SRI.LAIJU RAMAKRISHNAN(PRESIDENT) <br /> <br /> The complaint is filed for getting a direction against the opposite party from forcibly taking possession of a lorry from the custody of the complainant without due process of law and such other reliefs.<br /> <br /> The complainant is the owner in possession of an Asoka Leyland lorry bearing Reg.No.KL.06/C.7855. The complainant had availed a loan of Rs.8,30,700/- from the opposite party by virtue of contract No.E1AA00459 dated 30.09.2005. The complainant executed the agreement at the office at Rajakkadu. According to the complainant the period of repayment is 47 months and one monthly instalment is Rs.18,220/-. The complainant has remitted 26 instalments out of 30 instalments when the complaint is filed. 4 number of instalments have became due. The opposite party telephoned to the complainant and threatened with dare consequences if not the due instalments plus penal interest plus travelling expenses plus service charges are paid within 5 days. Though the complainant requested to enlarge the time for repayment of the due instalments the opposite party did not heed to. The opposite party never provided statement of accounts as per the request of the complainant. On 12.12.2007 an agent of the opposite party went to the complainant's office and demanded the vehicle, but the complainant was not inclined to hand over the vehicle. So he threatened that he would take the vehicle into his possession by force. Scared by the above threatening the complainant is not plying the vehicle through the road since 12.12.2007. The complainant is sustaining a loss of Rs.1,000/- per day. Hence a total amount of Rs.61,000/- is lost because of this. The complaint is filed for getting compensation and also for getting a<br /> direction against the opposite party from forcibly taking the possession of the lorry from the custody of the complainant. <br /> <br /> 2. The opposite party filed a written statement and alleged that complainant is a not a consumer as per the Consumer Protection Act and the dispute alleged is not a consumer dispute. The loan agreement was entered at Cochin with Indusland bank having its registered office at Chennai. The payments are released to zonal office at Cochin. As per clause 23(a) of Loan agreement, any or all disputes arising out of the loan transaction shall be settled by Arbitrator nominated by the opposite party at Chennai. The complainant has committed default in payment of instalments and additional finance charges. So a sum of Rs.109806.88 is due and is payable by the petitioner. The opposite party admitted that they have given financial assistance to the complainant's vehicle. The complainant remitted only 25 instalments out of 30 instalments on 21.02.2008. But he failed to remit the instalments in time. So the additional finance charges and other damages accrued as on the date. The complainant never requested for a statement of accounts because it has been already given in the repayment schedule. The opposite party is very prompt in giving the receipts for payments. The complainant normally does the payments through cheque. The opposite party got full right to possess the vehicle through proper channel, since he is having the first charge of the vehicle. The opposite <br /> party never intervened in the operation of vehicle. So the claim of the complainant is illegal and unfair. There is no deficiency in service on the part of the opposite party and hence the petition may be dismissed. <br /> <br /> 3. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to ?<br /> <br /> 4. The evidence consists of the oral testimony of PW1 and Exts.P1 to P3 marked on the side of the complainant. The opposite party was examined as DW1 and Exts.R1 to R4 were marked on the side of the opposite parties. <br /> <br /> 5. The POINT :- The complainant availed a loan of Rs.8,30,700/- from the opposite party for his vehicle No.KL.06/C.7855 on 30.09.2005. The repayment was in 47 instalments, one instalment comes Rs.18,220/-. Ext.P1 is the copy of the registration certificate of the vehicle. Ext.P2 is the repayment schedule issued to the complainant. Out of 47 repayment instalments, four instalments are due now. The opposite party came to the complainant's house and threatended him that they will take possession of the vehicle forcefully from the custody of the complainant and also demanded exorbitant amount. PW1 delivered that the complainant cannot ply the vehicle through the road because of the threat of the opposite party. Complainant is using the vehicle for his hollow bricks unit, and so a heavy loss is occurred to the complainant. The manager of the opposite party is examined as DW1. The application for the loan is Ext.R1. Ext.R2 is the loan agreement. Ext.R3 is the statement of accounts. DW1 deposed that, they never interested to possess the vehicle forcefully. Only 25 instalments were paid by the PW1. <br /> PW1 has signed the R2, only after reading all the conditions in it. The interest is collected as per the rules of the Reserve Bank of India. PW1 and DW1 admitted that there is due in the loan instalments to the opposite party by PW1. As per PW1, 26 instalments were paid and as per DW1 25 instalments were paid by the complainant. It is admitted by PW1 that four instalments are also due. The opposite party is not furnishing statement of loan account to the complainant after repeated requests. The opposite party have the right to get the due instalments from the complainant. But it is not proper to take the vehicle forcefully from the complainant. Ext.P3 is the demand notice issued by the opposite party to the complainant stating that they came to the residence of the complainant and so the complainant have to pay the expense for the journey. It is clear that the opposite party came to the premises of the complainant. The complainant have the right to get the statement of loan account as per the request of the complainant. At the time of trial, the complainant produced three DDs of Rs.18,220/- each before the Forum and the three DDs were released to the opposite party on 11.08.2008. There is no evidence produced by the complainant to show any loss caused to the complainant. <br /> As a result, the petition allowed. The opposite party is restrained from taking possession of the vehicle bearing Reg.No.KL.06/C.7855 forcibly from the custody of the complainant without due process of law. If any loan amount of the vehicle is due to the opposite party from the complainant, the opposite party can proceed legally against the complainant. The complainant is also entitled to get the statement of loan account as per the request of the complainant. The opposite party is also directed to pay Rs.2,000/- as cost of this petition to the complainant within one month of receipt of a copy of this order, failing which the outstanding amount shall carry 12% interest from the date of default.<br /> <br /> Pronounced in the Open Forum on this the 25th day of August, 2008<br /> <br />