Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member

       Heard Mr.Ashutosh Marathe-Advocate for the appellant.

       Notice to the opponent was sent on 17/09/2011.  Mr.Marathe-Advocate files service affidavit of Mr.Suresh Pandurang Salve.  Also perused postal receipt dated 17/09/2011.  Service on respondent is held good.  Therefore, we proceed further to hear the appeal in absence of respondent. 

        This appeal arises out of order dated 17/04/2010 passed in consumer complaint no.324/2009, Mr.Ashok Mesaji Kamble V/S. Branch Manager, HDFC Bank, Andheri (E), Mumbai. Alleged deficiency in service pertains to arbitrarily taking possession of the vehicle on 24/12/2008.  At that time only two installments of the loan of `4,400/- each were due.  On 26/12/2008 itself complainant paid those installments and when he went to the bank along with remaining amount of `34,000/-, bank refused to accept the same and also did not hand over him the vehicle.  Therefore, consumer complaint was filed. During the trial before the forum, opponent preferred to remain absent and, therefore, considering the evidence led on behalf of the complainant, forum directed to pay `59,452/- along with interest @ 9% p.a. since vehicle was not returned and also further directed to pay compensation of `5000/- and cost of `1500/-. Feeling aggrieved thereby opponent preferred this appeal.

          There is absolutely no reason stated as to why the appellant preferred to remain absent and did not contest the matter before the forum.  Under the circumstances, on the basis of the evidence led, the forum rightly concluded and directed compensation considering the loss of the vehicle.  We find no reason to take a different view than what has been taken by the forum. Holding  accordingly, we pass the following order:-

                                      ORDER

Appeal stands dismissed.

No order as to costs.

Copies of the order be furnished to the parties.  

Pronounced on 12^th October, 2011.