KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM FIRST APPEAL 2/2010 JUDGMENT DATED: 24..2..2010 PRESENT JISTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.M.K.ABDULLA SONA : MEMBER Shriram Investments Ltd., : APPELLANT 1st Floor, Kooturat Tower, Court Road, Manjeri. (By Adv.R.Jayakrishnan) vs. Sasidharan.K, : RESPONDENT Kuruthodiyil House, Mankadu, Pallippuram.P.O., Koottilangad, Malappuram. JUDGMENT JISTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellant is the opposite party/financer in OP.21/2004 in the file of CDRF, Malappuram. The appellants are under orders to pay a sum of Rs.8500/- towards compensation and Rs.1000/- as costs. 2. The case of the complainant is that he had availed finance from the opposite parties for the purchase of a Swaraj Mazda Bus Chassis for earning his livelihood. He was made to sign in a number of blank papers. The chassis was taken to Yamuna Body Works near Manjeri. It is the case that after the body building was completed the opposite parties took possession of the vehicle and sold the same . He also already paid to the body builder Rs.1,15,000/- and Rs.15000/- towards the 1st installment to the opposite parties and that he has to Rs. 35000/- balance to the body builder. It is alleged vehicle was repossessed by opposite party from the garage to the body builder. He has also been demanded to pay Rs.3,89,785/- towards the loan. 3. The opposite parties has contended that the amount as per the payment schedule was not paid. According to them vehicle was surrendered. 4. The evidence adduced consisted of the testimony of PW1; Exts.A1 to A7. No evidence was adduced by the appellant/opposite parties. 5. We find that the forum below has considered the matter in detail. The vehicle was repossessed by the opposite parties/appellant from the garage where it was stationed for body building works. The Forum has particularly stressed the fact that the complainant could not use the vehicle even for a single day. Evidently the appellant did not provide even breathing time to the complainant to remit the amounts due. The case of surrender of the vehicle can not be believed. We find that the amount ordered to be paid as compensation is only Rs.8500/-. In the circumstances we find that there is no scope for admitting the appeal. It was also to be noted that the matter was once remanded by this Commission and disposed off by the Forum afresh. 6. In the result the appeal is dismissed in limine. Office is directed to forward a copy of this judgment to the Forum urgently JISTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.M.K.ABDULLA SONA : MEMBER PS | 
