<br /> <br /> BY SRI.R. VIJAYAKUMAR, MEMBER<br /> <br /> The complaint is filed to restrain the opp.party from seizing the vehicle bearing NO.KL.02 Q 7983 and for getting original RC book, Higher Purchase termination letter and duplicate key from the opp.party and compensation. <br /> <br /> <br /> <br /> The averments in the complaint can be briefly summarized as follows:<br /> <br /> The complainant availed a hire purchase loan for Rs.31,000/- from the opp.party and purchased a Hero Honda Passion Motor Bike 35 signed cheques of Kollam District Co-operative Bank, Pallimukku Branch were paid to the opp.party by the complainant as security. As per agreement on 7th date of every month cheque should be credited. Complainant kept adequate amount in his account for encashment of cheque till 7.8. 2006, which is the date of Termination of the agreement.<br /> <br /> On 15.10.2005 opp.party sent a notice to the complainant demanding to remit Rs.8864/-. The complainant has no knowledge on what basis the opp.party demanding this amount. Showing all these complainant sent a notice to the opp.party. Complainant went to the opp.party’s office and demanded termination letter, original RC book and duplicate key. But opp.party threatened sum to remit 9405/- otherwise the vehicle will be seized.<br /> <br /> The act of opp.party is unfair trade practice and there is deficiency in service on the part of the opp.party. Hence this complaint.<br /> <br /> Opp.party remained absent. Hence set exparte. Complainant filed affidavit, Ext. P1 to P3 were marked. The complainant was examined.<br /> <br /> The points that would arise for consideration are:<br /> <br /> 1. Whether there is any deficiency in service on the part of the opp.party<br /> 2. Reliefs and costs.<br /> <br /> <br /> <br /> Point 1 and 2<br /> <br /> <br /> As opp.party remained absent. We are constrained to relay with the evidence adduced by the complainant. The complainant could prove his case through the complaint, affidavit and exhibits. On a perusal of Exhibits we found that there is deficiency in service and unfair trade practice on the part of the opp.party.<br /> <br /> In the result the complaint is allowed. Opp.party is directed to issue termination letter and handover original RC book and duplicate key to the complainant and directed to pay Rs.1500/- as compensation and cost to the complainant. The order is to be complied with within one month from the date of receipt of this order.<br /> <br /> <br /> <br /> Dated this the 14th day of May, 2008.<br /> <br /> I N D E X<br /> <br /> List of witnesses for the complainant <br /> PW.1. – Sreejith<br /> <br /> List of documents for the complainant<br /> P1. – Repayment Schedule of the opp.party<br /> P2. – Demand Notice dated 7.12.2006.<br /> P3. – Photocopy of Pass book.<br />