Dtd.08.11.2023                                            A/1695/2022

O R D E R

            BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

1.    This is an appeal filed U/s.41 of CPA 2019 by Complainant/Appellant aggrieved by the order dtd.05.07.2022 passed in CC/54/2019 on the file of Kodagu District Forum, Madikeri.
2. The Commission examined grounds of appeal, impugned order, appeal papers and heard. The parties to this appeal will be referred in this appeal to their rank assigned to them by the Commission below.
3. In this appeal Complainant has sought for enhancement of compensation from Rs.5,000/- to Rs.1 lakh towards rendering deficiency in services and sought enhancement from Rs.5,000/- to Rs.25,000/- towards cost of proceedings. Further, he has sought for awarding cost of Rs.30,000/-. In view of the reliefs sought in this appeal it would be appropriate to make mention of the impugned order passed by the Forum below for better understanding whether such reliefs could be granted for the grounds set out in this appeal. The Forum below directed OP to issue NOC to the vehicle bearing reg.no.KA12P4966 Maruthi Alto K10 after collecting the balance three EMIs within 45 days from the date of receipt of this order, failing which, to pay compensation per day at Rs.200/- and directed to pay compensation of Rs.5,000/- towards mental agony and Rs.5,000/- towards cost of proceedings. It is this order, being assailed in this appeal by the aggrieved Complainant contending that, the Forum below failed to appreciate that the OP was adopted  dilatory tactics and restored to abuse of the due process of law. Further contending that the reasons assigned by the Forum below while passing impugned order are contrary to the facts and law. In other words complainant seeks impugned order is liable to be modified to award adequate compensation for rendering deficiency in services.
4. Let us examine the reliefs sought in the complaint filed U/s.12 of CPA 1986, wherein sought for issuance of directions to OP to provide NOC to the vehicle bearing reg.no.KA12P4966 and to award compensation for the loss, damages sustained and undergoing mental agony. The Forum below held an enquiry and considered the main relief thereby directed OP to issue NOC to the vehicle bearing reg.no.KA12P4966 Maruthi Alto K10 after collecting the balance of three EMIs within 45 days from the date of receipt of this order and on their failure awarded compensation at Rs.200/- per day payable to the Complainant by OP. We have to bear in mind that so far the OP has not questioned the said order before the Commission, as such it may not be appropriate to express any view on the said order.  The Complainant in his complaint has sought for award compensation for the loss and damages sustained for having undergone mental agony for which Forum below had awarded Rs.5,000/- and Rs.5,000/- respectively,  which according to the Complainant is not proportionate to his claim sought in his complaint for the grounds set out in the appeal memo. It is to be noted herein that Complainant is still due three EMIs and the Forum below considered his case sympathetically, directed  OP to provide NOC to the vehicle in question only after collecting the balance of three EMIs and on their failure to pay compensation of Rs.200/- per day.
5. It has come in the enquiry, as per Ex-P3, OP has issued a notice notifying him as on 04.07.2018 Rs.49,481/- was due to his account and they are due towards three EMIs. In such circumstances, before issuance of NOC as per terms and conditions of the Hypothecation–cum–Loan agreement, Complainant is bound to repay such outstanding due, yet, the Forum below sympathetically considered the case of complaint considering his age.   It is to be taken notice of the fact as on 25.07.2019, OP replied to the notice dtd.18.03.2019 to make payment of outstanding loan of Rs.56,208/- to issue NOC pertaining to the vehicle bearing reg.no.KA12P4966.  The copies of summary of loan for the vehicle in question and statement of account for the period ending 23.09.2019 also substantiated that the Complainant was still due to pay three EMIs and as per terms and conditions of Hypothecation-cum-Loan agreement he is bound to repay such EMIs to obtain NOC. In such circumstances, viewed from any angle compensation and cost awarded at Rs.5,000/- and Rs.5,000/- respectively by the Forum below does not call for any interference in this appeal for the grounds set out in the appeal memo. Hence proceed to dismiss the appeal with no order as to cost.
6. Notify copy of this Order to the District Commission and parties.

       Lady Member                              Judicial Member               

*NS*