(Per Shri Dhanraj Khamatkar, Hon’ble Member)
(1) This appeal takes an exception to the order dated 10/06/2005 passed by District Forum, Nashik in consumer complaint NO. 52/2005.
(2) The facts leading to this appeal can be summarised as under:-
The complainant had taken loan from the opponents for purchase of Hero Honda Splendor No.MH 15 BA 7424 amounting to `31,000/-. The loan was to be repaid within 30 installments @ `1,287/- per month. The complainant had deposited advance cheque of Vishwas Co-operative Bank, Nashik with the opponent. The complainant contended that the cheques for the month of January 2005, February 2005 were not encashed. The complainant further contended that the representative of the opponent met him on 25/02/2005 and instructed to meet the opponents. On the next date the same person with the help of other 4-5 persons had taken the possession of the vehicle. The persons were not having any identity proof that they were the representatives of the opponents. He tried to make payment to the opponents; however they instructed him to deposit the entire amount. Hence, he filed consumer complaint praying the possession of the vehicle and amount of `50,000/- for the mental agony and `5,000/- as costs.
(3) The representative of the opponent appeared before the District Forum, however he has not filed written version and evidence on affidavit. Hence, the District Forum proceeded with the complaint ex-parte.
(3) The District Forum after going through the evidence filed by the complainant came to the conclusion that the possession of the vehicle was taken without following the due process. Considering this deficiency in service on the part of the opponents, the District Forum ordered that the opponents should return the vehicle, if the complainant pays outstanding amount with interest and further gives the undertaking that he will pay all the installments as per the agreement and awarded cost of `200/-. It is against this order that the present appeal is filed.
(4) The matter was on sine-die list. The matter was placed before us on 02/09/2011, we directed the office to issue intimation to both the parties. Accordingly, intimations are issued to both the parties. However, both the parties remained absent. Since this is an old matter, we proceeded with the matter on merit. We have gone through the complaint, evidence filed by the complainant and the order passed by the District Forum. Admittedly, the respondent has taken a loan from the appellants and there was agreement for the repayment of the loan amount. Admittedly, the installments of January & February 2005 were not paid by the respondent and hence the appellants had taken possession of the vehicle. It is the contention of the respondent that while taking the possession of the vehicle, the appellants had not followed due process of law. Appellants, though appeared have not contested the complaint by filing evidence. Under the circumstances, the district forum proceeded ex-parte and decided the complaint on the basis of evidence filed by the respondent. We find that the order passed by the district forum is just and proper and there is no merit in the appeal. We hold accordingly and pass the following order.
ORDER
(1) The appeal is dismissed.
(2) The order passed by the District Forum, Thane is hereby confirmed.
(3) Inform the parties accordingly.
Pronounced on 15th November, 2011.
