A.K.ANNAMALAI, J. - (1.) The opposite party is the appellant.
(2.) Complainant purchased Hero Honda two wheeler from the opposite party by obtaining loan for Rs.44,600/- on agreement to repay at Rs.1,392/- in 36 EMI during the month of May 2006. When the complainant was not in a position to repay the 2nd instalment on 22.7.06 when he approached the bank for payment the vehicle parked outside the bank was taken away by the opposite party against law and only on receipt of telegram he came to know about it and thereafter he has sent 3 months due along with legal notice. It was received by the opposite party in which claiming the surrender of vehicle and to pay Rs.50,000/- as compensation. As the opposite party failed to comply came forward with this complaint.
(3.) The opposite party denied the allegations of the complainant and stated that the complainant was the chronic defaulter in payment and thereby as per the procedure and law action was taken after giving due notice and thereby the vehicle was seized and subsequently as the payment was not made on 24.9.06 vehicle was sold in public auction and thereby there was no deficiency of service on the part of the opposite party.;