- (1.) The Respondent as complainant filed a complaint before the District Forum against the opposite party praying for the direction to the opposite party to redeliver the Yamaha Vehicle in good condition, alongwith compensation of Rs.5000/- and cot of Rs.2000/-. The District Forum allowed the complaint. Against the said order, this appeal is preferred praying to set aside the order of the District Forum dt.15.2.2008 in CC.No.79/2005. This petition coming before us for hearing finally 31.5.2011. Upon hearing the arguments of the appellant counsel on eitherside, perusing the documents, lower court records, and the order passed by the District Forum, this commission made the following order in the open court: M. THANIKACHALAM J, PRESIDENT 1. The opposite party is the appellant.
(2.) The respondent/complainant, approached the District Forum, seeking a direction against the opposite party, to redeliver the Yamaha motorcycle, with good condition, as well for the recovery of a sum of RS.5000/-, as compensation for deficiency in service, alleging that he had purchased the Yamaha Motorcycle, bearing Registration No.TN-33 AB8940, availing financial assistance from the opposite party, agreeing to pay the loan amount on EMI, that due to illness and other circumstances, he was unable to pay the instalments in time, that taking advantage of the non-payment of the instalments for sometime, even without giving notice, the opposite party had seized the vehicle, that the complainant had paid the entire instalments, despite the same, the vehicle was not relidevered, thereby the opposite party had committed deficiency in service, causing mental agony, for which he is entitled to the above relief.
(3.) The opposite parties, admitting the financial assistance rendered by them, to the extent of RS.34000/-, which should be repaid with interest, totaling a sum of Rs.45,200/- in 36 instalments, at Rs.1256/- per instalments, commencing from 21.22004, resisted the complaint, contending that the complainant failed to pay the instalments, on four occasions, resulting repossession and seizure of vehicle, giving chance to pay the instalments also, with penal interest, that since the complainant has failed to pay the amount, the vehicle was sold, sale proceeds adjusted, which cannot be termed as negligence or deficiency in service, since under the Hire Purchase agreement, the opposite party was empowered to do so, which they did accordingly, cannot be faulted, praying for the dismissal of the complaint.;