SMT.K.G.BEENA, MEMBER

            The complainant is alleging unfair trade practice and deficiency in service on opposite parties as they have not returned the security cheques even after closing the vehicle loan.  Opposite party No.1 sent a lawyer notice demanding Rs.2,40,000/- in connection with the loan transaction and filed a complaint before CJM Court, Kasaragod as CC.327/2009. Fed up with the harassments on the side of opposite parties complainant filed this complaint.

2.         Opposite party No.1 filed version admitting the loan cum hypothecation agreement agreeing to repay the same with 48 monthly instalments. On its  default he is liable to pay penal interest.  Complainant is bound by all the terms and conditions. Complainant has totally  disobeyed and defaulted the terms and conditions.  The provisions of Consumer Protection Act is not applicable to the facts of the case.

3.         Opposite party No.2 filed version stating that he has purchased the vehicle from the complainant after consultation with opposite party No.1. After paying two or three instalments he surrendered the vehicle as per the advice of opposite party No.1.  At the time of handing over the vehicle to opposite party No.2, they informed that nothing is outstanding in the loan transaction.

4.         Complainant filed proof affidavit.  Exts A1 to A9 marked.  Complainant is cross-examined by the counsels opposite parties. Opposite parties also filed proof affidavit and cross-examined by the counsel of complainant.  Exts B1 to B15 marked.  Both sides heard and documents perused. Complainant availed a vehicle loan from opposite party No.1 on 5-8-2006 for a sum of Rs.3,56,000/-  by executing a loan-cum-hypothecation agreement Ext.B1 agreeing to repay the same with interest by 48 monthly instalments.  At the time of availing the loan opposite party No.1 demanded 3 signed blank cheques form the complainant. Complainant remitted about 20 instalments towards the loan amount without default. Thereafter the complainant transferred the vehicle to opposite party No.2 was the permission of opposite party No.1 with a condition to repay the remaining instalments.  After some time opposite party No.1 repossessed the vehicle from opposite party No.2 and sold the same after valuing the vehicle by a valuer, report is i.e. Ext.B5 and complying all formalities for Rs. 3,10,000/- in public auction in 2008 and the sale consideration adjusted to the outstanding loan amount.  Opposite party No.1 intimated that the entire loan transaction is over by the said sale of the vehicle and the security cheques will be returned to the complainant soon.  Thereafter in 2009 April opposite party No.1 sent a lawyer notice demanding Rs. 2,40,000/- on the basis of out of the security cheque marked as Ext.A1 for which complainant sent a correct reply which is marked as Ext.A2.  Postal acknowledgment  card marked as Ext.A3.  Cash receipts issued by opposite party No.1 to the complainant is produced and which is marked as Ext.A4 to A9.  By misusing the security cheques collected from the complainant opposite party No.1 filed a criminal case U/s 138 of Negotiable Instrument  Act before Judicial First Class Magistrate, Kasaragod as CC No.327/2009.  Ext.B3 and B4 are the sale quotations received paper publication was given in a daily in respect of auction of the vehicle which is marked as Ext.B6 copy of the complaint filed U/s 138 of Negotiable Instrument Act is Ext.B7.  Statement of Accounts showing  transactions dated 24-12-2008 is Ext.B10.

            While going through the complaint, affidavit, version and documents produced by both parties it is clear that opposite parties had given all opportunities to the  complainant for closing the loan.  But the complainant was negligent in settling the loan dues.  In the circumstances we cannot see any deficiency in service on the part of opposite parties.  Hence the complaint fails and it is dismissed.

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MEMBER                                                                                                     PRESIDENT

Exts.

A1.  06-04-2009 Copy of lawyer notice.

A2.  24-04-2009  Reply notice.

A3.  Postal acknowledgement card

A4 to A9 HP/Lease Acknowledgement slips.

B1. Loan Cum Hypothecation Agreement

B2. Photocopy of Award dt. 8-7-10 In A.O.P.31/2010

B3. 9-5-2008 sale quotation received from Majeed.

B4. 7-5-2008 Sale quotation received from Vinod

B5. 26-5-2008 Valuation certificate of motor vehicle registration Number KL-60/843

B6. 21-4-2008 Paper Publication in Karavel Daily News paper

B7 copy of complaint filed before the C.J.M.Court, Kasaragod

B8.6-4-2009 Notice copy

B9. Arbitration copy filed before the Arbitrator Sri.N.K. Vijayan, Thalessary Dist & Session Judge Rtd

B10. Shriram Transport Finance Company Ltd, Account Statement

B11.29-1-2008 Copy of intimation letter

B12.  Presale notice.

B13. 9-5-08 letter issued to the complainant.

B14.  Copy of Execution Petition filed before the Dist. Judge of Kasaragod

B15. Copy of Details of the agreement.

PW1. K.H. Ibrahim.

DW1.Jinson

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MEMBER                                                                                                    PRESIDENT

Pj/                                                                                Forwarded by Order

                                                                           SENIOR SUPERINTENDENT