By. Smt. Bindu. R, President:

            The above complaint is filed by Sajeesh. K. J, Koodathinal House, Vilambukandam, Anjukunnu Village against the Manager, Wayanad Vehicles Private Limited and the Fortune Integrated Assets Finance Limited as Opposite Parties alleging deficiency of service on their part.

            2.  The case of the Complainant in brief are as follows:-  The Complainant states that he is an autorickshaw driver and on knowing his desire to purchase an autorickshaw for his livelihood, the field marketing staff of the 1^st Opposite Party approached the Complainant and lured and temptered him saying that the Piagio Passenger Autorickshaw is the best in the industry and it is said by the staff that they are having their own finance company as its sister concern.  It is also stated by them that the rate of interest of the said finance company is lesser than that of any other financiers in the field.  The Complainant arrayed the above parties as 1^st and 2^nd Opposite Party in this complaint. 

            3.  Complainant states that believing the promises, the Complainant purchased a Piagio Passenger Autorickshaw from the 1^st Opposite Party and the same was registered in the RTO Mananthavady as KL 72 C 6112 and halting place was assigned at Vilambukandam and the Complainant also states that the Complainant and his family are depending on the income receiving by plying the autorickshaw.

            4.  The Complainant states that the total price of the vehicle was Rs.2,66,000/- and the Complainant paid Rs.50,000/- as down payment and the balance amount of Rs.2,16,000/- was agreed to be financed by 2^nd Opposite Party and consequently the documents including blank signed papers, blank signed cheque leaves (10 Nos) and blank signed stamp papers were also given by the Complainant to 1^st Opposite Party.  Thereafter the vehicle was released and the sales executive of the 1^st Opposite Party at the 1^st stage had stated that the finance was arrayed through them for which they have received due commission also.  They have also arranged the insurance of the vehicle for which amounts were received by them from the Complainant. 

            5.  Complainant further states that the Complainant had received the RC from the RTO endorsing the loan of the 2^nd Opposite Party.  The sales executive of the 1^st Opposite Party informed the Complainant that Rs.6,100/- is the EMI and the period of the loan is for 5 years in 60 EMIs.  Complainant states that the Complainant had paid the installments in to the account number provided by the 1^st Opposite Party, stated to be the account number of the 2^nd Opposite Party and initially the same was transferred from the Canara Bank, Panamaram Branch from 21.03.2020 onwards.  Complainant further states that subsequently one Eldho. K. P, the executive of the 2^nd Opposite Party directly collected about 15 installments from the Complainant but no receipt were provided by him saying that consolidated receipts will be provided by the Company.  Thereafter the Complainant has paid 7 installments including that for February 2022 through the ESAF Bank, Panamaram Branch.  Complainant states that the demand of the Complainant for the copy of loan agreement and other details including payment receipts are not given by the Opposite Parties.  The Complainant states that upon pressure from the side of the Complainant, a photocopy of a chart without having the details of the vehicle number, name and address of the Complainant, loan agreement details, vehicle number etc were given to the Complainant in which instead of 60 installments @ Rs.6,100/- as agreed at the time of purchase, the Opposite Party had incorporated 72 installments in the chart and the Complainant states that, when the same was questioned by the Complainant, the staff of the Opposite Party threatened the Complainant that the Complainant has to face dare consequences including seizure of the vehicle if he is not paying the amounts and hence the Complainant approached this Commission filing the complaint alleging unfair trade practice and deficiency of service on the part of the Opposite Parties.

            6.  Notice issued to both the Opposite Parties were duly served to them but the Opposite Parties were not appeared before the Commission and hence set ex-parte on 17.05.2022.  From the Order sheet it is seen that on 27.07.2022 the ex-parte order of 2^nd Opposite Party is set aside allowing I.A.303/2022.  Thereafter the 2^nd Opposite Party filed their version denying the allegations in the complaint. According to them the Complainant agreed that the agreement value would be repaid in 60 EMIs and the 1^st installment was payable on 21.03.2020 and the subsequent installments were payable on or before the 21^st day of each succeeding calendar months.  It is contented that, it is agreed by the Complainant to pay the delayed interest payable on a monthly basis compounded on monthly interest and insurance premium collection charges, cheque bounce charges etc and since there is arbitration clause in the agreement, this Commission has no jurisdiction to entertain the complaint.  It is also contended that the Complainant was a continuous defaulter and the remitted installments were out of time and therefore the Complainant is liable to pay penal interest on the defaulted installments.

            7.  The acceptance of down payment alleged by the Complainant, receipt of blank cheque, blank stamp papers etc are denied by 2^nd Opposite Party and for the remittance made by the Complainant, proper receipts are issued and the allegation that the amount collected through the representative named Eldho for which receipt is not issued, is not correct and hence denied.  According to the 2^nd Opposite Party the Opposite Party provided the loan repayment chart and the copy of HP agreement to the Complainant.  The unfair trade practice and deficiency of service are denied and according to the Opposite Party there is no merit in the complaint and prays for dismissal of the complaint with compensatory costs.

            8.  It is seen that after completing the pre- trial steps, this Commission posted the case for evidence on 10.04.2023.  On that day the Complainant applied for time and thereafter various postings were given till 03.06.2023, on which date the Counsel for the Complainant submitted Memo stating “no instruction” from the Complainant.  Hence registered notice was issued to the Complainant from this Commission and the Complainant was not present even though the notice was served to the Complainant.

9.  Since the Complainant has not turned up, the case was taken for orders on 11.07.2023.

            10. The following points are raised for consideration:-

1. Whether the Complainant sustained to any deficiency of service or unfair trade practice from the side of the Opposite Parties?
2. If so, whether the Complainant is entitled to get any compensation from the Opposite Parties?
3. Costs of the proceedings if any?

            11.  Considered the matter in detail and the documents submitted by the Complainant.  Even though sufficient opportunities are given to the Complainant, he had not turned up to prove his case against the Opposite Parties.  The Complainant had not produced documents regarding the remittance towards the loan account even though it is stated that he had paid 7 installments through the ESAF bank, Panamaram Branch apart from the other payments.  Hence, Point No.1 is found against the Complainant.  Since Point No.1 is found against the Complainant this Commission has not considered Point No.2 and 3.  In these circumstances this Commission is of the opinion that the Complainant has not proved his case and the complaint is only to be dismissed.

Hence complaint is dismissed.

            Since the complaint is dismissed the interim order passed in I.A.125/2022 restraining the respondents therein from seizing the vehicle of the Petitioner bearing Registration No.KL-72-C-6112 till further order is hereby vacated.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 9^th day of August 2023.

Date of Filing:-05.04.2022.

PRESIDENT   :Sd/-

MEMBER       :Sd/-

/True Copy/

                                                                                       Sd/-

                                                                                             ASSISTANT REGISTRAR

                                                                                                  CDRC, WAYANAD.

Kv/-