DATE OF FILING : 3.1.2011

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 25^th day of February, 2011

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDHU SOMAN MEMBER

C.C No.1/2011

Between

Complainant : Raju Kuttappan, S/o Kuttappan,

Maruthanadiyil House,

Pannimattom P.O.

Thodupuzha, Idukki District.

And

Opposite Parties : 1. The Manager,

SML Finance Ltd.,

SML Building,

Edappally Toll Junction P.O.,

Cochin – 24.

2. The Manager,

SML Finance Ltd.,

Thodupuzha Branch,

Vengalloor P.O.,

Thodupuzha, Idukki District.

O R D E R

SMT. BINDHU SOMAN (MEMBER)

The complainant purchased an autorickshaw from the opposite party on 31.8.2007 bearing Reg.No.KL-38-4631. The cost of the vehicle was Rs.1,28,000/- and on the date of purchase, an amount of Rs.25,000/- was paid in cash to the 2^nd opposite party and an amount of Rs.1,03,000/- was availed as loan under a higher purchase agreement. The EMI was for Rs.4,203/- with 36 instalments, signed two blank cheque leaves of Sindicate Bank were issued by the complainant as security of loan. Complainant had paid 15 instalments without any delay. Then he became defaulter of six instalments and for that the opposite party sent legal notice to him. After receiving the legal notice, the complainant is ready to pay his six instalments, but the 2^nd opposite party demands Rs.39,500/- from him. Petitioner asked the details of calculations, but the opposite party objected. Again the complainant had sent a fax message to 1^st opposite party requesting his loan details. Then the opposite party forcefully ceased his vehicle. After that the complainant sent a fax message to the 1^st opposite party on 6.7.2009. In that message, the complainant informed his willingness of payment and also he is ready to take the vehicle. But the opposite party had no response. In this circumstance, the complainant filed this petition before the Forum. The complainant was ready to pay the reasonable and actual amount due as per the hire purchase agreement to the opposite party. The petition is filed for directing the opposite party to settle the account between the complainant and the opposite party and to return the vehicle and the cheque leaves.

2. In spite of notice from Forum, the opposite party was exparte. No written version filed.

3. The point for consideration is whether there is any deficiency in service on the part of the opposite parties, and if so for what relief the complainant is entitled to?

(cont....2)

- 2 -

4. No oral evidence adduced by both the parties. Exts.P1 to P5 marked on the side of the complainant.

5. The POINT :- The complainant has no oral evidence, documents produced. Copy of the fax given to the opposite party dated 18.6.2009 is marked as Ext.P1. Another fax letter copy given to the opposite party on 6.7.2009 is marked as Ext.P2. Copy of the legal notice issued by the opposite party to the complainant is also produced and is marked as Ext.P3. Notice issued to the mother of the complainant is marked as Ext.P4. Loan pass book is marked as Ext.P5. Complainant is an ordinary man having an autorickshaw with which he earn his daily bread. In the petition, he admitted that he could pay only 15 instalments regularly. The remaining instalments became due, and he is ready to pay the defaulted instalments as per the hire purchase agreement. Ext.P5 shows his transactions with the opposite party. Ext.P3 legal notice, complainant is ready to obey the notice and approached the opposite party, but the amount demanded by the opposite party is not agreeable with him. The complainant through fax message requested the details of calculation, but the opposite party had not given any statement of account to him. The opposite party had not produced any black and white evidence to show how the amount reach to Rs.39,500/-. Exts.P1 and P2 shows complainant's eagerness for taking possession of his vehicle. The opposite party had not given any reply to Exts.P1 and P2. Here we find deficiency of service on the part of the opposite party.

Hence the petition allowed. The opposite parties are directed to give back the complainant's vehicle after receiving his pending instalments with 12% interest per annum from the date of due or the opposite parties are directed to pay Rs.1,28,000/- as cost of the autorickshaw. The opposite parties are also directed to pay Rs.2,000/- as compensation to the complainant within one month of receipt of a copy of this order failing which the outstanding amount shall carry further interest at 12% per annum from the date of default.

Pronounced in the Open Forum on this the 25^th day of February, 2011

Sd/-

SMT. BINDHU SOMAN (MEMBER)

Sd/-

I agree SRI. LAIJU RAMAKRISHANAN (PRESIDENT)

Sd/-

I agree SMT. SHEELA JACOB (MEMBER)

APPENDIX

Depositions :

Nil.

Exhibits

On the side of the Complainant :

Ext.P1 - Copy of the fax given to the opposite party dated 18.6.2009.

Ext.P2 - Copy of the fax given to the opposite party dated 6.7.2009.

Ext.P3 - Copy of the legal notice issued by the opposite party to the complainant.

Ext.P4 - Legal notice issued to the mother of the complainant, dated 16.2.2009.

Ext.P5 - Pass book of the loan account.

On the side of the Opposite Parties :

Nil.