This complaint  having come up for final hearing before us on 11.02.2015  on perusal of the material records  and on hearing the  arguments of  Thiru.P.S.Pandi, the counsel for the complainant and  Thiru.S.Rajaprabu, the counsel for the  opposite parties and subsequently   remaining ex-party  and having stood  before us for consideration, till this day the Forum  passed the following

By President, Thiru..P.G.Rajagopal, B.A.B.L., 

                       This complaint is filed by the complainant u/s 12 of the Consumer Protection Act 1986.               

                   2) The gist of the  complaint filed  by the complainant  is that  he purchased a TVS Super XL Two wheeler from M/S. Athavan Motors, Ayyampettai and he paid Rs. 5000/- and Rs. 6565/- on 9.2.2011 and 22.2.2011 respectively and  the balance of Rs. 12,435/- and one Ganesh Raja, Agent of the opposite parties offered to advance loan for the purchase of the vehicle and they advanced loan of Rs. 11,715/- after getting the signature of the complainant on many blank papers and on various  blank cheques.  The opposite party has recovered a sum of Rs. 2200/- on 29.04.2011,  Rs. 2140/- on 27.05.2011, Rs. 2140/-  on 11.06.2011, Rs.3864/- on 25.07.2011, Rs.2150/- on 28.09.2011 and Rs. 2140/- on 19.08.2011 to talling Rs. 14,544/- by way of  filling up the blank cheques presented by the complainant and when the complainant was out of    station,   the  said  agent Ganesh Raja and two henchmen went  to his house  and threatened the  wife of the complainant that still there is a balance of Rs. 4280/- towards the balance of the loan amount and that amount  has to be paid along with late fee of Rs. 130/- failing which the consequences will be very bad  and threatened  the wife  on 25.10.2011 and  on 4.11.2011  when the complainant and family members  had been out  of their place for  worshipping their deity  at a different place the said Ganesh Raja  with the help of his henchmen broke open  the house and the complainant and took away the vehicle  stealthily using  the duplicate key entrusted   with them without  giving prior notice or intimation of  their seizure of the vehicle. On the complainant’s  giving  a complaint before the police station, Ayyampettai on  5.11.2011  the said agent Ganesh Raja contacted the complainant and asked him to withdraw the complaint and pay the said sum of Rs. 4410/- to Ganesh Raja who  on receiving the amount  told him to get the vehicle from their Kumbakonam office as he was got having the receipt book with him.Whenthecomplainantcontacted the Manager on03.03.2012the latter told him to conduct the said Ganesh Raja to get the vehicle.Even after 10 months from the said date even after lapse of 10 months the complainant could notgetback his vehicle bearing registration No.TN.68C 2248 and he issued a notice through his lawyer to the opposite parties calling upon them to returnthe vehicle within 10 days from the date of the receipt of the notice andto pay Rs.2,00,000/- towards compensation for the mental agony and expenditure incurred by him in that regard.The first and 2^nd opposite parties had received their notice on 10.09.2012 and15.09.2012 respectively, butthey neither sent a reply nor returned the vehicle. Hence the complainant prays for an order to direct the opposite parties to redeliver the vehicle seized by him illegally and to pay Rs.2,00,000/- towards compensation for the mental agony, hardship and expenditure incurred by him owing to the deficiency of service of the opposite parties and to grant such and other relief as this Forum would deem fit.

3) Notice of the complainthad been served on the opposite parties and Mr.S.Rajaprabu, Advocate filed vakalat with them, but subsequently written version had not been filed despite numerous adjournments grantedthere for and finally the opposite parties were set ex-party on 27.08.2014.

4. The complainant has filed his proof affidavit re iteratingall the averments made in his complaint and has filed 7 document swhich are marked as Ex.A.1 to Ex.A.7 in support and proof of his claim in his complaint.Written arguments have also been submitted by the complainant.

                  5)   The points for Determination are:

                        1)  Whether there is deficiency of service on the part of the opposite parties?

                        2) Whether the complainant is entitled to any relief? If so to what relief?

6)  POINT  NO.1:-   The complainant has filed Ex.A.1three receipts for the payment of Rs. 12,285/- to M/s.Athavan Motors, the authorized dealer of TVS Two wheeler towards purchase of the two wheeler.Ex.A.2 is the bunch of receipts for various payments made by the complainant to the first opposite party towardsloan amountborrowed by him for the purchase of the said two wheeler, to talling Rs.14,634/-.Ex.A.3 is the delivery note issued bythe dealer Athavan Motors for the delivery of the vehicle to the complainant.Ex.A.4 is the Xerox copy of the registration certificateof the two wheeler bearing registration No. TN.68C 2248.Ex.A.5 is the bill for the purchase ofaccessories for the two wheeler.Ex.A.6 is the office copy of the notice sent by the complainant’slawyer to the opposite parties and Ex.A.7 is the postal acknowledgement cards received by the opposite parties.

7) The allegation of thecomplainant is that in spite ofthe repayment of the loan amounton various instalments,one Ganesh Raja, theagent of the opposite partieswith the help ofhenchmen had unlawfully taken awaythe two wheeler from his house during theabsence of himselfand his familymembers without giving any prior notice or intimation and on his givinga complaint before the police officials, Ayyampettai, the said Ganesh Raja asked him to pay the balance of Rs.4410/-for return of the vehicle and in spite ofthe complainant’s payment the saidamount,Ganesh Rajawent away asking him toget the vehicle from the second opposite party at Kumbakonam. But even after10 months the complainantcould nottrace out the vehicle andget it backfrom the opposite parties.Hence the opposite parties have been deficient in their service by unlawfully seizingthe vehicle from his custody and thereforethey are liable to return the vehicle andto pay the compensation of Rs.2,00,000/- for the mental agony and expenditure incurred by him.Having receivedthe complaint and engaged a counsel for themin this complaint, the opposite partiessubsequently have not chosen even to file their written version and have remained exparte.Their very remainingexparte in this complaint would go toshow that they havenodefence or objection with respect to the averments made bythe complainant in this complaint.Therefore, thecomplainant’s version that the opposite parties have unlawfully seizedthe vehicle from himdespite his discharge of the loan amount due to them is deemed tobe admittedby the opposite partieswho have been set exparte.Therefore this Forumwithout any hesitation finds that the opposite parties are deficientin their service by unlawfully seizing the vehiclewithout notice and knowledge of the complainant despite the discharge of the loan amount

8) POINT No.2: In the result, the complaint isallowed in part.The opposite parties aredirected to return thevehicle in good condition to the complainant within 30 days from the date of this order and also payRs.25,000/- (Rupees Twenty five thousand only) towards compensation for the mental agony, inconvenience, hardship and expenditure of the complainant owing to the deficiency ofservice of the opposite parties within 30 days from the date of this order, failing whichthe said amount shall carry interest at the rate of 12% per annum from the date of this order till date of its payment.The opposite parties are also further directed to pay a sum of Rs. 2000/- (Rupees two thousand only) towards cost of this litigation to the complainant.

                  This order was dictated by me to the Steno-Typist, transcribed by her and corrected  and pronounced by me on this  25th  day of  February 2015.

MEMBER -I                                                                                                 PRESIDENT

List of documents on the side of the complainant:-

List of documents on the side of the   Opposite parties :    NIL