DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the  15^th day of  September, 2023 

Present      :    Sri. Vinay Menon V., President

                   :    Smt. Vidya A., Member                                                          Date of Filing:  22/03/2023 

                                                                                  CC/81/2023

Abu Thahir,

S/o.Yusuf,

Residing at Cherad,

Near Kavitha Auditorium,

Manthakad (PO), Malampuzha,

Palakkad – 678 651.                                               -                     Complainant     

      (By Adv. P. Shibu)

                                                                                                Vs

1. The Manager,

Indostar Capital Finance Ltd.,

2^nd Floor, Sundar Tower,

Opp. Federal Bank, Coimbatore Road,

Kunnathurmedu, Palakkad – 678 013

2. The Manager,

ICICI Bank Ltd.,

Opp. Rappadi, Palakkad                                  -                       Opposite parties 

      (Both O.P.s were set exparte)

O R D E R

By  Sri. Vinay Menon V., President  

1. Muddled pleadings of the complainant, down to essentials, are that he had availed a financial assistance of Rs.6,50,000/- from the 2^nd OP, repayable in 60 EMIs. Using the loan  amount, the complainant purchased a second hand vehicle (Force Traveller). The installments were being paid regularly.  Complainant further states that the 1^st OP had, without the knowledge or consent of the complainant, paid off the entire financial assistance due to the 2^nd OP. With regard to the rest of the pleadings the complainant blows hot and cold regarding the liability to the 1^st OP. He pleads ignorance as to how the 1^st OP could intervene with his financial assistance from 2^nd OP while at the same breadth admitting payments made to the 1^st OP.  He also states that the 1^st OP is preventing him from effecting payments to 2^nd OP. This complaint is filed seeking orders restraining the 1^st OP from the complainant effecting payments to 2^nd OP, restraining the OPs from illegally taking possession of the complainant’s vehicle and for other incidental reliefs.
2. Even though O.P.s received notice, they failed to appear before this Commission and file their version. Hence they were set exparte.  Complainant was directed to file proof affidavit on 27/6/2022 but till 12/9/2023 the complainant had failed to file his proof affidavit or mark his document as evidence even after granting ample time and warning. Pleadings therefore have not matured into evidence.
3. Hence this Commission is unable to come to a conclusion regarding the culpability of the 1^st OP. The complainant has failed to prove his case.
4. Therefore this complaint is dismissed.

                              Pronounced in open court on this the  15^th  day of September,  2023.       

                                                                                                                                  Sd/-

                                                                                                            Vinay Menon V

                                                                President

                                                                                                                                                                                               Sd/-

                                                             Smt. Vidya A.

                                                                 Member

NB : Parties are directed to take back all extra set of  documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.