JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:  PRESIDENT

The appellants are the opposite parties in CC.165/06 in the file of CDRF, Idukki.  The appellants are under orders to pay a sum of Rs.20,000/- as compensation and Rs.1500/- towards cost.

2. It is the case of the complainant that the motor cycle purchased by him availing a loan of Rs.39,500/- from the opposite parties was forcibly re-possessed and sold although he had remitted the instalments in time.

3. The opposite parties/appellants have contended that all the cheques issued for repayment of instalments were dishonoured.  According to them re-possession was made after giving notice to the complainant and as per the terms of the agreement.  It is also mentioned that before selling also notice was issued.  According to the opposite parties only the initial payment of Rs.10,000/- was made.

4. The evidence adduced consisted of the testimony of PW1 and Exts.P1 to P4. 

5. The appellant has sought for an opportunity to reagitate the matter.  It is submitted that the opposite parties could not cross-examine the complainant or produce documents and that the Forum disposed of the matter so fast without giving sufficient opportunity to the appellants to contest the matter.

6. We find that even the loan agreement has not been produced .

7. In the circumstances we find that the matter requires re-consideration. The order of the Forum is set aside on condition that the appellant pay a sum of Rs.4000/- towards cost to the complainant or remit the same before the Forum which can be withdrawn by the complainant.  On payment of cost the Forum will permit the opposite parties to contest the matter and dispose of the case on merits.

The case stands posted before the Forum on 22/9/2010.

The office will forward the LCR along with the copy of this order to the Forum.

JUSTICE K.R. UDAYABHANU:   PRESIDENT

VL.