opposite party denied the allegation in the complaint that the Complainant approached 1^st Opposite party and paid Rs.30,600/- and the balance will be arranged by arranging loan from 2^nd Opposite party etc. 2^nd Opposite party denied the averment that the vehicle is delivered to the Complainant on 23.07.2014. So also the averment that the EMI will start after 45 days of agreement is also denied by 2^nd Opposite Party. The 2^nd Opposite party stated that the Complainant availed a loan from 1^st Opposite party as per agreement dated 30.05.2014. The total loan was Rs.2,49,050/-. The Complainant has to repay Rs.4,14,682/- in 60 instalments. It includes finance charge of Rs.1,34,612/-, insurance Rs.31,000/-. The Complainant is irregular in repayment and has paid only 46,237/- till date. An amount of Rs.45,600/- is due from the Complainant. The loan amount is disbursed to the 1^st Opposite party on 30.05.2014. The 2^nd Opposite party has not promised anything as stated in the complaint. The 1^st instalment will start on 02.07.2014 which is after one month from the date of agreement. There is no deficiency of service from the part of 2^nd Opposite party.

4. On perusal of complaint, version and documents, the Forum raised the following points for consideration.

1. Whether there is deficiency of service from the part of Opposite Parties?

2. Relief and cost.

5. Point No.1:- The Complainant filed proof affidavit and is examined as PW1 and documents are marked as Ext.A1 to A4. The 2^nd Opposite Party did not adduced any oral evidence and not marked any document. Ext.A1 shows that the Complainant paid Rs.30,600/- to the 1^st Opposite party on 21.07.2014. Ext.A2 is the vehicle order form dated 21.07.2014. Ext.A3 is the chart showing 1^st instalment starts from 02.07.2014. In the cross examination of Complainant, the Complainant deposed that the vehicle is purchased on 30.05.2014 and stated that he had signed the agreement later. More over, the Complainant stated that he do not know that on which date the 2^nd opposite party gave the loan amount to 1^st Opposite party. The Complainant again stated that he received loan chart before the date of delivery of vehicle from 2^nd Opposite party. The Complainant did not produce any document to show that 1^st instalment will start only after 45 days from the date of receipt of vehicle. According to the Forum, the Complainant have to remit the entire instalments as per chart. The Complainant admitted in cross-examination that he had booked the vehicle on 30.05.2014 and he had signed the hire purchase agreement with 2^nd Opposite party thereafter. The Complainant also stated that the 2^nd Opposite Party gave a receipt to the Complainant on 30.05.2014. The 2^nd Opposite Party stated in the version that the complainant entered into hire purchase agreement on 30.05.2014 and the 1^st instalment will start after one month on 02.07.2014. The forum on analysing the evidences found that the contention of 2^nd Opposite Party is correct. The Complainant failed to prove his case with convincing and cogent evidences. So the Forum did not find any deficiency of service from the part of Opposite Parties. Point No.1 is found accordingly.

6. Point No.2:- Since point No.1 is found against the Complainant, the Complainant is not entitled to get cost and compensation.

In the result, the complaint is dismissed. No order as to costs.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Forum on this the 17^th day of September 2015.

Date of Filing:02.05.2015.

PRESIDENT :Sd/-

MEMBER :Sd/-

MEMBER :Sd/-

/True Copy/

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witness for the complainant:

PW1. Anoop. Complainant.

Witness for the Opposite Parties:

Nil.

Exhibits for the complainant:

A1. Temporary Receipt. dt:21.07.2014.

A2. Customer Order Form (TATA).

A3. Pattern of monthly installments.

A4. Copy of Letter. dt:04.03.2015.

Exhibits for the opposite Parties.

Nil.