K.SAMPATH, J. - (1.) The complainant in C.O.P.No.251/2002 on the file of the District Consumer Disputes Redressal Forum, Madurai, is the appellant herein. The case of the complainant was as follows:- (a) He had availed vehicle loan in a sum of Rs.35,000/- from opposite party No.3 through opposite party No.1. He made a down payment of Rs.8,752/-. The balance amount had to be paid in monthly instalments of Rs.1,300/- from 31/08/1998 and the last of the instalments had to be paid on 31/07/2001, the last monthly instalment being Rs.1,050/-. The instalments were deducted from his salary. Accordingly, he paid the last monthly instalment on 31/07/2001. However, the vehicle was re-possessed by opposite party No.2 on the recommendation of opposite party No.3. Alleging deficiency in service, the complaint came to be filed for a direction to the opposite parties for return of the vehicle, to pay Rs.50/- per day towards transport charges incurred by the complainant, Rs.2 lakhs towards mental agony and pain and Rs.2,000/- towards costs.
(2.) The 1st opposite party took the following stand. The then Bank of Madurai alone submitted a list for payment of loan. However, after Bank of Madura, merged with I.C.I.C.I. Bank, it did not enter into any agreement or understanding with opposite party No.1 nor did it impose any condition for repayment of the loan in any manner. Opposite party No.1 had remitted the entire amount to opposite party No.3 then and there. Opposite party No.2 took the stand that as directed by opposite party No.3, the vehicle was re-possessed as there was an overdue amount of Rs.3,707/-. The 3rd opposite party took the stand that as per the contract, each instalment had to be paid on or before the 5th of every month commencing from September 1998 that the complainant had not paid the loan regularly as per the contract that as per the statement of account, a sum of Rs.4,645/- was due and that there was no deficiency in service.
(3.) Before the District Forum, on the side of the complainant, Exs.A1 to A8 were marked while on the side of the opposite parties Exs.B1 to B15 were marked.;