<br /> D.o.F: 7/8/06<br /> D.o.O:17/9/08<br /> IN THE CONSUMER DISPUTES REDRESSAL FORUM KASARAGOD<br /> CC.NO.89/06 <br /> 17th day of September 2008<br /> <br /> PRESENT;<br /> SRI.K.T.SIDHIQ : PRESIDENT<br /> SMT.P.RAMADEVI ; MEMBER<br /> SMT.P.P.SYAMALADEVI : MEMBER <br /> <br /> C.Abdulla,<br /> S/o Ibrahim,<br /> Cherunni House, Movvar, ; Complainant<br /> Kumbdaje.<br /> <br /> 1.P.K.Abdul Hameed, Proprietor,<br /> Imnaz Motors& Services Pvt.Ltd,<br /> Ashiyana Complex, 2nd floor, ; <br /> Opp. Telephone Bhavan,<br /> KPR Rao Road,Kasaragod Opposite parties <br /> <br /> 2.Sounagyalaxmi Finance Ltd,Kannur. :<br /> <br /> ORDER<br /> SRI.K.T.SIDHIQ ; PRESIDENT:<br /> In brief, the case of the complainant, Abdulla is that he joined in a scheme introduced by Ist opposite party. As per the scheme the members shall pay Rs.1500/- each for 36 months and on payment of 15th instalment, Ist opposite party will provide one Victor GL Motor Bike along with R.C in the name of the complainant. Accordingly the bike is provided, the R.C disclosed that the said bike is hypothecated to 2nd opposite party Soubagyalaxmi Finance Ltd. Kannur. On enquiry made by Abdulla, it was told by Abdul Hameed that it is the internal arrangement between Abdul Hameed and Soubagya Laxmi finance Ltd and Abdulla need not bother about it and the hypothecation endorsement will be cancelled at the end of instalment payment and Abdul Hameed is responsible for that. Abdulla had paid the instalments of the scheme of Abdul Hameed and requested the clearance letter through post on 19/7/04, but there was no response from Abdul Hameed. Since Abdulla had no direct connection with SoubagyaLaxmi Finance Ltd, he was searching for Abdul Hameed. But to the surprise of Abdulla , the agents of 2nd opposite party seized the Motorcycle on 18/5/06 without any intimation . Abdulla had already settled all the instalments with Abdul Hameed and there are no dues from him. The Soubagyalaxmi Finance Ltd is a stranger and they have no right to seize the vehicle and it amounts to deficiency in service. Hence the complaint praying for an order directing Abdul Hameed and Soubagyalaxmi Finance Ltd to return the vehicle and to issue clearance certificate in respect of the motor cycle Reg.No.KL-14/D 1844 or to pay a sum of Rs.54000/- with interest @12% other allied reliefs.<br /> <br /> 2. Notice to opposite parties were issued by Registered post. Eventhough 2nd opposite party entered appearance through a counsel, they did not file any version and remained absent during subsequent proceedings. Even after repetition of notice on 14/3/08, they failed to appear. Hence after several postings on 12/8/08 Soubagyalaxmi Finance Ltd,Kannur was set exparte. As the notice to Abdul Hameed returned with postal endorsement ’ not known’ , publication of notice against Abdul Hameed was ordered, accordingly Abdulla produced the paper publication of notice against Ist opposite party. Even then Abdul Hameed remained absent on the date mentioned in the notice and therefore he was set exparte.<br /> <br /> 3. Abdulla filed affidavit reiterating what is stated in his complaint and Exts.A1 to A6 marked. Ext.A1 is the copy of the RC book relating to the motor cycle KL-14/D 1844. Ext.A2 is the membership coupon of Ist opposite party’s firm Imnaz Motors & Services Pvt.Ltd. Ext.A3 is the copy of registered lawyer notice dtd.19/7/04 issued to Abdul Hameed. Ext.A4 is the unclaimed registered lawyer notice with acknowledgment. Exts.A5& A6 are series of payment charts evidencing payment to opposite party No.1 firm. Exts.A5&A6 would goes to show that Abdulla has paid the instalments as stipulated. Claim of Abdulla is proved.<br /> <br /> 4. This complaint is a best example for the grossest deficiency in service on the part of the opposite parties. Abdulla lost both his motor cycle and money for no fault on his side. The Soubagyalaxmi Finance Ltd seized the vehicle by engaging agents, through illegal means as against the directions of the Hon’ble Supreme Court and the National Consumer Disputes Redressal Commission in 2008 CTJ 677 (Supreme Court) CP and III (2007)CPJ 161(NC) respectively.<br /> <br /> Therefore, we allow the complaint and the opposite parties, Abdul Hameed and Soubagya Laxmi Finance Ltd, are jointly and severally directed to pay Rs.54,000/- to Abdulla with interest @12% per annum from the date of complaint till payment. They are also directed to pay Rs.2500/- towards the cost of these proceedings. Time for compliance of the order is limited to 30 days from the date of receipt of copy of the order.<br /> <br /> MEMBER MEMBER PRESIDENT<br /> Exts:<br /> A1-Copy of R.C<br /> A2-Membership Coupon issued by OP.1<br /> A3-19/7/04- Office copy of lawyer notice<br /> A4-unclaimed registered notice<br /> A5&A6-series of payment chart.<br /> <br /> MEMBER MEMBER PRESIDENT<br /> eva/ <br /> <br /> <br /> <br /> <br /> <br /> <br />