Sri. P. Satheesh Chandran Nair (President):

The complainant filed this complaint u/s.12 of the C.P. Act 1986.

2. The case of the complainant is as follows.  The complainant approached 1^st opposite party and paid an advance amount of Rs. 5000/- to a TVS WEGO scooter on 11/09/2017.  The complainant approached 1^st opposite party by seeing a special advertisement published by 1^st opposite party with regard to an ‘Onam’ offer.  In order to pay the balance amount of Rs. 60,600/- to 1^st opposite party he himself arranged a loan to the complainant by the help of 3^rd opposite party.  As directed he has signed so many papers before 2^nd opposite party.  It is contended that the 1^st opposite party again demanded Rs. 11,000/- from the complainant for the said purchase but the complainant was not ready to pay the excess amount as directed by the 1^st opposite party.  The complainant demanded the refund of the advance amount and signed papers from 1^st opposite party.  It is contended that the 1^st opposite party assured the closure of the loan transaction with 3^rd opposite party.  Though the loan closure was assured by 1^st opposite party it was in vain.  On 16/09/2017 it is informed that a loan of Rs.60,600/- was sanctioned in favour of the complainant with a repayment of Rs. 2404/- in 36 monthly installment.  According to the complainant the act of the opposite party is a deficiency in service and unfair trade practice against the complainant and they are liable to him.  Hence, this case for refund of the advance amount Rs. 5,000/- compensation, cost, etc, etc from the complainant.   
3. This Forum entertained the complaint, and issued notice to opposite parties for their appearance.  The 1^st to 3^rd opposite parties appeared before the Forum but failed to file any version before this Forum.  The 3^rd opposite party he who filed an authorization and filed a certificate with regard to the closure of the alleged loan vide HYP No. 17139498 HO/V/AS/17139498.

4. On the basis of the complaint and records before us we framed the following issues for consideration.

1. Whether the opposite parties committed any deficiency in service or unfair trade practice against the complainant as alleged?
2. Regarding relief and cost?

5. In order to prove the case of the complainant, the complainant he who filed a proof affidavit in lieu of his chief examination and examined him as PW1.  Through PW1 Ext. A1 to A3 were also marked.  Ext. A1 is the Loan statement dated: 15/09/2017 issued by 3^rd opposite party.  Ext. A2 is a brochure published and distributed by 1^st opposite party regarding the sale of the vehicle at the time of Onam festival. Ext. A3 is the Loan closure certificate dated:19/12/2017.    After the closure of evidence we heard the complainant. 
6. Point.No.1&2:- For the sake of convenience, we would like to consider Point No.1 and 2 together.  When we peruse the deposition of PW1 we can see that the complainant he who paid an amount of Rs. 5,000/- to the 1^st opposite party as an advance for the purchase of the said vehicle.  Ext. A1 is a loan sanction letter issued by 3^rd opposite party in favour of the complainant which elaborately describing the loan amount, interest rate, monthly installment etc., etc.  Ext. A2 is a brochure published and distributed by 1^st opposite party regarding the sale of the vehicle at the time of Onam festival.  When we go through Ext. A2 it shows that 1^st opposite party is taking responsibility for arrangement of loan for the said purchase.  Ext. A2 also offers so many Onam gift to the customers at the Onam season.  Ext. A3 dated:19/12/2017 is a letter issued by 3^rd opposite party which stated that the hypothecation loan dated:16/09/2017 Vide HYP No. 17139498 HO/V/AS/17139498 for the purchase of 2 wheeler TVS WIGO 110 and the same have been closed on 07/02/2017.  As per Ext. A3 it is evident to see that 3^rd opposite party closed the loan on 07/02/2017.  But it is seen that the issuance of the said certificate was only on 19/12/2017 i.e., about 10 months delay.  According to PW1 the 1^st opposite party has taken all the necessary signed papers from the complainant on 11/09/2017.  It is evident to see that though PW1 was amenable to buy the vehicle as offered by 1^st opposite party, after 3 days of the execution of the said documents, the 1^st opposite party again insisted PW1 to pay a further amount of Rs. 11,000/-for the said purchase.  We don’t think that such, an enhancement of the price amount after the execution of the loan papers are not at all justifiable on the part of 1^st opposite party.  It is true that all the opposite parties are failed to file any version before this Forum though they appear before this Forum on the date of appearance. At this juncture the evidence adduced by PW1 is unchallengeable as far as 1^st to 3^rd opposite parties are concerned.  In the light of Ext. A1 we can infer that even without effecting a sale 1^st opposite party arranged a loan with 3^rd opposite party and also found that the said loan was closed on 07/02/2017 by the 3^rd opposite party.  If so there is no justification on the part of 3^rd opposite party for the delay caused for intimating the said closure on 19^th December 2017 i.e., after 10 months.  On the basis of the above discussion we would like to find that the complainant is succeeded to prove his case against all the opposite parties.  As per the complaint 2^nd opposite party is the finance executive and 1^st opposite party is the Sales Manager of Parapparambil Motors, Thottamon, Ranny 3^rd opposite party is the Financiers who granted loan sanction letter to the complainant.  Therefore we would like to find that 1^st and 2^nd opposite parties are jointly and severely liable to the complainant and 3^rd opposite party is liable to the complainant only for the delay of cancelation of the loan and delay caused with regard to it intimation to the complainant.  Therefore Point No.2&3 found accordingly.     

7. In the result, we pass the following orders.

1. The 1^st and 2^nd opposite parties are hereby directed to refund            Rs. 5,000/- (Rupees Five Thousand only) the advance amount to the complainant with 10% from the date of filing of this case onwards i.e., 09/11/2017.
2. The 1^st and 2^nd opposite parties are liable to pay a compensation of     Rs. 3,000/- (Rupees Three Thousand only) and a cost of Rs. 2,500/- (Rupees Two Thousand Five Hundred only) to the complainant with 10% from the date of receipt of this order onwards.
3. The 3^rd opposite party is also directed to pay a compensation of         Rs. 3,500/-(Rupees Three Thousand Five Hundred only) to the complainant with 10% interest from the date of receipt of this order onwards. 

      Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 28^th day of November, 2018.

                                                                                  (Sd/-)

                                                          P. Satheesh Chandran Nair,                                                                                                                                                                                                                                             

Smt. Sheela Jacob (Member)    :  (Sd/-) 

Appendix:

Witness examined on the side of the complainant:

PW1 : Georgekutty M P

Exhibits marked on the side of the complainant:

A1 :  Loan statement dated: 15/09/2017 issued by 3^rd opposite party. 

A2 :  Brochure published and distributed by 1^st opposite party regarding the sale

        of the vehicle at the time of Onam festival.

A3 :  Loan closure certificate dated:19/12/2017.

Witness examined on the side of the opposite parties: Nil

Exhibits marked on the side of the opposite parties: Nil                                                                                                                                                                         

                                                                                                      (By Order)

Copy to:- (1) M.P. Georgekutty,

          S/o M.J Pathrose, Manakkattu Veedu,

                   Vadakara Muri, Velloor, Kottayam.

                   Now Residing at:

                   Bathel Gospal Assembly Church, Cudumon Kara,

                   Kottanadu, Perumpetty.

2. Jins,

              Sales Manager, TVS Parapparambil Motors,

              Thottamon – Ranny.

3. Ajayan, Finance Executive,

              Parapparambil Motors, Thottamon – Ranny.

4. Muthoot Capital Services Ltd.,

              Regd. Office, 3^rd Floor, Muthoot Towers, M.G Road, Kochi.

5. The Stock File.