By. Sri. Jose. V. Thannikode, President:-

The complaint is filed under section 12 of the Consumer Protection Act against the opposite party to not to seize the vehicle till disposal of complaint and to issue purchase agreement, payment schedule, proper payment chart, proper receipt for the installments and to return back the cheques and to pay cost and compensation for the deficiency of service.

2. Brief of the complaint:- The complainant is the R.C. Owner of the vehicle KL-12-G-3619 Tipper, 2012 model, which is registered with R T 0, Wayanad. The complainant has purchased the above said vehicle for the purpose of his livelihood by way of self employment. The 2^nd opposite party has contacted the complainant over telephone and subsequently approached him directly along with another person at his residence and convinced the complainant that they are the executives of the 1^st opposite party and they have canvassed the complainant to avail vehicle loan from the 1^st opposite party company promising that the interest rate is very low comparing with the interest rate of other finance companies, no hidden charges, overdue interest etc., Besides, easy repayment facility at economy rate and spot collection was also assured by the opposite parties. Since the complaint was also in need of some financial assistance, he believed the version of the 2^nd opposite party and decided to avail loan from the 1^st opposite party. The complainant had availed an amount of Rs.6,00,000/- from the 1^st opposite party by hypothecating his vehicle KL-12-G-3619 Tipper. The 1^st opposite party has obtained three blank signed cheque leaves of the complainant and the documents of the landed property of the guarantor who is none other than the mother-in-law of the complainant. Though the amount was disbursed in the month of October 2013, the opposite parties have not issued any hire purchase agreement or payment chart to the complainant. It was orally communicated that the repayment towards the loan amount is to be started by 30^th of October itself and the complainant was instructed to deposit the amount in the account number provided by 2^nd opposite party stating that the complainant can deposit whatever the amount in the said account on condition that the total amount for one month will not be less than Rs.26,000/-. It was also assured that they will issued the payment chart as early as it possible and advised the complainant to continue the repayment on the 30^th of every calendar month. Believing the words of the opposite parties the complainant has deposited an amount in the account of the 2^nd opposite party and also paid two installments directly to the 2^nd opposite party when he came in the Wayanad District for collecting the finance installment amount. The opposite parties has not issued any receipts for the payments. After September 2O14 the complainant could not effect the loan repayment due to some financial problem and shortage of works. In the month of November itself the seizing agents of the 1^st opposite party has approached the complainant and threatened that they will seize the vehicle if he is not paying the loan installment due on the said date itself.

3. The complainant has somehow managed to return the said agents of the 1^st opposite party with undertaking that he will pay the amount as early as possible. They have also furnished another account number by way of message to deposit the amount. By the end of November, when the collection agent of the 1^st opposite party approached, the complainant has offered an amount of Rs.26,000/- being one installment amount, but the agent has not received the amount stating that since there is due for two installments he is having specific direction not to receive the amount if the complainant is not paying a total amount of Rs.56,000/- including the penal interest for defaulted payment. So the complainant through his friend Sudeep, S/o.Surendran, Pattukulam House, Muttil, has deposited an amount of Rs.25,000/- on 04-12-2014 in account number 10622507805 of State Bank of India, Medical College Branch which was furnished by the opposite parties and he has informed the matter to the manager of the opposite party also. But after some time the said Sudeep has received a reply telephone call from the manager of the opposite party that they will not consider the amount into the loan account of the complainant since the amount deposited is too short as they have instructed and on the request of the complainant the opposite party has extended one week time for the payment of the entire dues. On 09-01-2015 the complainant along with his friend has approached the opposite party with an amount of Rs.53,000/- being two installment dues but the opposite parties has not received the amount for the same reason that the amount do not include the penal interest on the defaulted payments. On 11-01-2015 by about 6.00 pm the seizing agents of the opposite party has tried to seize the vehicle which was prevented timely interference of the complainant. The opposite party is charging exorbitant interest over the loan amount. Due to the constant threat on the side of the opposite parties the complainant is not in a position to ply the vehicle on road peacefully. The complainant is ready to deposit an amount of Rs.53,000/- being two installment dues of the loan amount. The above acts of the 1^st opposite party is nothing but deficiency of service. The complainant has suffered a lot of economic losses and had to undergone much mental agonies due to the deficiency of service and unfair trade practice exercised by the opposite parties. Since the loan transactions were done at Kaniyambetta and thereafter at Kambalakkad and Kainatty by the agent of the 2^nd opposite party, this Honorable Forum is having jurisdiction to try the above case. Hence filed this complaint.

4. Notice were served to opposite party No.1 on 26.01.2015 and opposite party No.2's notice returned stating that unclaimed till 20.03.2015. Opposite party No.2 not appeared and not filed version before the Forum. Hence opposite party No.2 is set ex-parte on 20.03.2015 and proceeded with the case.

5. Complainant filed proof affidavit and stated as stated in the complaint and examined as PW1 and Exts.A1 to A6 were marked. Ext.A1 is the Copy of Registration Certificate for the vehicle for the vehicle KL 12 G 3619. Ext.A2 is the Contract Carriage Permit for the said vehicle. Ext.A3 is the copy of Insurance Certificate and Ext.A4 series are the counter foils of deposits to Rahul in SBI, Kottathara Branch for Rs.1,27,000/-. Ext.A5 is the Postal Cover Receipt by the complainant from Arbitrator. Ext.A6 is the Notice received by the complainant which is send by the Arbitrator.

6. On considering the complaint, affidavit and documents the Forum raised the following points for consideration:-

1. Whether there is any deficiency of service from the part of opposite party?

2. Relief and cost.

7. Point No.1:- Since the opposite parties are ex-parte the allegation in the complainant can be believed in toto. Hence the Forum if of the opinion that the non supply of purchase agreement, payment schedule, proper receipts for the payment is a deficiency of service from the side of opposite parties and keeping blank signed cheques with the opposite party and attempt to seize the vehicle is an unfair trade practice from the side of opposite parties.

8. Point No.2:- Since the Point No.1 is found against the opposite parties, they are jointly and severally directed to supply the purchase agreement, payment schedule, proper receipts for the payment with cost and compensation.

In the result, the complaint is partly allowed and the opposite parties are jointly and severally directed to supply purchase agreement, payment schedule, proper receipts for the payment and to return back the blank signed cheque leaves to the complainant and also directed to pay Rs.25,000/- (Rupees Twenty Five Thousand) as compensation and Rs.3,000/-(Rupees Three Thousand) as cost of the proceedings. The opposite parties can withdraw the amount already deposited before the Forum by the complainant and credit in the complainant's account as on which date it is deposited before the Forum. The Opposite parties are directed to comply the Order within one month from the date of receipt of this Order.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 15^th day of June 2015.

Date of Filing:14.01.2015.

PRESIDENT :Sd/-

MEMBER :Sd/-

MEMBER :Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witness for the complainant:-

PW1. Ajith Baby(Affidavit). Complainant.

Witness for the Opposite Parties:-

Nil.

Exhibits for the complainant:

A1. Copy of Registration Certificate.

A2. Copy of Contract Carriage Permit.

A3. Copy of Insurance Policy Certificate.

A4(Series). Counter Foils (4 Nos).

A5. Postal Cover.

A6. Notice. Dt:10.03.2015.

Exhibits for the opposite parties:-

Nil.

Sd/-

PRESIDENT, CDRF, WAYANAD.

a/-