Date of filing :25-11-2009

                                                                        Date of order :08-12-2009

 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                  CC. No. 263/08

                        Dated this, the 8^th     day   of December   2009.

PRESENT

SRI.K.T.SIDHIQ                            : PRESIDENT

SMT.P.RAMADEVI                       : MEMBER

SMT.P.P.SHYMALADEVI             : MEMBER

Mohammed Kunhi,

S/o. Abdul Khader, 7/58 of Muliyar,       } Complainant

Jumba House, Mulyar.Po,

Kasaragod.Dist.

(Adv.Abdul Nasir, Kasaragod)

The Manager, Mahindra Finance,

2^nd floor, City Centre,                                } Opposite party

Bank Road, Kasaragod

(Adv. Babu Chandran.K, Kasaragod)

                                                            O R D E R

SRI.K.T.SIDHIQ, PRESIDENT

            Complainant Mohammed Kunhi filed this complaint against the collection of re-possession charges of the vehicle by the opposite party from him.  According to the complainant his Maruthi Alto Car bearing Reg.No.KL-14/G 6262 was never re-possessed by opposite party or his agents to penalize him with re-possession charges of Rs.4000/-.

2.            According to opposite party the complainant has not paid the monthly instalments regularly.  On 12-07-08 the complainant paid Rs.24,000/-towards the monthly instalment due and Rs.4000/- towards the re-possession charge and Rs.1000/- towards the traveling expenses.  The amount of Rs.5000/- is collected with the consent of the complainant.  They came to know about the objection only on receipt of the notice of the Forum.  As per terms of agreement the opposite party is entitled to charge the traveling  expenses and re-possession charges.  However, they are ready to repay the  amount of Rs.5000/- collected from the complainant   for keeping the good business relationship.

3.         The Hon’ble National Consumer Disputes Redressal Commission and the Hon’ble Supreme Court has time and again held that the re-possession of a vehicle by the financier without the recourse to law itself attracts various legal proceedings.  It also amounts to deficiency in service under Consumer Protection Act.   When the re-possession of the vehicle itself is illegal and constitutes deficiency in service, the collection of the re-possession charges and transportation charges  is more grave and it amounts to gross deficiency in service.  Therefore the opposite party is liable to compensate the complainant for the loss hardships and mental agony on account of the illegal extraction of Rs.5000/- by way of re-possession charges and transportation charge when the vehicle was actually  not re-possessed at all.

            Therefore the complaint is allowed and the opposite party is directed to refund Rs.5000/- to the complainant along with a compensation of Rs.2000/- and a cost of Rs.3000/-.  Time for compliance is limited to 30 days from the date of receipt of copy of the order.  Failing which the amount of Rs.5000/- will carry interest @ 12% per annum from the date of complaint till payment.

      Sd/-                                               Sd/-                                                  Sd/-

MEMBER                                           MEMBER                                           PRESIDENT

Exts.

A1.12-7-09 Receipt issued by Opposite party.

A2. 14-9-09 copy of lawyer notice.

    Sd/-                                                Sd/-                                                  Sd/-

MEMBER                                           MEMBER                                           PRESIDENT

Pj/                                                                    Forwarded by Order

                                                               SENIOR SUPERINTENDENT