<br /> <br /> By R.VIJAYAKUMAR, MEMBER.<br /> <br /> The Complaint is filed for realization of vehicle bearing No. KL02/R-7598 and cheque leaves and for getting a direction to restrain issue of new R C Book or if vehicle cannot be realized, for refund of margin money Rs . 1,50,000 and paid installments amount Rs 68,000/- and compensation and cost.<br /> <br /> <br /> The averment in the Complaint can be briefly summarized as follows:-<br /> <br /> The Complainant after depositing Margin Money Rs. 1,50,000/- hypothecated a Tata Indigo LS bearing Reg. No.KL02/R-7598 for an amount of Rs 4,75,000/- from the opposite party with condition to remit Rs. 8500/- as monthly installment of Repayment. The opposite party received 10 blank and signed cheque leaves as security. The said vehicle was the only source of income for the Complainant’s livelihood. Complainant paid 8 installments properly without any default. Due to some financial crisis the complainant could not remit 3installments and at that time without any notice, 1st opposite party seized the vehicle using muscular force. Complainant contacted the 1st opposite party several times and informed that She is ready to remit installments. 1st opposite party demanded to remit an unreasonable amount Rs 425000/- as a lump sum including service charges. <br /> Complainant was not in a position to remit that amount . 1st opposite party is trying hasty preparation for the sale of the vehicle and to take duplicate RC Book. Complainant sent a legal notice to the II opposite party directing that not to issue duplicate RC Book. The II opposite party sent a notice dated 21.02.2006 directing the complainant to surrender the RC Book. If the RC book is taken into the possession of opposite party the complainant will put in to irreparable loss, injury and hardships. The opposite party obstructed the lively hood of the complainant and there by the complainant suffered mental agony . Hence the complaint.<br /> <br /> The opposite party filed a version contenting interalia that the complaint is not allowable. The Complainant is not entitled to get any relief and the sole intention is to harass the opposite party.<br /> <br /> <br /> The said vehicle was hypothecated with the 1st opposite party for an amount of Rs. 4,75,000/-. Complainant primarily remitted Rs. 1,50,000/-. The cheques leaves were collected not for security and for the purpose of monthly installments. From the II installment itself the complainant was defaulting. All the EMI Cheques were dishonoured. Opposite party seized vehicle two times on default of payment. At the 1st instance some amount was paid and the vehicle was repossessed by the complainant. In the II time after the laps of 6 months and after giving sufficient opportunity to the complainant the vehicle was auctioned. There was no attempt from the side of the complainant to remit the balance amount and to release the vehicle. The vehicle was sold in a public auction. Notice was issued to the complainant in this connection. The II opposite party is bound to issue RC book <br /> -3-<br /> and other official paper in favour of the 1st opposite party. As per agreement the I opposite party has every right to repossess and to sell the vehicle if the complainant defaulted in payment. Complainant has no reason to suffer any physical or mental agony and no cause of action. These is no deficiency in service on the part of opposite party and hence prays for dismissal of the complaint.<br /> <br /> The points that would arise for consideration are:<br /> <br /> 1. Whether there is any deficiency in service on the part of opposite parties.<br /> 2. Relief’s and costs<br /> <br /> For the Complainant<br /> <br /> PW 1 examined. P1 to P8 marked <br /> The opposite party has no oral evidence.<br /> <br /> <br /> Point 1 and 2 <br /> <br /> Admittedly the Complainant remitted Rs. 1,50,000/- as margin money and hypothecated a Tata Indigo LS bearing Reg: No. KL 02/R 7598 for Rs 4,75,000 from the opposite party. On default in payment of installment the vehicle was seized by the opposite party with out any notice. At the 1st instance the complainant remitted some amount and repossesed the vehicle. Even though the opposite party is claiming that the vehicle was repossesed and sold only after complying all formalities, and the notice was already issued, no material produced to the show that the opposite party has issued notice to intimate the complainant that the vehicle is going to be auctioned. The complainant has every right to get this information. The complainant is entitled to get back the margin money deposit and the amount paid as installments. We find that there is deficiency in service on the part of opposite party. The point found accordingly.<br /> <br /> <br /> In the result the complaint is allowed. The opposite party is directed to repay the Margin money deposit Rs. 1,50000/- and paid installments amount Rs. 68000/- along with interest at the rate 6% per annum and Rs. 2000/- as compensation and cost. This order is to be complied with within one month from the date of receipt of this order. <br /> <br /> Dated this the 30th day of June, 2008<br /> <br /> <br /> <br /> <br /> <br /> <br /> INDEX<br /> <br /> List of witness for the complaint <br /> PW1 Sudhesan (Power of Attorney)<br /> <br /> List of documents for the complaint.<br /> P1 Special Power of Attorney<br /> P2 Copy of RC Book<br /> P3 Invoice Cum Delivery Receipt<br /> P4 Private Car Package Policy<br /> P5 Insurance Policy<br /> P6 Remittance Slip<br /> P7 Advocate notice.<br /> P8 II OP sent Repair notice.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />